There are many concerns with the leaked draft ACTA agreement, including the fear that the agreement will erode the safe harbor protections that Internet Service Providers enjoy. This would force the ISPs to start monitoring and censoring their clients just to protect themselves from liability. This introduces censorship through the back door, even though censorship and monitoring are not explicitly mentioned in the ACTA agreement.
David Hammerstein of the Transatlantic Consumer Dialogue TACD has written a thorough account of the state of play at the ACTA negotiations. He writes:
[EU Trade Commissioner] De Gucht insists time and again that ACTA will make no “new demands” on Internet Service Providers.
Nevertheless, what he surely hides is how the Commission is now liberally interpreting the E-Commerce Directive that speaks of ”cooperation of ISPs” in its code of conduct as a benchmark for preserving “safe harbour” from liability. The threat of ACTA pushing dangerous self-regulation that invades privacy and sharing looms.
Read the article Smokescreens on ACTA