1 99:59:59,999 --> 99:59:59,999 Lets say that you´re the owner of some copyrighted material. 2 99:59:59,999 --> 99:59:59,999 Maybe its a movie, maybe its music of some kind 3 99:59:59,999 --> 99:59:59,999 and you observe that there is a site that is operating 4 99:59:59,999 --> 99:59:59,999 outside of the US and that side - at least in your mind - 5 99:59:59,999 --> 99:59:59,999 seems to be infringing on your copyright by US law 6 99:59:59,999 --> 99:59:59,999 so this is the site - you think is doing illegal at least by US standards. 7 99:59:59,999 --> 99:59:59,999 The Problem ist that theres nothing you can do - 8 99:59:59,999 --> 99:59:59,999 its operating outside of Us soil and outside the US laws. 9 99:59:59,999 --> 99:59:59,999 You can even go to the government, even if the government wanted to do something 10 99:59:59,999 --> 99:59:59,999 it really couldn´t. Because once again its outside US restrictions. 11 99:59:59,999 --> 99:59:59,999 The purpose of SOPA and it seems really banal at first 12 99:59:59,999 --> 99:59:59,999 is to give some tools to the actors to stop this. 13 99:59:59,999 --> 99:59:59,999 The Problem and we´ll see that its quite a large problem is, 14 99:59:59,999 --> 99:59:59,999 that it gives tools to these actors to do much more than to stop illegal activities. 15 99:59:59,999 --> 99:59:59,999 That allows essentially, to some degree -- kind of a witch hunt 16 99:59:59,999 --> 99:59:59,999 anyone that might have a wish of enabling this type of activity. 17 99:59:59,999 --> 99:59:59,999 There won´t even just be for foreign sites. 18 99:59:59,999 --> 99:59:59,999 So lets write this down, so SOPA stands for: 19 99:59:59,999 --> 99:59:59,999 Stop Online Piracy Act - 20 99:59:59,999 --> 99:59:59,999 that sounds pretty reasonable. 21 99:59:59,999 --> 99:59:59,999 And this is the version of the bill that comes from the house of representatives. 22 99:59:59,999 --> 99:59:59,999 The one from the senate is slightly different 23 99:59:59,999 --> 99:59:59,999 - but they have the same intent - its PIPA. 24 99:59:59,999 --> 99:59:59,999 And what it does is - you can´t go after these - 25 99:59:59,999 --> 99:59:59,999 this site itself maybe you can go after sites that is somehow benefiting this site. 26 99:59:59,999 --> 99:59:59,999 And those sites are inside the United States. 27 99:59:59,999 --> 99:59:59,999 So this is outside, this is inside the United States. 28 99:59:59,999 --> 99:59:59,999 So things that are doing that might incloud search engings. 29 99:59:59,999 --> 99:59:59,999 So search engings like Google or Bing. 30 99:59:59,999 --> 99:59:59,999 They obviously link to this site here. You might have ad networks - 31 99:59:59,999 --> 99:59:59,999 so sites that allow this site over here to display ads and to get revenue from them - 32 99:59:59,999 --> 99:59:59,999 that are benefting this site over here. 33 99:59:59,999 --> 99:59:59,999 You might have payment sites like PayPal 34 99:59:59,999 --> 99:59:59,999 or Creditcard processors that this site uses to collect revenue. 35 99:59:59,999 --> 99:59:59,999 And maybe most importantly you have things like the DNS servers within the US 36 99:59:59,999 --> 99:59:59,999 that associate this sites domain name with the actuall servers. 37 99:59:59,999 --> 99:59:59,999 And I wont get to technically about that, but when you type in 38 99:59:59,999 --> 99:59:59,999 www.shady.foreign 39 99:59:59,999 --> 99:59:59,999 and once again we´re gonna see that this site might 40 99:59:59,999 --> 99:59:59,999 not even have to be shady or foreign 41 99:59:59,999 --> 99:59:59,999 but when you type something like that in - 42 99:59:59,999 --> 99:59:59,999 there´re servers in the United states that associate that with these servers 43 99:59:59,999 --> 99:59:59,999 that might be operated outsite the United States - that associate this text with a number 44 99:59:59,999 --> 99:59:59,999 that points to this website, that points to this website servers. 