Reporters' Roundtable Ep. 107: What SOPA hath wrought
Reporters' Roundtable Ep. 107: What SOPA hath wrought
2012-01-23
hi everyone welcome to reporters
roundtable it's episode number 107 in
our normal spot on Friday at ten a.m.
hey what a week it has been it was such
a week we had to do a special emergency
show a couple of days ago on what was
happening with Sokka and all the site
blackouts but you know what that story
just will not die it is so interesting
what's happening in a the effects of the
SOPA and the PIPA backlash have been
epic and that's what we're talking about
today the house delayed the vote on
these bill's sponsors are ditching it
megaupload got taken offline a non has
gone nuclear and attacked government
sites and if you think these episodes
these news events are unrelated you're
wrong they're all tied together that's
what we're talking about today and I am
so excited about the show because this
is why we do the roundtable all the
experts who know this stuff are here
working with us at cnet and I've got
them all on the line with me right now
first in the studio Eleanor Mills
security reporter thanks Eleanor for
joining us via Skype again Declan
McCulloch our political correspondent
Thank You Declan for dialing in again
Declan you're muted apologize I'm back
now and now you wish I were no never
thank you for joining us and then we
have Greg Sandoval from a secret
undisclosed location somewhere deep in
the heart of New York City who covers
Hollywood in the media for us Greg thank
you for dialing in say that my
girlfriend's gonna stay where were you
anyway thank you guys in here Greg by
the way we achieved a an epic win here
at seen it he had three stories on the
front door of cnet com CNN news com this
morning which is unheard of
congratulations Greg thank you thank you
very much he he works I don't we work
him too hard anyway listen we have to
get into the news here first of all in
update on what's happening with the
protect IP act and SOPA and the site
takedowns the effect that those
takedowns are the self blockings have
happened so wiki wikipedia
craigslist other sites went dark Declan
what has the in brief if possible the
effect of those takedowns bin well I've
been saying all along that some version
of SOPA and how some version of protect
ipmi Senate is going to go forward even
if it's a modified watered-down version
and looks like I was wrong it's too
early to say the situation is still
really fluid but the protest is the
Wikipedia black out the google amazon
homepage statements that this this has
changed the political dynamic in
Washington has become much more a
Democrat back to Bill the Republicans
are vanishing in terms of their support
for it and this is this is stall what is
going to resume I don't know but for
right now the internet is one a
temporary victory now Greg what's so
interesting about this is that these
bills have been pushed by the content
industry by Hollywood by the folks that
you cover what has been the reaction in
your industry to this backlash against
these bills well they're like everybody
else everybody in DC everybody that's
ever watched politics or any length of
time they're stunned I was told from
September of 2010 that this bill in some
form was going to get past that's why
far bipartisan support the president was
behind it the vice president was behind
it they were going out thing online
piracy file-sharing we're comparing it
to smash and grab that all these guys
were telling me this is a slam dunk in
some form it was going and I mean we
have to realize what happened to yours
they were wrapped I mean am i over Oh am
I giving them too much credit here the
technology sector and what happened will
we saw this week they were killed this
grassroots effort came from nowhere and
push back all of the support and we saw
people dropping off left or right
lawmakers dropping off a lot left to
right so i think the mood in hollywood
is one of shock and absolutely i think
it says dismay they didn't know what
they were running into and they don't
know how they're going to react going
forward all right we'll come back to
that in a second we still gotta covers a
little bit more of the news here on on
this then megaupload was that
yesterday or the day before when that
was yesterday yesterday so megaupload
was shut down by the US government and
arrest warrants have been served and
around the around the world in New
Zealand I think to get the people who
run megaupload brought to justice their
jailed now tell us briefly fill us in on
that news and let's talk about how
that's related to this in a nutshell so
what happened with megaupload what is
megaupload and who took it down and why
megaupload is a cyber Walker very
popular cyber Walker were people
millions of people all over the world
the site was attracting nearly as much
traffic is comparable to you too so
people go there and they would store it
there video files mostly video files TV
shows movies and they would store them
in their cyber Walker's but twist here
is that they would also allow other
people to go in and view these movies
and these are unauthorized or pirated
copies the movie industry and the FBI
alleged so the man who runs it is one
most colorful characters we've seen a
long time namma the name of Kim calm
he's also used born kimmy schmitt the
German he wants it he says it's
legitimate he said he takes down pirated
materials when he notified by the
copyright owner which is what the DMCA
says the feds were buying at the brewing
industry has long complained to them
