WEBVTT 99:59:59.999 --> 99:59:59.999 Lets say that you´re the owner of some copyrighted material. 99:59:59.999 --> 99:59:59.999 Maybe its a movie, maybe its music of some kind 99:59:59.999 --> 99:59:59.999 and you observe that there is a site that is operating 99:59:59.999 --> 99:59:59.999 outside of the US and that side - at least in your mind - 99:59:59.999 --> 99:59:59.999 seems to be infringing on your copyright by US law 99:59:59.999 --> 99:59:59.999 so this is the site - you think is doing illegal at least by US standards. 99:59:59.999 --> 99:59:59.999 The Problem ist that theres nothing you can do - 99:59:59.999 --> 99:59:59.999 its operating outside of Us soil and outside the US laws. 99:59:59.999 --> 99:59:59.999 You can even go to the government, even if the government wanted to do something 99:59:59.999 --> 99:59:59.999 it really couldn´t. Because once again its outside US restrictions. 99:59:59.999 --> 99:59:59.999 The purpose of SOPA and it seems really banal at first 99:59:59.999 --> 99:59:59.999 is to give some tools to the actors to stop this. 99:59:59.999 --> 99:59:59.999 The Problem and we´ll see that its quite a large problem is, 99:59:59.999 --> 99:59:59.999 that it gives tools to these actors to do much more than to stop illegal activities. 99:59:59.999 --> 99:59:59.999 That allows essentially, to some degree -- kind of a witch hunt 99:59:59.999 --> 99:59:59.999 anyone that might have a wish of enabling this type of activity. 99:59:59.999 --> 99:59:59.999 There won´t even just be for foreign sites. 99:59:59.999 --> 99:59:59.999 So lets write this down, so SOPA stands for: 99:59:59.999 --> 99:59:59.999 Stop Online Piracy Act - 99:59:59.999 --> 99:59:59.999 that sounds pretty reasonable. 99:59:59.999 --> 99:59:59.999 And this is the version of the bill that comes from the house of representatives. 99:59:59.999 --> 99:59:59.999 The one from the senate is slightly different 99:59:59.999 --> 99:59:59.999 - but they have the same intent - its PIPA. 99:59:59.999 --> 99:59:59.999 And what it does is - you can´t go after these - 99:59:59.999 --> 99:59:59.999 this site itself maybe you can go after sites that is somehow benefiting this site. 99:59:59.999 --> 99:59:59.999 And those sites are inside the United States. 99:59:59.999 --> 99:59:59.999 So this is outside, this is inside the United States. 99:59:59.999 --> 99:59:59.999 So things that are doing that might incloud search engings. 99:59:59.999 --> 99:59:59.999 So search engings like Google or Bing. 99:59:59.999 --> 99:59:59.999 They obviously link to this site here. You might have ad networks - 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 - 99:59:59.999 --> 99:59:59.999 that are benefting this site over here. 99:59:59.999 --> 99:59:59.999 You might have payment sites like PayPal 99:59:59.999 --> 99:59:59.999 or Creditcard processors that this site uses to collect revenue. 99:59:59.999 --> 99:59:59.999 And maybe most importantly you have things like the DNS servers within the US 99:59:59.999 --> 99:59:59.999 that associate this sites domain name with the actuall servers. 99:59:59.999 --> 99:59:59.999 And I wont get to technically about that, but when you type in 99:59:59.999 --> 99:59:59.999 www.shady.foreign 99:59:59.999 --> 99:59:59.999 and once again we´re gonna see that this site might 99:59:59.999 --> 99:59:59.999 not even have to be shady or foreign 99:59:59.999 --> 99:59:59.999 but when you type something like that in - 99:59:59.999 --> 99:59:59.999 there´re servers in the United states that associate that with these servers 99:59:59.999 --> 99:59:59.999 that might be operated outsite the United States - that associate this text with a number 99:59:59.999 --> 99:59:59.999 that points to this website, that points to this website servers. 