How far will ISPs be held liable for infringement of intellectual property rights under ACTA? On close examination in the EU context, we also come up against another question: is ACTA re-writing the weak "compromise" on Internet users rights that was rejected by the European Parliament in the Telecoms Package?

 In previous drafts of ACTA (Anti-Counterfeiting Trade Agreement), liability for ISPs in enforcing copyright on the Internet was clearly stated. In the latest leaked draft of 25 August 2010, it appears to have been deleted. At least the substantive text   requiring countries to implement a liability provision is  not there.

However, there has been quite a re-write of the substantive text regarding the Internet, and a closer look at it would indicate that liability remains there, it has just been a little bit obscured. Moreover, the new text in ACTA is  arguably  a reflection of

Read more: ACTA serves up a rejected Telecoms Package clause

When is a Camembert worth more than Cinderella? When it's in ACTA.

Will the French defence of their agricultural sector be the downfall of ACTA? Those French cannot resist defending their cheese  - not to mention their Champagne - and it seems that soft, runny dairy products and bubbly wines are ultimately rated higher on the Francophone IP scorecard  than their weakling film industry.

A report released by La Quadrature du Net suggests that the French will catalyse an EU  walk

Read more: French Camembert puts ACTA noses out of joint

In the  discussion about the liability of ISPs and whether and how ACTA provides for it, one clause that deserves to get the spotlight thrown more sharply onto it is   Article 2.5: "Provisional Measures".

This clause provides for a court to order the blocking of websites, and actions against ISPs on the application of the rights-holders.  In the UK, we have already had this debate, since there is a clause rather like this in the Digital Economy Act. ACTA would appear to taking from the DE Act.

The DE Act  clause  was

Read more: ACTA & web blocking - measuring the threat