45 99:59:59,999 --> 99:59:59,999 So this are all things within the United States - 46 99:59:59,999 --> 99:59:59,999 that to some degreee this site is dependend on. 47 99:59:59,999 --> 99:59:59,999 So what SOPA does is, it allows these actors here - 48 99:59:59,999 --> 99:59:59,999 the ones that are obviously concerned with enforcing their copyrights - 49 99:59:59,999 --> 99:59:59,999 the issue court orders and notices to these actors right over here 50 99:59:59,999 --> 99:59:59,999 that essentially compels them, very strongly to immediately 51 99:59:59,999 --> 99:59:59,999 cut of thights with this illegal site - or what they thing is an illegal site 52 99:59:59,999 --> 99:59:59,999 Now that might seem reasonable to you - exept for the fact that 53 99:59:59,999 --> 99:59:59,999 its kind of a shoot first and thing later type of policy 54 99:59:59,999 --> 99:59:59,999 The basic way it works is, you presume guilt until this guy 55 99:59:59,999 --> 99:59:59,999 somehow to proof his innocence and we´ll see 56 99:59:59,999 --> 99:59:59,999 this guy isn´t naturally outside the US. 57 99:59:59,999 --> 99:59:59,999 It might even be completely legal and what I would consider 58 99:59:59,999 --> 99:59:59,999 completely legal sites inside the US. 59 99:59:59,999 --> 99:59:59,999 Essentially as soon as this allegation is made and either a court order 60 99:59:59,999 --> 99:59:59,999 or a notice is payed these enablers have to cut off tights to this site - 61 99:59:59,999 --> 99:59:59,999 and you can imagine these cut off thighs to this site 62 99:59:59,999 --> 99:59:59,999 - this sites´ business - whatever it might be - whether illegal or legal 63 99:59:59,999 --> 99:59:59,999 - immediatly gets obliterated, especially this one here 64 99:59:59,999 --> 99:59:59,999 including search engines, Ad networks and payment. 65 99:59:59,999 --> 99:59:59,999 And if they don´t comply then these guys are going to start having illegal balast. 66 99:59:59,999 --> 99:59:59,999 So these guys are not going to have to comply and that by itself is hard 67 99:59:59,999 --> 99:59:59,999 but if they don´t comply, then theirselfs are going to be in trouble. 68 99:59:59,999 --> 99:59:59,999 Now it gets really obviously creepy, when you start 69 99:59:59,999 --> 99:59:59,999 going into - so when you thing of this - you´re like 70 99:59:59,999 --> 99:59:59,999 okay, so maybe we can work arround this a little bit. 71 99:59:59,999 --> 99:59:59,999 But it gets creepy when you even know that this is the spirit of the legislation. 72 99:59:59,999 --> 99:59:59,999 Whe you actually read the wording of the legislation 73 99:59:59,999 --> 99:59:59,999 and obviously thats what matters - not the name or the intent. 74 99:59:59,999 --> 99:59:59,999 But actually how its worded. The way its worded 75 99:59:59,999 --> 99:59:59,999 - it´s pretty clear that its intent is to go after much more 76 99:59:59,999 --> 99:59:59,999 than a site that explicitly selling illegal pharmaceuticals or 77 99:59:59,999 --> 99:59:59,999 allowing people to download movies or, or videos or music 78 99:59:59,999 --> 99:59:59,999 that these owners don´t have access to. 79 99:59:59,999 --> 99:59:59,999 When you read the wording its pretty clear that they want to be able 80 99:59:59,999 --> 99:59:59,999 to shut down anything that isn´t in any way associating with itselfs - 81 99:59:59,999 --> 99:59:59,999 or in any way enabeling it. 82 99:59:59,999 --> 99:59:59,999 And you see it in the wording. So this is actually section 1.0.3 of the SOPA legislation 83 99:59:59,999 --> 99:59:59,999 - and this is how the definy a site that is dedicated to theft of US Property. 