ACTA confidentiality requirements revisited: Is the U.S. the key barrier?

After watching the Google DC debate on ACTA with its emphasis on the issue of transparency, it is worth revisiting the ACTA document spelling out confidentiality requirements among the negotiating countries. The document, which specifies the U.S. approach, discusses the confidentiality requirements associated with ACTA documents including marking the documents as "Confidential, Foreign Government Information, Modified Handling Authorized", very limited distribution, and secure storage. Sources have confirmed that this document was adopted by consensus among ACTA negotiating countries. Most notable is (or was) the U.S. plan for releasing ACTA information:

"The United States plans to hold ACTA documents in confidence for a fixed period of time after negotiations conclude."

This is important since it runs contrary to statements in other countries that favour disclosure of ACTA information before the negotiations conclude. If this remains the U.S. position, it suggests that the U.S. is a crucial barrier to earlier disclosure of ACTA information.

Michael Geist is a law professor and the Canada Research Chair in Internet and e-commerce law at the University of Ottawa.