WEBVTT 00:00:00.800 --> 00:00:04.933 Lets say that you´re the owner of some copyrighted material. 00:00:04.933 --> 00:00:08.267 Maybe its a movie, maybe its music of some kind 00:00:08.267 --> 00:00:10.918 and you observe that there is a site that is operating 00:00:10.918 --> 00:00:14.048 outside of the US and that side - at least in your mind - 00:00:14.333 --> 00:00:20.000 seems to be infringing on your copyright by US law. 00:00:20.000 --> 00:00:28.933 So this is the site - you think is doing illegal things at least by US standards. 00:00:28.933 --> 00:00:30.867 The Problem ist that theres nothing you can do - 00:00:30.867 --> 00:00:34.200 its operating outside of Us soil and outside the US laws. 00:00:34.200 --> 00:00:37.800 You can even go to the government, even if the government wanted to do something 00:00:37.800 --> 00:00:42.267 it really couldn´t. Because once again its outside US restrictions. 00:00:42.267 --> 00:00:45.800 The purpose of SOPA and it seems really banal at first 00:00:45.800 --> 00:00:49.600 is to give some tools to the actors to stop this. 00:00:49.600 --> 00:00:52.667 The Problem and we´ll see that its quite a large problem is, 00:00:52.667 --> 00:00:56.667 that it gives tools to these actors to do much more than to stop illegal activities. 00:00:56.667 --> 00:01:00.867 That allows essentially, to some degree -- kind of a witch hunt 00:01:00.867 --> 00:01:04.867 anyone that might have a wish of enabling this type of activity. 00:01:04.867 --> 00:01:07.867 There won´t even just be for foreign sites. 00:01:07.867 --> 00:01:10.200 So lets write this down, so SOPA stands for: 00:01:10.200 --> 00:01:12.533 Stop Online Piracy Act - 00:01:12.533 --> 00:01:14.200 that sounds pretty reasonable. 00:01:14.200 --> 00:01:17.600 And this is the version of the bill that comes from the house of representatives. 00:01:17.600 --> 00:01:20.133 The one from the senate is slightly different 00:01:20.133 --> 00:01:23.267 - but they have the same intent - its PIPA. 00:01:23.267 --> 00:01:26.067 And what it does is - you can´t go after these - 00:01:26.067 --> 00:01:30.467 this site itself maybe you can go after sites that is somehow benefiting this site. 00:01:30.467 --> 00:01:32.933 And those sites are inside the United States. 00:01:32.933 --> 00:01:36.400 So this is outside, this is inside the United States. 00:01:36.400 --> 00:01:39.600 So things that are doing that might incloud search engings. 00:01:39.600 --> 00:01:43.133 So search engings like Google or Bing. 00:01:43.133 --> 00:01:46.933 They obviously link to this site here. You might have ad networks - 00:01:46.933 --> 00:01:53.533 so sites that allow this site over here to display ads and to get revenue from them - 00:01:53.533 --> 00:01:55.867 that are benefting this site over here. 00:01:55.867 --> 00:01:58.733 You might have payment sites like PayPal 00:01:58.733 --> 00:02:04.133 or Creditcard processors that this site uses to collect revenue. 00:02:04.133 --> 00:02:09.600 And maybe most importantly you have things like the DNS servers within the US 00:02:09.600 --> 00:02:13.467 that associate this sites domain name with the actual servers. 00:02:13.467 --> 00:02:17.133 And I wont get to technically about that, but when you type in 00:02:17.133 --> 00:02:22.533 www.shady.foreign 00:02:22.533 --> 00:02:24.800 and once again we´re gonna see that this site might 00:02:24.800 --> 00:02:27.267 not even have to be shady or foreign 00:02:27.267 --> 00:02:29.200 but when you type something like that in - 00:02:29.200 --> 00:02:31.800 there´re servers in the United states that associate that with these servers 00:02:31.800 --> 00:02:38.067 that might be operated outsite the United States - that associate this text with a number 00:02:38.067 --> 00:02:42.867 that points to this website, that points to this website servers. 00:02:42.867 --> 00:02:44.800 So this are all things within the United States - 00:02:44.800 --> 00:02:47.667 that to some degreee this site is dependend on. 00:02:47.667 --> 00:02:51.800 So what SOPA does is, it allows these actors here - 00:02:51.800 --> 00:02:56.267 the ones that are obviously concerned with enforcing their copyrights - 00:02:56.267 --> 00:03:01.333 the issue court orders and notices to these actors right over here 00:03:01.333 --> 00:03:05.000 that essentially compels them, very strongly to immediately 00:03:05.000 --> 00:03:12.533 cut of thights with this illegal site - or what they thing is an illegal site. 00:03:12.533 --> 00:03:16.333 Now that might seem reasonable to you - exept for the fact that 00:03:16.333 --> 00:03:19.600 its kind of a shoot first and thing later type of policy. 