99:59:59.999 --> 99:59:59.999 So this are all things within the United States - 99:59:59.999 --> 99:59:59.999 that to some degreee this site is dependend on. 99:59:59.999 --> 99:59:59.999 So what SOPA does is, it allows these actors here - 99:59:59.999 --> 99:59:59.999 the ones that are obviously concerned with enforcing their copyrights - 99:59:59.999 --> 99:59:59.999 the issue court orders and notices to these actors right over here 99:59:59.999 --> 99:59:59.999 that essentially compels them, very strongly to immediately 99:59:59.999 --> 99:59:59.999 cut of thights with this illegal site - or what they thing is an illegal site 99:59:59.999 --> 99:59:59.999 Now that might seem reasonable to you - exept for the fact that 99:59:59.999 --> 99:59:59.999 its kind of a shoot first and thing later type of policy 99:59:59.999 --> 99:59:59.999 The basic way it works is, you presume guilt until this guy 99:59:59.999 --> 99:59:59.999 somehow to proof his innocence and we´ll see 99:59:59.999 --> 99:59:59.999 this guy isn´t naturally outside the US. 99:59:59.999 --> 99:59:59.999 It might even be completely legal and what I would consider 99:59:59.999 --> 99:59:59.999 completely legal sites inside the US. 99:59:59.999 --> 99:59:59.999 Essentially as soon as this allegation is made and either a court order 99:59:59.999 --> 99:59:59.999 or a notice is payed these enablers have to cut off tights to this site - 99:59:59.999 --> 99:59:59.999 and you can imagine these cut off thighs to this site 99:59:59.999 --> 99:59:59.999 - this sites´ business - whatever it might be - whether illegal or legal 99:59:59.999 --> 99:59:59.999 - immediatly gets obliterated, especially this one here 99:59:59.999 --> 99:59:59.999 including search engines, Ad networks and payment. 99:59:59.999 --> 99:59:59.999 And if they don´t comply then these guys are going to start having illegal balast. 99:59:59.999 --> 99:59:59.999 So these guys are not going to have to comply and that by itself is hard 99:59:59.999 --> 99:59:59.999 but if they don´t comply, then theirselfs are going to be in trouble. 99:59:59.999 --> 99:59:59.999 Now it gets really obviously creepy, when you start 99:59:59.999 --> 99:59:59.999 going into - so when you thing of this - you´re like 99:59:59.999 --> 99:59:59.999 okay, so maybe we can work arround this a little bit. 99:59:59.999 --> 99:59:59.999 But it gets creepy when you even know that this is the spirit of the legislation. 99:59:59.999 --> 99:59:59.999 Whe you actually read the wording of the legislation 99:59:59.999 --> 99:59:59.999 and obviously thats what matters - not the name or the intent. 99:59:59.999 --> 99:59:59.999 But actually how its worded. The way its worded 99:59:59.999 --> 99:59:59.999 - it´s pretty clear that its intent is to go after much more 99:59:59.999 --> 99:59:59.999 than a site that explicitly selling illegal pharmaceuticals or 99:59:59.999 --> 99:59:59.999 allowing people to download movies or, or videos or music 99:59:59.999 --> 99:59:59.999 that these owners don´t have access to. 99:59:59.999 --> 99:59:59.999 When you read the wording its pretty clear that they want to be able 99:59:59.999 --> 99:59:59.999 to shut down anything that isn´t in any way associating with itselfs - 99:59:59.999 --> 99:59:59.999 or in any way enabeling it. 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 99:59:59.999 --> 99:59:59.999 - and this is how the definy a site that is dedicated to theft of US Property. 99:59:59.999 --> 99:59:59.999 So an internet site is dedicated to theft of US Property - 99:59:59.999 --> 99:59:59.999 So an internet site is dedicated to theft of US Property if - 99:59:59.999 --> 99:59:59.999 and so you know its useable by people in the United States - 99:59:59.999 --> 99:59:59.999 and this is interessting. It´s primary designed to operated for purpose of, 99:59:59.999 --> 99:59:59.999 has only limited purpose or use other than, 99:59:59.999 --> 99:59:59.999 or is marketed by its operater or another acting in concert 99:59:59.999 --> 99:59:59.999 with that operater for use in offering goods or services 99:59:59.999 --> 99:59:59.999 that engages in, enables or facilitates - now that is interesting - 99:59:59.999 --> 99:59:59.999 enables or facilitates all of these violations. 99:59:59.999 --> 99:59:59.999 And these are the violations that would be illegal: 99:59:59.999 --> 99:59:59.999 You´re selling things that you can´t sell, 99:59:59.999 --> 99:59:59.999 you´re infringing on other people´s copyright. 99:59:59.999 --> 99:59:59.999 And it might seem harmless, this enables or facilitates until you thing about 99:59:59.999 --> 99:59:59.999 what that could encapsulate. 