ACTA and the Specter of Graduated Response

20 Pages Posted: 1 Jun 2010 Last revised: 13 May 2014

See all articles by Annemarie Bridy

Annemarie Bridy

Google; Yale University - Yale Information Society Project; Stanford Law School Center for Internet and Society

Date Written: October 15, 2010


This article considers the evolution of ACTA’s “digital environment” provisions in the context of concerns raised early in the negotiations that the agreement would require signatories to mandate graduated response regimes for online copyright enforcement (à la France’s controversial HADOPI system). The Consolidated Text of ACTA released in October 2010, following the final round of negotiations in Japan, contains no provision mandating the adoption of graduated response. Such regimes are tacitly endorsed in the agreement, however, through language in the preamble and the digital environment provisions concerning the promotion of greater cooperation between rights owners and service providers. Moreover, opponents of graduated response should be wary of the fact that public law mechanisms — be they domestic or international — are not the only means by which graduated response can effectively become the law for Internet users. The United States and Ireland provide examples of the trend toward private ordering in the project of online copyright enforcement.

Keywords: ACTA, three strikes, graduated response, ISP, copyright enforcement, infringement, piracy, file-sharing, eircom

JEL Classification: K42, K39, L82, O34, O38, O33

Suggested Citation

Bridy, Annemarie, ACTA and the Specter of Graduated Response (October 15, 2010). American University International Law Review, Vol. 26, No. 3, pp. 558-577, Fall 2011, PIJIP Research Paper No. 2, Available at SSRN:

Annemarie Bridy (Contact Author)


25 Massachusetts Ave. NW #900
Washington, DC 20001
United States

Yale University - Yale Information Society Project

127 Wall Street
New Haven, CT 06511
United States


Stanford Law School Center for Internet and Society

Palo Alto, CA
United States


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