84 99:59:59,999 --> 99:59:59,999 So an internet site is dedicated to theft of US Property - 85 99:59:59,999 --> 99:59:59,999 So an internet site is dedicated to theft of US Property if - 86 99:59:59,999 --> 99:59:59,999 and so you know its useable by people in the United States - 87 99:59:59,999 --> 99:59:59,999 and this is interessting. It´s primary designed to operated for purpose of, 88 99:59:59,999 --> 99:59:59,999 has only limited purpose or use other than, 89 99:59:59,999 --> 99:59:59,999 or is marketed by its operater or another acting in concert 90 99:59:59,999 --> 99:59:59,999 with that operater for use in offering goods or services 91 99:59:59,999 --> 99:59:59,999 that engages in, enables or facilitates - now that is interesting - 92 99:59:59,999 --> 99:59:59,999 enables or facilitates all of these violations. 93 99:59:59,999 --> 99:59:59,999 And these are the violations that would be illegal: 94 99:59:59,999 --> 99:59:59,999 You´re selling things that you can´t sell, 95 99:59:59,999 --> 99:59:59,999 you´re infringing on other people´s copyright. 96 99:59:59,999 --> 99:59:59,999 And it might seem harmless, this enables or facilitates until you thing about 97 99:59:59,999 --> 99:59:59,999 what that could encapsulate. 98 99:59:59,999 --> 99:59:59,999 If I have a site, like this, I´am part of a site : Khan academy 99 99:59:59,999 --> 99:59:59,999 Let´s say someone puts a message on Khan Academy 100 99:59:59,999 --> 99:59:59,999 and from Khan Academy they link to a site that actually is really illegal 101 99:59:59,999 --> 99:59:59,999 and that is really shady and they link to it in the message words. 102 99:59:59,999 --> 99:59:59,999 Well under this am I enabling, as Khan Academy enabling or facilitating - 103 99:59:59,999 --> 99:59:59,999 and if thats the case the Khan Academy - by this definition - 104 99:59:59,999 --> 99:59:59,999 would be concidered to be a site that is dedicated to theft of US properties. 105 99:59:59,999 --> 99:59:59,999 And there are much bigger players, than is Khan Academy, 106 99:59:59,999 --> 99:59:59,999 that can be thrown into this bucket, like Youtube or Vimeo or any site. 107 99:59:59,999 --> 99:59:59,999 Or even a news site, that allows people to comments, 108 99:59:59,999 --> 99:59:59,999 or allows people ot put images things like Flickr. 109 99:59:59,999 --> 99:59:59,999 That maybe had - in some way - their users infringing on the copyright 110 99:59:59,999 --> 99:59:59,999 now all the sudden the whole site - based on this definition - the enire site 111 99:59:59,999 --> 99:59:59,999 can be definded dedicated to theft of US property. 112 99:59:59,999 --> 99:59:59,999 By this definiton Youtube could be that, if its viewed in kind of 113 99:59:59,999 --> 99:59:59,999 you´re enabeling or facilitating. 114 99:59:59,999 --> 99:59:59,999 Khan Academy, any news site could be viewed like that. 115 99:59:59,999 --> 99:59:59,999 Vimeo could be viewed that way, 116 99:59:59,999 --> 99:59:59,999 a photosharing site could be viewed like that. 117 99:59:59,999 --> 99:59:59,999 People might take a photo or something that they don´t have the copyright 118 99:59:59,999 --> 99:59:59,999 and upload an image and all the sudden - by this definition - 119 99:59:59,999 --> 99:59:59,999 based on just a sense thats beeing violated, 120 99:59:59,999 --> 99:59:59,999 they won´t just be able to shut down the illegal sites. 