The Berkman Center for Internet & Society At Harvard University ( 2011) 
Rethinking Music  A Briefing Book

Compiled   for the  Rethink Music Conference 25-27 April 2011 

"The Anti-Counterfeiting Trade Agreement (“ACTA”) — an international, multilateral intellectual property trade agreement — may require the United States to adopt graduated response regulations. Leaked early drafts drew criticism for explicitly requiring them. While the October 2010 final draft does not expressly mention a graduated response, it does contain broad language encouraging ISPs to use “fair and proportionate” remedies to enforce copyright laws. Some organizations argue that this language implies a graduated response requirement. "74 

74  See, e.g. Monica Horten, Final ACTA puts Europe under more pressure for graduated response,

IPTEGRITY.com (Oct. 6, 2010, 10:23 PM)