News from Chile, related to U.S. - Chile FTA rules on copyright protection:
The Chilean House of Reps has formally rejected the latest attempt Chilean President Michele Bachelet to “reform” that country’s copyright laws to include ISP-level content filtering.
Pres Bacehlet had argued that it’s necessary in order to comply with a Free Trade Agreement with the United States, but critics pointed out that’s not true being that the US is nowhere near ever having a similar system in place nor is it likely to ever have one.
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ISPs would’ve been responsible for verifying copyright infringement and most likely would’ve introduced mechanisms to be more proactive with their efforts to ensure compliance and decreased liability, meaning active content filtering in violation of customer privacy.
Another article, Article 12, would’ve required ISPs to keep identifying data of those accused of copyright infringement for at least 6 months. Critics says it’s unfair since it’s only an allegation and no similar treatment is required for people accused, yet not convicted of other crimes.
I think the provisions at issue are in Article 17.11(23), entitled "Limitations on Liability for Internet Service Providers". It's not clear to me whether these provisions require what the Chilean President thinks they do. I think the same issue has arisen in the ACTA negotations.