121 99:59:59,999 --> 99:59:59,999 They would be able to shut down things like Youtube, or Vimeo 122 99:59:59,999 --> 99:59:59,999 or even things like CNN.com, if someone puts some message 123 99:59:59,999 --> 99:59:59,999 or an image, that they thing is somehow violating. 124 99:59:59,999 --> 99:59:59,999 And so ist not just going - right now the methodology is 125 99:59:59,999 --> 99:59:59,999 if there is some content on Youtube or Vimeo or some other sites, 126 99:59:59,999 --> 99:59:59,999 that they feel is infringing on their copyrights - 127 99:59:59,999 --> 99:59:59,999 there are laws, where they contact Youtube directly, 128 99:59:59,999 --> 99:59:59,999 they point them to the content, that seems to be infringing 129 99:59:59,999 --> 99:59:59,999 and Youtube or Vimeo or who ever will take down that content. 130 99:59:59,999 --> 99:59:59,999 But what this allows them to do is shoot first and thing later. 131 99:59:59,999 --> 99:59:59,999 Oh, look: You´re enabling that, if they could some court 132 99:59:59,999 --> 99:59:59,999 to give a court order, X can start giving notice to these players over here 133 99:59:59,999 --> 99:59:59,999 to cut of thights wiht major - what I would concider very legal sites - 134 99:59:59,999 --> 99:59:59,999 like Youtube or Vimeo or CNN. 135 99:59:59,999 --> 99:59:59,999 It´s really almost any site that allows people to upload things 136 99:59:59,999 --> 99:59:59,999 or put links on it, which is almost - Facebook is another one - 137 99:59:59,999 --> 99:59:59,999 anything that has user generated content. 138 99:59:59,999 --> 99:59:59,999 On just a whim they could take down the entire site - 139 99:59:59,999 --> 99:59:59,999 not just take down that user generated content - 140 99:59:59,999 --> 99:59:59,999 they could, on just convincing one judge, or convincing any of these, 141 99:59:59,999 --> 99:59:59,999 they could cut of thights wiht Facebook. 142 99:59:59,999 --> 99:59:59,999 Not even making Facebook that - you can´t even point to Facebook anymore. 143 99:59:59,999 --> 99:59:59,999 CNN - they could just completly take down these sites on a whim. 144 99:59:59,999 --> 99:59:59,999 And it gets worse than that, because you would say 145 99:59:59,999 --> 99:59:59,999 well if they can take this down on a whim and you know 146 99:59:59,999 --> 99:59:59,999 maybe they kind of thought it was, but they didn´t do homework 147 99:59:59,999 --> 99:59:59,999 and then they realize that it wasn´t copyright infringement. 148 99:59:59,999 --> 99:59:59,999 Couldn´t these guys sue back, although the damage would have been down, 149 99:59:59,999 --> 99:59:59,999 these sites would have been taken down, 150 99:59:59,999 --> 99:59:59,999 it would have lost millions or billions of dollars. 151 99:59:59,999 --> 99:59:59,999 Millions or tenth or hundreds of users would not be able to access these things 152 99:59:59,999 --> 99:59:59,999 and this would also be true for wikipedia 153 99:59:59,999 --> 99:59:59,999 if someone uploaded something that wasn´t completly, 100 % verdict. 154 99:59:59,999 --> 99:59:59,999 They could take down the entire site, not just that content. 155 99:59:59,999 --> 99:59:59,999 And you say: Okay, thats bad enough! 