this guy's just you know it's a sham and
they've been asking the government to
come in there and do something about it
yes sir they did do you bring this home
but is the timing cannot be coincidental
yes no and I don't believe that either
tell me more really the President and I
was like here with declan things about
this to the president turn is back on
SOPA and PIPA after making all kinds of
support estate about loss anti-piracy
and he upset a lot of people my sources
in Hollywood say they're going to be
they're going to react they've been
donating money full decade to Democratic
candidates and campaigns and they're
going to turn off the spigot and I think
the president kind of helped save face
and maybe save some of those
relationships kind of prodded the FBI
and the Justice Department
move now they've been working on us from
what I was told about this is that there
were something happening with megaupload
Moscow and I think that they moved in
the wake of what was going on with sofa
that's my belief okay now we're going to
get into more details and all this stuff
but first we have to wrap out the week
with what happened in response to this
so first we have the very powerful
people on the internet who are running
big sites in protests taking down their
sites make them unavailable for 24 hours
in reaction to these bills then we have
a megaupload being taken offline by the
federal government which seems to be a
sort of in reaction to what's happening
with with the bills and then we have an
on getting throwing sending their flying
monkeys out over the internet and taking
down government sites Eleanor what
happened there yeah very swiftly after
the megaload megaupload news of the
indictments and arrest came out the
Twitter accounts of anonymous were just
going crazy and they were behind the
scenes just you know going into attack
mode and they went after you know when
after government sites DOJ was one of
the first I think to go and mpaa and
they had others in their sights and
throughout the afternoon and evening
they were sites were going offline a
music industry a movie industry and in
France to vivendi France a couple other
sites you know and it was sort of a
struggle that they were struggling to
keep him back up they'd go back up and
they'd go back down again so an on a
bunch of activists hackers loosely
connected managed to take down the DOJ
cited an idle service attack on the DOJ
yeah this cannot end well and that's the
last that's now we're up to date okay
that's what's happened so far as
everything he news this morning thats
related to this weenie feel about well
the only interesting tidbit is that they
they were very successful they had a lot
of you know a lot of activity and people
you know who were participating in the
dos attacks but it also turns out that
they were using a previously you had to
download a tool called the Loic
low-orbit ion cannon cannon and that
would allow you the
you knew you were going to participate
in the das attack well now they were
distributing links on Twitter that when
you click that and you you arrived at
the page instead of getting what you'd
think would be you know maybe a press
release from anonymous talking about
what they're doing you'd actually get to
a page where if you had JavaScript
enabled in your browser you would
automatically be participating in the
attack without even knowing it so they
were probably getting a lot of help from
unwitting you know computers people who
didn't know that they were participating
just by clicking on this link really
yeah so if that sounds like a virus that
and I know you could or drive by rather
exactly yeah I mean basically you're
clicking a link and you don't know
what's happening but your computer is uh
is attacking you know the DOJ okay so an
ons attack or reaction to the events of
this week both a technical and to some
extent a social success because in
addition to those bots izing of people's
computers there are also a lot of people
are obviously very much wanted to
participate in this attack so it's both
the technical and a social success and
it looks like from here that we now have
battle lines lining up a huge battle
being drawn between the people who are
opposed to a Content restriction
censorship and on one hand and maybe the
government on the other because they're
now getting attacked and they've got
these bills which are in trouble and of
course there's a lot of factions in the
government which are moving around and
changing sides and then we've got the
content industry who I don't know what's
who seemed to be the puppet masters is
that the way this is going what who are
the major contestants in this battle
declan then Greg if you look at the
amount of enthusiasm that the companies
and trade associations have spent on
this the top one is the motion picture
association of america the major movie
studios and then that's followed
probably by the recording industry
association of america then maybe
followed by the US Chamber of Commerce
but they've been kind of silent on this
they were very active in December but
after Republicans started at dropping
off or expressing concerns the Heritage
Foundation said this week this is the
iconic conservative think tank that if
you vote for sofa or protect IP they're
going to score that negatively against
you in their ranking of Congress that a
lot of conservatives pay attention to so
there's this is this is not entirely
being driven by a Hollywood but in terms
of who's really out there and saying we
really need this yet it's kind of them
