EFFA couple months ago we reported on President Obama’s failure to live up to his desire for a transparent government when he opted to allow his administration to play the national security card to keep details of the controversial Anti-Counterfeiting Trade Agreement (ACTA) out of the eyes of the general public.

On April 30, 2009, the government released a second batch of documents related to the treaty, ultimately providing little substance. Since the Obama administration continues to withhold more than a thousand pages of material about ACTA the EFF has opted to resort to legal attacks to force the government to open up about this potentially dangerous [secret] treaty.

One of the key issues the EFF has keyed in on are provisions in the documents which appear to identify the Internet as a chief area for regulation. Since this uber-secret treaty is basically being written by the entertainment industry this should not come as a surprise. Couple that with the numerous entertainment industry insiders being appointed to high-ranking positions in the Obama administration and you can clearly see how this conflict of interest is going to make life very difficult for American citizens.

However, one of the documents implies that treaty negotiators are zeroing in on Internet regulation. A discussion of the challenges for the pact includes “the speed and ease of digital reproductions” and “the growing importance of the Internet as a means of distribution.”

Other publicly available information shows that the treaty could establish far-reaching customs regulations over Internet traffic in the guise of anti-counterfeiting measures. Additionally, multi-national IP industry companies have publicly requested that ISPs be required to engage in filtering of their customers’ Internet communications for potentially copyright-infringing material, force mandatory disclosure of personal information about alleged copyright infringers, and adopt “Three Strikes” policies requiring ISPs to automatically terminate customers’ Internet access upon a repeat allegation of copyright infringement.

Access to the Internet is a fundamental right. If it is not a fundamental right then why are other lobbying groups not fighting to have other utilities turned off when citizens use them for ostensible illegal purposes?

There was this era in the early 1900’s called Prohibition, when alcohol was abolished for superficial reasons. How quickly we forget how that ended up. Is there a soul out there who believes similar regulation of the Internet would fare any better than Prohibition?

More important than that point is this – is the entertainment industry so short-sighted that they believe this is a viable long-term strategy? Do the people who work in the industry truly believe that consumers will continue to listen to their music and watch their movies while knowing full well the industry believes their audience is a bunch of criminals?

Of course they do; the entertainment industry has a history of being arrogant. Their actions to date prove they believe they can do whatever they desire, with no ramifications to their business.

It is unfortunate the EFF has to take to legal action to try and obtain more information on this evil sounding treaty. I applaud the EFF for once again demonstrating they have the cojones to stand up and fight for every American’s right to access the Internet.

If you have never donated to the EFF previously maybe now is the time. I am sure they could use our help because we damn sure need theirs.