Trick or treaty?: The Australian debate over the Anti-Counterfeiting Trade Agreement

The secretive 2011 Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement 1994, and TRIPS-Plus Agreements, such as the Australia-United States Free Trade Agreement 2004. ACTA lacks the language of other international intellectual property agreements, which emphasise the need to balance the protection of intellectual property owners with the wider public interest in access to medicines, human development, and transfer of knowledge and technology. In Australia, there was much controversy both about the form and the substance of ACTA. While the Department of Foreign Affairs and Trade was a partisan supporter of the agreement, a wide range of stakeholders were openly critical. After holding hearings and taking note of the position of the European Parliament and the controversy in the United States, the Joint Standing Committee on Treaties in the Australian Parliament recommended the deferral of ratification of ACTA. This was striking as representatives of all the main parties agreed on the recommendation. The committee was concerned about the lack of transparency, due process, public participation, and substantive analysis of the treaty. There were also reservations about the ambiguity of the treaty text, and its potential implications for the digital economy, innovation and competition, plain packaging of tobacco products, and access to essential medicines. The treaty has provoked much soul-searching as to whether the Trick or Treaty reforms on the international treaty-making process in Australia have been compromised or undermined. Although ACTA stalled in the Australian Parliament, the debate over it is yet to conclude. There have been concerns in Australia and elsewhere that ACTA will be revived as a ‘zombie agreement’. Indeed, in March 2013, the Canadian government introduced a bill to ensure compliance with ACTA. Will it be also resurrected in Australia? Has it already been revived? There are three possibilities. First, the Australian government passed enhanced remedies with respect to piracy, counterfeiting and border measures in a separate piece of legislation – the Intellectual Property Laws Amendment (Raising the Bar) Act 2012 (Cth). Second, the Department of Foreign Affairs and Trade remains supportive of ACTA. It is possible, after further analysis, that the next Australian Parliament – to be elected in September 2013 – will ratify the treaty. Third, Australia is involved in the Trans-Pacific Partnership negotiations. The government has argued that ACTA should be a template for the Intellectual Property Chapter in the Trans-Pacific Partnership. The United States Trade Representative would prefer a regime even stronger than ACTA. This chapter provides a portrait of the Australian debate over ACTA. It is the account of an interested participant in the policy proceedings. This chapter will first consider the deliberations and recommendations of the Joint Standing Committee on Treaties on ACTA. Second, there was a concern that ACTA had failed to provide appropriate safeguards with respect to civil liberties, human rights, consumer protection and privacy laws. Third, there was a concern about the lack of balance in the treaty’s copyright measures; the definition of piracy is overbroad; the suite of civil remedies, criminal offences and border measures is excessive; and there is a lack of suitable protection for copyright exceptions, limitations and remedies. Fourth, there was a worry that the provisions on trademark law, intermediary liability and counterfeiting could have an adverse impact upon consumer interests, competition policy and innovation in the digital economy. Fifth, there was significant debate about the impact of ACTA on pharmaceutical drugs, access to essential medicines and health-care. Sixth, there was concern over the lobbying by tobacco industries for ACTA – particularly given Australia’s leadership on tobacco control and the plain packaging of tobacco products. Seventh, there were concerns about the operation of border measures in ACTA. Eighth, the Joint Standing Committee on Treaties was concerned about the jurisdiction of the ACTA Committee, and the treaty’s protean nature. Finally, the chapter raises fundamental issues about the relationship between the executive and the Australian Parliament with respect to treaty-making. There is a need to reconsider the efficacy of the Trick or Treaty reforms passed by the Australian Parliament in the 1990s.

Plasmacytoid dendritic cells: one-trick ponies or workhorses of the immune system?

Plasmacytoid dendritic cells (pDCs) were first described as interferon-producing cells and, for many years, their overlapping characteristics with both lymphocytes and classical dendritic cells (cDCs) created confusion over their exact ontogeny. In this Viewpoint article, Nature Reviews Immunology asks five leaders in the field to discuss their thoughts on the development and functions of pDCs--do these cells serve mainly as a major source of type I interferons or do they also make other important contributions to immune responses?