00:03:19.600 --> 00:03:23.533 The basic way it works is, you presume guilt until this guy 00:03:23.533 --> 00:03:26.467 somehow tries to proof his innocence and we´ll see 00:03:26.467 --> 00:03:29.133 this guy isn´t naturally outside the US. 00:03:29.133 --> 00:03:31.667 It might even be completely legal and what I would consider 00:03:31.667 --> 00:03:34.667 completely legal sites inside the US. 00:03:34.667 --> 00:03:37.267 Essentially as soon as this allegation is made and either a court order 00:03:37.267 --> 00:03:42.000 or a notice is payed these enablers have to cut off tights to this site - 00:03:42.000 --> 00:03:45.467 and you can imagine these cut off thighs to this site 00:03:45.467 --> 00:03:48.800 - this sites´ business - whatever it might be - whether illegal or legal 00:03:48.800 --> 00:03:51.333 - immediatly gets obliterated, especially this one here 00:03:51.333 --> 00:03:53.200 including search engines, ad networks and payment. 00:03:53.200 --> 00:03:58.267 And if they don´t comply then these guys are going to start having illegal balast. 00:03:58.267 --> 00:04:02.067 So these guys are not going to have to comply and that by itself is hard 00:04:02.067 --> 00:04:04.800 but if they don´t comply, then they theirselfs are going to be in trouble. 00:04:04.800 --> 00:04:08.333 Now it gets really obviously creepy, when you start 00:04:08.333 --> 00:04:10.867 going into - so when you thing of this - you´re like 00:04:10.867 --> 00:04:13.667 okay, so maybe we can work arround this a little bit. 00:04:13.667 --> 00:04:16.800 But it gets creepy when you even know that this is the spirit of the legislation. 00:04:16.800 --> 00:04:19.067 Whe you actually read the wording of the legislation 00:04:19.067 --> 00:04:21.200 and obviously thats what matters - not the name or the intent. 00:04:21.200 --> 00:04:23.533 But actually how its worded. The way its worded 00:04:23.533 --> 00:04:27.600 - it´s pretty clear that its intent is to go after much more 00:04:27.600 --> 00:04:31.267 than a site that explicitly selling illegal pharmaceuticals or 00:04:31.267 --> 00:04:37.631 allowing people to download movies or, or videos or music 00:04:37.662 --> 00:04:40.425 that these owners don´t have access to. 00:04:40.425 --> 00:04:43.518 When you read the wording its pretty clear that they want to be able 00:04:43.564 --> 00:04:47.000 to shut down anything that isn´t in any way associating with itselfs - 00:04:47.000 --> 00:04:49.200 or in any way enabeling it. 00:04:49.200 --> 00:04:53.333 And you see it in the wording. So this is actually section 1.0.3 of the SOPA legislation 00:04:53.333 --> 00:04:59.267 - and this is how the definy a site that is dedicated to theft of US Property. 00:04:59.267 --> 00:05:01.933 So an internet site is dedicated to theft of US Property - 00:05:01.933 --> 00:05:03.333 So an internet site is dedicated to theft of US Property if - 00:05:03.333 --> 00:05:06.800 and so you know its useable by people in the United States - 00:05:06.800 --> 00:05:10.200 and this is interessting. It´s primary designed to operated for purpose of, 00:05:10.200 --> 00:05:12.200 has only limited purpose or use other than, 00:05:12.200 --> 00:05:14.800 or is marketed by its operater or another acting in concert 00:05:14.800 --> 00:05:18.133 with that operater for use in offering goods or services in a manner 00:05:18.133 --> 00:05:22.867 that engages in, enables or facilitates - now that is interesting - 00:05:22.867 --> 00:05:26.800 enables or facilitates all of these violations. 00:05:26.800 --> 00:05:29.333 And these are the violations that would be illegal: 00:05:29.333 --> 00:05:31.333 You´re selling things that you can´t sell, 00:05:31.333 --> 00:05:34.200 you´re infringing on other people´s copyright. 00:05:34.200 --> 00:05:38.533 And it might seem harmless, this enables or facilitates until you thing about 00:05:38.533 --> 00:05:40.600 what that could encapsulate. 