Trends in Telecommunication Reform 2010-11 Organization (WIPO) or the United Nations. Proponents argue that ACTA is necessary to curb the increase in global illegal trade of copyright-protected works, while opponents argue that ACTA may harm consumer priva-cy, the imposition of heavy penalties and fines against those who download copyrighted material illegally, as well as requirements that Internet service providers (ISPs) assist in identifying illegal downloaders and in en-forcing innovation and legitimate commerce. anti-piracy laws. 3.4.2.4 Content-related offenses One measure that has gained worldwide attention is France’s anti-piracy law, Création et Internet, which came into effect in January 2010.78 Known as the anti-piracy Whether content-related activity is regarded as a “three strikes” law, it requires ISPs to send sus-pected digital pirates two warnings about their illegal criminal offense or protected free speech is highly de-pendent on each country’s cultural and legal frame-works. Although child pornography is generally downloading activities. After the third suspected of-fense, the downloader is required to appear before a criminalized in all countries, other content-related con-duct judge who can impose a fine of up to EUR 300,000, im-pose is not. For example, the distribution of “racist and jail time or suspend Internet access for up to a xenophobic material to the public through a computer system” is a crime in the European Union,83 but would likely be protected speech in the United States.84 Reli-gious year. Infringers are also put on a “three-strike” blacklist to prevent them from acquiring Internet service through another ISP. Proponents of the law state that it will stop or curb illegal downloading of music, movies and other copyrighted materials, and in turn promote artistic expression by protecting the creator’s copyright in the work.79 Opponents state that the law will not lead to a decrease in illegal file-sharing because there are numerous ways to circumvent the limitations set out in the law, for example by streaming video rather than downloading it. Instead of deterring copyright vi-olations, defamation is another example of content-related cyber activity that is illegal in many Arabic countries, but is not criminal in the United States or in some Eu-ropean countries. Given the differing legal standards for the regulation of content, it is unlikely that international frameworks will emerge. Instead, these issues will con-tinue to be addressed on a country-by-country basis, or perhaps through regional initiatives in areas with simi-lar cultural backgrounds.85 they believe the law puts innocent users in 3.4.2.5 Globalization of cybercrime danger of being penalized due to hackers using their IP addresses to download materials illegally. Other Euro-pean countries have also passed anti-piracy measures, Cybercrime often extends across national bounda-ries, such as when illegal content is stored outside a including Sweden80 and the United Kingdom.81 country or viruses are transmitted through a number of countries during the transfer from sender to recipient. An increase in cybercrime, including theft and fraud, is a negative side-effect of connecting more than 1.8 bil-lion At the international level, more than a dozen coun-tries are negotiating the Anti-Counterfeiting Trade Agreement (ACTA). The ACTA negotiations are headed by the United States, the European Commission, Swit-zerland Internet users worldwide.86 Cybercrimes have be-come highly globalized because they can be committed and Japan, and have been joined by Australia, Canada, Jordan, Korea (Rep.), Mexico, Morocco, New Zealand, Singapore and the United Arab Emirates.82 ACTA would: 1) focus on cooperation among the signa-tories against Internet users anywhere in the world. A cyber criminal can force law enforcement agencies into a vir-tual chase around the world by using any number of techniques that mask the identity of the cyber criminal and make tracing communications difficult, particularly the use of anonymous communication servers that en-crypt to address the challenges of cross-border illegal trade in copyrighted materials; 2) establish a set of en-forcement best practices that are used by authorities; transmissions, as shown in Figure 3.987 Since the and 3) create a legal framework of enforcement meas-ures. Countries would enforce the legal framework criminal never meets the victim, the anonymity of cy-bercrime through a new governing body existing outside of international institutions such as the World Trade Organization (WTO), the World Intellectual Property has also resulted in a new breed of tech-savvy criminal.88 100 Chapter 3