99:59:59.999 --> 99:59:59.999 If I have a site, like this, I´am part of a site : Khan academy 99:59:59.999 --> 99:59:59.999 Let´s say someone puts a message on Khan Academy 99:59:59.999 --> 99:59:59.999 and from Khan Academy they link to a site that actually is really illegal 99:59:59.999 --> 99:59:59.999 and that is really shady and they link to it in the message words. 99:59:59.999 --> 99:59:59.999 Well under this am I enabling, as Khan Academy enabling or facilitating - 99:59:59.999 --> 99:59:59.999 and if thats the case the Khan Academy - by this definition - 99:59:59.999 --> 99:59:59.999 would be concidered to be a site that is dedicated to theft of US properties. 99:59:59.999 --> 99:59:59.999 And there are much bigger players, than is Khan Academy, 99:59:59.999 --> 99:59:59.999 that can be thrown into this bucket, like Youtube or Vimeo or any site. 99:59:59.999 --> 99:59:59.999 Or even a news site, that allows people to comments, 99:59:59.999 --> 99:59:59.999 or allows people ot put images things like Flickr. 99:59:59.999 --> 99:59:59.999 That maybe had - in some way - their users infringing on the copyright 99:59:59.999 --> 99:59:59.999 now all the sudden the whole site - based on this definition - the enire site 99:59:59.999 --> 99:59:59.999 can be definded dedicated to theft of US property. 99:59:59.999 --> 99:59:59.999 By this definiton Youtube could be that, if its viewed in kind of 99:59:59.999 --> 99:59:59.999 you´re enabeling or facilitating. 99:59:59.999 --> 99:59:59.999 Khan Academy, any news site could be viewed like that. 99:59:59.999 --> 99:59:59.999 Vimeo could be viewed that way, 99:59:59.999 --> 99:59:59.999 a photosharing site could be viewed like that. 99:59:59.999 --> 99:59:59.999 People might take a photo or something that they don´t have the copyright 99:59:59.999 --> 99:59:59.999 and upload an image and all the sudden - by this definition - 99:59:59.999 --> 99:59:59.999 based on just a sense thats beeing violated, 99:59:59.999 --> 99:59:59.999 they won´t just be able to shut down the illegal sites. 99:59:59.999 --> 99:59:59.999 They would be able to shut down things like Youtube, or Vimeo 99:59:59.999 --> 99:59:59.999 or even things like CNN.com, if someone puts some message 99:59:59.999 --> 99:59:59.999 or an image, that they thing is somehow violating. 99:59:59.999 --> 99:59:59.999 And so ist not just going - right now the methodology is 99:59:59.999 --> 99:59:59.999 if there is some content on Youtube or Vimeo or some other sites, 99:59:59.999 --> 99:59:59.999 that they feel is infringing on their copyrights - 99:59:59.999 --> 99:59:59.999 there are laws, where they contact Youtube directly, 99:59:59.999 --> 99:59:59.999 they point them to the content, that seems to be infringing 99:59:59.999 --> 99:59:59.999 and Youtube or Vimeo or who ever will take down that content. 99:59:59.999 --> 99:59:59.999 But what this allows them to do is shoot first and thing later. 99:59:59.999 --> 99:59:59.999 Oh, look: You´re enabling that, if they could some court 99:59:59.999 --> 99:59:59.999 to give a court order, X can start giving notice to these players over here 99:59:59.999 --> 99:59:59.999 to cut of thights wiht major - what I would concider very legal sites - 99:59:59.999 --> 99:59:59.999 like Youtube or Vimeo or CNN. 99:59:59.999 --> 99:59:59.999 It´s really almost any site that allows people to upload things 99:59:59.999 --> 99:59:59.999 or put links on it, which is almost - Facebook is another one - 99:59:59.999 --> 99:59:59.999 anything that has user generated content. 99:59:59.999 --> 99:59:59.999 On just a whim they could take down the entire site - 99:59:59.999 --> 99:59:59.999 not just take down that user generated content - 99:59:59.999 --> 99:59:59.999 they could, on just convincing one judge, or convincing any of these, 99:59:59.999 --> 99:59:59.999 they could cut of thights wiht Facebook. 99:59:59.999 --> 99:59:59.999 Not even making Facebook that - you can´t even point to Facebook anymore. 99:59:59.999 --> 99:59:59.999 CNN - they could just completly take down these sites on a whim. 99:59:59.999 --> 99:59:59.999 And it gets worse than that, because you would say 99:59:59.999 --> 99:59:59.999 well if they can take this down on a whim and you know 99:59:59.999 --> 99:59:59.999 maybe they kind of thought it was, but they didn´t do homework 99:59:59.999 --> 99:59:59.999 and then they realize that it wasn´t copyright infringement. 