00:05:40.600 --> 00:05:44.200 If I have a site, like this, I´am part of a site : Khan academy 00:05:44.200 --> 00:05:46.600 Let´s say someone puts a message on Khan Academy 00:05:46.600 --> 00:05:53.267 and from Khan Academy they link to a site that actually is really illegal 00:05:53.267 --> 00:05:56.815 and that is really shady and they link to it in the message words. 00:05:56.831 --> 00:06:01.000 Well under this am I enabling, as Khan Academy enabling or facilitating - 00:06:01.000 --> 00:06:04.667 and if thats the case the Khan Academy - by this definition - 00:06:04.667 --> 00:06:08.702 would be concidered to be a site that is dedicated to theft of US properties. 00:06:08.810 --> 00:06:12.400 And there are much bigger players, than is Khan Academy, 00:06:12.400 --> 00:06:16.067 that can be thrown into this bucket, like Youtube or Vimeo or any site. 00:06:16.067 --> 00:06:19.800 Or even a news site, that allows people to comments, 00:06:19.800 --> 00:06:22.338 or allows people ot put images things like Flickr. 00:06:22.338 --> 00:06:26.800 That maybe had - in some way - their users infringing on the copyright 00:06:26.800 --> 00:06:30.400 now all the sudden the whole site - based on this definition - the enire site 00:06:30.400 --> 00:06:34.800 can be definded dedicated to theft of US property. 00:06:34.800 --> 00:06:38.533 By this definiton Youtube could be that, if its viewed in kind of 00:06:38.533 --> 00:06:41.267 you´re enabeling or facilitating. 00:06:41.267 --> 00:06:43.667 Khan Academy, any news site could be viewed like that. 00:06:43.667 --> 00:06:45.200 Vimeo could be viewed that way, 00:06:45.200 --> 00:06:47.067 a photosharing site could be viewed like that. 00:06:47.067 --> 00:06:49.267 People might take a photo or something that they don´t have the copyright 00:06:49.267 --> 00:06:52.000 and upload an image and all the sudden - by this definition - 00:06:52.000 --> 00:06:57.133 based on just a sense thats beeing violated, 00:06:57.133 --> 00:07:00.467 they won´t just be able to shut down the illegal sites. 00:07:00.467 --> 00:07:03.600 They would be able to shut down things like Youtube, or Vimeo 00:07:03.600 --> 00:07:08.200 or even things like CNN.com, if someone puts some message 00:07:08.200 --> 00:07:11.533 or an image, that they think is somehow violating. 00:07:11.533 --> 00:07:14.333 And so ist not just going - right now the methodology is 00:07:14.333 --> 00:07:17.600 if there is some content on Youtube or Vimeo or some other sites, 00:07:17.600 --> 00:07:20.533 that they feel is infringing on their copyrights - 00:07:20.533 --> 00:07:22.800 there are laws, where they contact Youtube directly, 00:07:22.800 --> 00:07:25.267 they point them to the content, that seems to be infringing 00:07:25.267 --> 00:07:30.067 and Youtube or Vimeo or who ever will take down that content. 00:07:30.067 --> 00:07:32.667 But what this allows them to do is shoot first and think later. 00:07:32.667 --> 00:07:35.000 Oh, look: You´re enabling that, if they could some court 00:07:35.000 --> 00:07:39.733 to give a court order, they can start giving notice to these players over here 00:07:39.733 --> 00:07:44.200 to cut off ties with major - what I would consider very legal sites - 00:07:44.200 --> 00:07:46.841 like Youtube or Vimeo or CNN. 00:07:46.841 --> 00:07:49.633 It´s really almost any site that allows people to upload things 00:07:49.633 --> 00:07:55.267 or put links on it, which is almost - Facebook is another one - 00:07:55.267 --> 00:07:59.200 anything that has user generated content. 00:07:59.200 --> 00:08:02.000 On just a whim they could take down the entire site - 00:08:02.000 --> 00:08:03.800 not just take down that user generated content - 00:08:03.800 --> 00:08:08.133 they could, on just convincing one judge, or convincing any of these, 00:08:08.133 --> 00:08:10.133 they could cut off ties with Facebook. 00:08:10.133 --> 00:08:13.733 Not even making Facebook. com pointing to Facebook anymore. 00:08:13.733 --> 00:08:17.333 CNN - they could just completly take down these sites on a whim. 00:08:17.333 --> 00:08:19.533 And it gets worse than that, because you would say 00:08:19.533 --> 00:08:21.467 well if they can take this down on a whim and you know 00:08:21.467 --> 00:08:23.600 maybe they kind of thought it was, but they didn´t do homework 00:08:23.600 --> 00:08:26.133 and then they realize that it wasn´t copyright infringement. 