156 99:59:59,999 --> 99:59:59,999 But couldn´t these people say: Hey, look you´re wrongfully took us down 157 99:59:59,999 --> 99:59:59,999 we´re going to sue you now. Well to see that they can´t and 158 99:59:59,999 --> 99:59:59,999 to see how onesided this legislation is notice: 159 99:59:59,999 --> 99:59:59,999 The threshold for beeing able to sued back, if you kind of 160 99:59:59,999 --> 99:59:59,999 misrepresented a violation - the only way you´re kind of held 161 99:59:59,999 --> 99:59:59,999 accoutable is if you´re knowingly materially misrepresented the violation. 162 99:59:59,999 --> 99:59:59,999 So, if the copyright holder says: Oh, I think someone on Youtube 163 99:59:59,999 --> 99:59:59,999 - I feel pretty good that someone on Youtube is violenting 164 99:59:59,999 --> 99:59:59,999 and that Youtube is enabling a violation and therefore Youtube 165 99:59:59,999 --> 99:59:59,999 is a site dedicated to theft of US Propertie and it later on 166 99:59:59,999 --> 99:59:59,999 it finds out that it wasn´t, it was fair used or maybe that person 167 99:59:59,999 --> 99:59:59,999 actually did have the copyright to it. 168 99:59:59,999 --> 99:59:59,999 They can´t be sued, because they said: Oh, I just thought it was. 169 99:59:59,999 --> 99:59:59,999 They werent knowingly materially misrepresenting themselfs. 170 99:59:59,999 --> 99:59:59,999 So even if it ends up, not even beeing a violation, these guys 171 99:59:59,999 --> 99:59:59,999 could take the site down. Maybe some small producers actually 172 99:59:59,999 --> 99:59:59,999 secured the rights, put it up on Youtube and them 173 99:59:59,999 --> 99:59:59,999 ,all the sudden these guys take down all of Youtube based on 174 99:59:59,999 --> 99:59:59,999 not actually knowing what they are talking about. 175 99:59:59,999 --> 99:59:59,999 And they can´t even be a counter sued in that case, based on the law. 176 99:59:59,999 --> 99:59:59,999 And it gets even creepier than that, because to be concidered this 177 99:59:59,999 --> 99:59:59,999 you don´t even just enable or facilitate - which is almost everything - 178 99:59:59,999 --> 99:59:59,999 one could argue a computer is enabling or facilitating this on some level. 179 99:59:59,999 --> 99:59:59,999 But you are concidered to be site, dedicated to theft of US property. 180 99:59:59,999 --> 99:59:59,999 Even if you do nothing illegal, even if you don´t enable anything illegal - 181 99:59:59,999 --> 99:59:59,999 but if you just take actions that make it difficult for parties to confirm 182 99:59:59,999 --> 99:59:59,999 that you´re doing something illegal. So if you view this in the physical world: 183 99:59:59,999 --> 99:59:59,999 Obvioulsy some people are doing illegal things in their homes 184 99:59:59,999 --> 99:59:59,999 and obviously some people lock their door to keep people out of their homes. 185 99:59:59,999 --> 99:59:59,999 And maybe people are doing illegal things, it would even be 186 99:59:59,999 --> 99:59:59,999 more likely to look their doors and close their shutters. 187 99:59:59,999 --> 99:59:59,999 What this would do and this would do in the virtual sense, 188 99:59:59,999 --> 99:59:59,999 is that say: Look! Just by taking the action of closing your shutters 189 99:59:59,999 --> 99:59:59,999 and looking your doors. Which makes it hard for federal agents to confirm 190 99:59:59,999 --> 99:59:59,999 that you´re doing illegal things - just by doing that - that itself is an illegal act. 191 99:59:59,999 --> 99:59:59,999 This is maybe one of the creepiest and draconian Intrusions of privacy, 192 99:59:59,999 --> 99:59:59,999 that I have actually heard of - 193 99:59:59,999 --> 99:59:59,999 that was even attempted to be passed into law. 194 99:59:59,999 --> 99:59:59,999 So if I where you - just as a privacy and liberty loving American - I´d be worried.