99:59:59.999 --> 99:59:59.999 Couldn´t these guys sue back, although the damage would have been down, 99:59:59.999 --> 99:59:59.999 these sites would have been taken down, 99:59:59.999 --> 99:59:59.999 it would have lost millions or billions of dollars. 99:59:59.999 --> 99:59:59.999 Millions or tenth or hundreds of users would not be able to access these things 99:59:59.999 --> 99:59:59.999 and this would also be true for wikipedia 99:59:59.999 --> 99:59:59.999 if someone uploaded something that wasn´t completly, 100 % verdict. 99:59:59.999 --> 99:59:59.999 They could take down the entire site, not just that content. 99:59:59.999 --> 99:59:59.999 And you say: Okay, thats bad enough! 99:59:59.999 --> 99:59:59.999 But couldn´t these people say: Hey, look you´re wrongfully took us down 99:59:59.999 --> 99:59:59.999 we´re going to sue you now. Well to see that they can´t and 99:59:59.999 --> 99:59:59.999 to see how onesided this legislation is notice: 99:59:59.999 --> 99:59:59.999 The threshold for beeing able to sued back, if you kind of 99:59:59.999 --> 99:59:59.999 misrepresented a violation - the only way you´re kind of held 99:59:59.999 --> 99:59:59.999 accoutable is if you´re knowingly materially misrepresented the violation. 99:59:59.999 --> 99:59:59.999 So, if the copyright holder says: Oh, I think someone on Youtube 99:59:59.999 --> 99:59:59.999 - I feel pretty good that someone on Youtube is violenting 99:59:59.999 --> 99:59:59.999 and that Youtube is enabling a violation and therefore Youtube 99:59:59.999 --> 99:59:59.999 is a site dedicated to theft of US Propertie and it later on 99:59:59.999 --> 99:59:59.999 it finds out that it wasn´t, it was fair used or maybe that person 99:59:59.999 --> 99:59:59.999 actually did have the copyright to it. 99:59:59.999 --> 99:59:59.999 They can´t be sued, because they said: Oh, I just thought it was. 99:59:59.999 --> 99:59:59.999 They werent knowingly materially misrepresenting themselfs. 99:59:59.999 --> 99:59:59.999 So even if it ends up, not even beeing a violation, these guys 99:59:59.999 --> 99:59:59.999 could take the site down. Maybe some small producers actually 99:59:59.999 --> 99:59:59.999 secured the rights, put it up on Youtube and them 99:59:59.999 --> 99:59:59.999 ,all the sudden these guys take down all of Youtube based on 99:59:59.999 --> 99:59:59.999 not actually knowing what they are talking about. 99:59:59.999 --> 99:59:59.999 And they can´t even be a counter sued in that case, based on the law. 99:59:59.999 --> 99:59:59.999 And it gets even creepier than that, because to be concidered this 99:59:59.999 --> 99:59:59.999 you don´t even just enable or facilitate - which is almost everything - 99:59:59.999 --> 99:59:59.999 one could argue a computer is enabling or facilitating this on some level. 99:59:59.999 --> 99:59:59.999 But you are concidered to be site, dedicated to theft of US property. 99:59:59.999 --> 99:59:59.999 Even if you do nothing illegal, even if you don´t enable anything illegal - 99:59:59.999 --> 99:59:59.999 but if you just take actions that make it difficult for parties to confirm 99:59:59.999 --> 99:59:59.999 that you´re doing something illegal. So if you view this in the physical world: 99:59:59.999 --> 99:59:59.999 Obvioulsy some people are doing illegal things in their homes 99:59:59.999 --> 99:59:59.999 and obviously some people lock their door to keep people out of their homes. 99:59:59.999 --> 99:59:59.999 And maybe people are doing illegal things, it would even be 99:59:59.999 --> 99:59:59.999 more likely to look their doors and close their shutters. 99:59:59.999 --> 99:59:59.999 What this would do and this would do in the virtual sense, 99:59:59.999 --> 99:59:59.999 is that say: Look! Just by taking the action of closing your shutters 99:59:59.999 --> 99:59:59.999 and looking your doors. Which makes it hard for federal agents to confirm 99:59:59.999 --> 99:59:59.999 that you´re doing illegal things - just by doing that - that itself is an illegal act. 99:59:59.999 --> 99:59:59.999 This is maybe one of the creepiest and draconian Intrusions of privacy, 99:59:59.999 --> 99:59:59.999 that I have actually heard of - 99:59:59.999 --> 99:59:59.999 that was even attempted to be passed into law. 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.