00:08:26.133 --> 00:08:29.800 Couldn´t these guys sue back, although the damage would have been down, 00:08:29.800 --> 00:08:31.431 these sites would have been taken down. 00:08:31.431 --> 00:08:33.400 They would have lost millions or billions of dollars. 00:08:33.400 --> 00:08:37.113 Millions or tenth or hundreds of users would not be able to access these things 00:08:37.113 --> 00:08:39.052 and this would also be true for wikipedia 00:08:39.052 --> 00:08:43.533 if someone uploaded something that wasn´t completly, 100 % verdict. 00:08:43.533 --> 00:08:48.867 They could take down the entire site, not just that content. 00:08:48.867 --> 00:08:50.421 And you say: Okay, thats bad enough! 00:08:50.421 --> 00:08:53.667 But couldn´t these people say: Hey, look you´re wrongfully took us down 00:08:53.667 --> 00:08:56.467 we´re going to sue you now. Well to see that they can´t and 00:08:56.467 --> 00:08:59.600 to see how onesided this legislation is notice: 00:08:59.600 --> 00:09:03.267 The threshold for beeing able to sued back, if you kind of 00:09:03.267 --> 00:09:07.333 misrepresented a violation - the only way you´re kind of held 00:09:07.333 --> 00:09:12.133 accoutable is if you´re knowingly materially misrepresented the violation. 00:09:12.133 --> 00:09:16.600 So, if the copyright holder says: Oh, I think someone on Youtube 00:09:16.600 --> 00:09:19.867 - I feel pretty good that someone on Youtube is violating 00:09:19.867 --> 00:09:22.533 and that Youtube is enabling a violation and therefore Youtube 00:09:22.533 --> 00:09:26.600 is a site dedicated to theft of US Propertie and it later on 00:09:26.600 --> 00:09:30.333 it finds out that it wasn´t, it was fair used or maybe that person 00:09:30.333 --> 00:09:32.133 actually did have the copyright to it. 00:09:32.133 --> 00:09:34.200 They can´t be sued, because they said: Oh, I just thought it was. 00:09:34.200 --> 00:09:39.933 They werent knowingly materially misrepresenting themselfs. 00:09:39.933 --> 00:09:43.800 So even if it ends up, not even beeing a violation, these guys 00:09:43.800 --> 00:09:46.267 could take the site down. Maybe some small producers actually 00:09:46.267 --> 00:09:49.133 secured the rights, put it up on Youtube and them, 00:09:49.133 --> 00:09:52.200 all the sudden these guys take down all of Youtube based on 00:09:52.200 --> 00:09:54.867 not actually knowing what they are talking about. 00:09:54.867 --> 00:09:59.133 And they can´t even be a counter sued in that case, based on the law. 00:09:59.133 --> 00:10:02.533 And it gets even creepier than that, because to be concidered this 00:10:02.533 --> 00:10:06.200 you don´t even just enable or facilitate - which is almost anything- 00:10:06.200 --> 00:10:09.667 one could argue a computer is enabling or facilitating this on some level. 00:10:09.667 --> 00:10:15.867 But you are concidered to be site, dedicated to theft of US property. 00:10:15.867 --> 00:10:18.800 Even if you do nothing illegal, even if you don´t enable anything illegal - 00:10:18.800 --> 00:10:24.333 but if you just take actions that make it difficult for authorities to confirm 00:10:24.333 --> 00:10:28.333 that you´re doing something illegal. So if you view this in the physical world: 00:10:28.333 --> 00:10:31.800 Obvioulsy some people are doing illegal things in their homes 00:10:31.800 --> 00:10:35.733 and obviously some people lock their door to keep people out of their homes. 00:10:35.733 --> 00:10:38.333 And maybe people are doing illegal things, it would even be 00:10:38.333 --> 00:10:40.769 more likely to look their doors and close their shutters. 00:10:40.769 --> 00:10:43.733 What this would do and this would do in the virtual sense, 00:10:43.733 --> 00:10:48.467 is that say: Look! Just by taking the action of closing your shutters 00:10:48.467 --> 00:10:51.067 and looking your doors. Which makes it hard for federal agents to confirm 00:10:51.067 --> 00:10:56.800 that you´re doing illegal things - just by doing that - that itself is an illegal act. 00:10:56.800 --> 00:11:01.333 This is maybe one of the creepiest and draconian Intrusions of privacy, 00:11:01.333 --> 00:11:03.533 that I have actually heard of - 00:11:03.533 --> 00:11:06.000 that was even attempted to be passed into law. 00:11:06.000 --> 99:59:59.999 So if I where you - just as a privacy and liberty loving American - I´d be worried.