"They're trying to trick us!": Making sense of anti-oppressive children's literature in the elementary school classroom

This study examines how children make sense of “anti-oppressive” children’s literature in the classroom, specifically, books that integrate and promote positive portrayals of gender non-conformity and sexual diversity. Through a feminist poststructural lens, I conducted ethnographic observations and reading groups with twenty students in a grade one/two classroom to explore how children engage with these storybooks. I further explored how the use of these books in the classroom might help to mediate and negotiate existing gendered and heteronormative beliefs and practices within educational settings. The books used in this study challenge oppressive gender and sexuality regimes within mainstream children’s literature that have traditionally served to marginalize and silence gender non-conforming and LGBTQ individuals. Responses from participants in this study aid in questioning how dominant discourses of gender and sexuality are produced and reinforced, as well as where we may find opportunities for change and reform within the elementary school classroom.

Equilibria in exchange economies with financial constraints : beyond the Cass trick

We consider an exchange economy under incomplete financiaI markets with purely financiaI securities and finitely many agents. When portfolios are not constrained, Cass [4], Duffie [7] and Florenzano-Gourdel [12] proved that arbitrage-free security prices fully characterize equilibrium security prices. This result is based on a trick initiated by Cass [4] in which one unconstrained agent behaves as if he were in complete markets. This approach is unsatisfactory since it is asymmetric and no more valid when every agent is subject to frictions. We propose a new and symmetric approach to prove that arbitrage-free security prices still fully characterize equilibrium security prices in the more realistic situation where the financiaI market is constrained by convex restrictions, provided that financiaI markets are collectively frictionless.

Cryptolocker, trick or threat: phishing e malware alla ricerca dell'anello debole

Il Cryptolocker è un malware diffuso su scala globale appartenente alla categoria ransomware. La mia analisi consiste nel ripercorrere le origini dei software maligni alla ricerca di rappresentanti del genere con caratteristiche simili al virus che senza tregua persevera a partire dal 2013: il Cryptolocker. Per imparare di più sul comportamento di questa minaccia vengono esposte delle analisi del malware, quella statica e quella dinamica, eseguite sul Cryptolocker (2013), CryptoWall (2014) e TeslaCrypt (2015). In breve viene descritta la parte operativa per la concezione e la configurazione di un laboratorio virtuale per la successiva raccolta di tracce lasciate dal malware sul sistema e in rete. In seguito all’analisi pratica e alla concentrazione sui punti deboli di queste minacce, oltre che sugli aspetti tecnici alla base del funzionamento dei crypto, vengono presi in considerazione gli aspetti sociali e psicologici che caratterizzano un complesso background da cui il virus prolifica. Vengono confrontate fonti autorevoli e testimonianze per chiarire i dubbi rimasti dopo i test. Saranno questi ultimi a confermare la veridicità dei dati emersi dai miei esperimenti, ma anche a formare un quadro più completo sottolineando quanto la morfologia del malware sia in simbiosi con la tipologia di utente che va a colpire. Capito il funzionamento generale del crypto sono proprio le sue funzionalità e le sue particolarità a permettermi di stilare, anche con l’aiuto di fonti esterne al mio operato, una lista esauriente di mezzi e comportamenti difensivi per contrastarlo ed attenuare il rischio d’infezione. Vengono citati anche le possibili procedure di recupero per i dati compromessi, per i casi “fortunati”, in quanto il recupero non è sempre materialmente possibile. La mia relazione si conclude con una considerazione da parte mia inaspettata: il potenziale dei crypto, in tutte le loro forme, risiede per la maggior parte nel social engineering, senza il quale (se non per certe categorie del ransomware) l’infezione avrebbe percentuali di fallimento decisamente più elevate.

Trick Rider

Trick Rider is a book-length poem in four sections, which uses characteristics of the epic and gothic, as well as strategies of chance operations, to explore the compositional process in relation to time, how time is experienced during the writing process and is communicated through the text as an object and through the process of reading. The polyphonic speaker of Trick Rider is a stunt double and experiences doubling, being both representative of and an outsider to the community she channels; this tension is simultaneously cause and effect of the text.

Tie and trick, a melodramatic story.

Mode of access: Internet.