WIPO: Broadcast Treaty and Berserker proposals

When the king is killed a Berserker runs mad and kills everyone else. It seems as if the funeral SCCR meeting for the WIPO Broadcast Treaty started with a Berserker proposal by the Finnish chair. IP-Watch, known for nice unbiased semi-diplomatic translations of WIPO byzantinism puts it like this:

[Jukka Liedes] said there appears to be agreement to narrow the focus of the treaty, and expressed optimism about the outcome. If not, he signalled that he would be prepared to abandon the project after many years of leadership.

After slow or no move meetings and a soft landing finally radical change proposals. Of course delegations were not prepared and probably proposals extent their mandate. So the purpose of the move is understood: Liedes wants delegations to continue WIPO discussions and avoid the death of the project right now. For those NGOs which made a lot of fuzz about the broadcast treaty that could be beneficial. BCT became a strong fundraiser for lobbying activities and many emerging web-companies support NGO lobbying in Geneve. Another x years BCT negotiation round and on top of the debate the 1961 Rome Convention would vanish into thin air for free. Not to mention Brazil's attempts to turn WIPO into an IP-Unesco would gain even more support. Comments of the chair hint into that direction:

He noted that he is now also responsible for significant access to knowledge projects in Finland.

That is an elite joke. Access to knowledge, a phrase coined and made popular by Jamie Love's cptech who also presented a A2K treaty draft. Far away from the current BC Treaty proposal which does not even regulate fair dealing provisions.

But let's have a quick look at the non-paper:

Contracting Parties shall provide for adequate and effective legal protection against unauthorized
(i) decryption of an encrypted broadcast;
(ii) manufacture, importation, sale or any other act that makes available a device or system capable of decrypting an encrypted broadcast; and
(iii) removal or alteration of any electronic information relevant for the protection of the broadcasting organizations.

As we can easily observe the non-paper proposal is very premature.
ii) translates into a governmental permission/authorization for production and sale of decoder hardware. Note that "unauthorized" extends to ii)

So a hot draft with loopholes which would require more discussions. Delegations would find out by surprise the differences between crypto keys and crypto tools/methods. WIPO diplomats would continue to show leadership. I imagine future BCT negotiations would get 'webcasted'... who knows. What does WIPO like more than administering treaties? Discussions.