on the other hand it's it's not just
internet companies the one website that
major website that went dark took its
content more or less offline unless
you're blocking JavaScript was wiki
pedia which is not a company it's the
wikimedia foundation it's a Wikipedia
zone users and active contributors voted
to say it to say we're going to do this
which is unprecedented in the US Greg
the the content industry Hollywood as
you said they feel they must be rocked
back on their on their fat leather
chairs or whatever it is or Eames chairs
a feeling routed as you said what do you
think the reaction is going to be now
the content industry of course has
blocked or tried to block in the past
other media types that enabled
individuals to share and distribute
content mostly in analog form and now
they're taking on digital what do they
do next now that apparently the there
the the the work they put into getting
the government basically to take their
what they wanted to do seriously and put
these bills out there now that that
didn't work what's next what's
distinguish between their attempts in
the past do you know take out VHS
whatever between our from piracy right
okay online piracy is just people taking
movies that they didn't pay for not
compensating the creators this is
something different as far as a question
about what they do now I don't think
anybody has any idea I think the first
thing they're going to do is kind of
gather up and see take a measure of how
much support they have left and then see
if they can find
some common grounds with the opposition
and fifth is anyway as they come out
with something that the value I've been
told my sources said if they're only
offered scraps there's the offer on the
table is only gonna be something that's
not really going to have stress the
problem that they would just forget
about it there's a dropping come back
again with something when they still
like to have more support but they felt
like they had support for this they had
the the democratic White House behind
them and even many Republican supporters
am I not correct on that and now though
that's why bipartisan support yeah so
and that was undone by the people they
say Google they were buying their
fingers everybody on that side on the
supporters according the fingers
including Rupert Murdoch at Google now
that's interesting amantha them yeah no
no there's no question but they say my
google house fan the flames they may be
pitches to other tech companies they
were donating both parties especially
the Republicans because they've been
soft their their accusations are that
Google is the one that's really
shoulders you know that's really
interesting cuz i remember when google
bought youtube and the it was a very it
was obvious that the content would be
valuable for google but it looked like
they were just buying a big bucket of
lawsuits because at the time that google
acquired youtube youtube was under a
massive assault from content industries
for pretty much exactly the same thing
we're talking about right now is that
right yeah yes and they want and they
want at least they won the first round
now i want to tie that into what's
happening a little bit with megaupload
right now when youtube was under assault
google and youtube and then google-owned
youtube under assault those were all
civil those were nobody was put in jail
for what youtube was alleged to be doing
why is megaupload being treated as a
criminal that's what megaupload attorney
asked me today why are they doing this
to our guys when you was able to have a
hearing in court s was in one court and
in our case he says they're showing up
with black jackets
on and guns out and knocking down doors
that's their question is how come it was
such a difference now there was never
any charges in the YouTube case of money
laundering or racketeering but this is
something different we're seeing
something that we're seeing the US
government test these piracy laws and
enforcing them overseas they're saying
megaupload was an American company
because it had its servers or under
American jurisdiction because it had its
servers and Virginia that's going to be
a test they're saying that these
copyright laws are violated as
international laws that support them are
some international laws I don't know all
the arguments yet but there's nothing
absolute about this case according to a
megaupload attorney this is something
they haven't done before and it's new
ground obviously declan in DC what is
their response been to or what is the
take on the megaupload criminal charges
it is is this because DOJ or whomever
got their nose bloodied with SOPA and
protect IP is that is this a tantrum
reaction or is this logical I think that
Greg is probably right in saying that
the timing is no coincidence so when you
have the administration wanting to show
that they're doing something this is the
response now in terms of the criminal
charges this is probably this probably
could be interpreted as an example of
why you have a very a very broad
copyright system it has a lot of power
given to the Department of Justice and
copyright holders and you have to trust
them to exercise it responsibly there's
a 1997 long called the no electronic
theft act that says that sharing movies
music whatever even with its with a
member of your family can be prosecuted
as a federal felony and that's the law
that was invoked here there's and one
other response to the Google point what
what the supporters of protect IP and
soap
have done I've tried to do is say this
is just Google Google's the company
behind opposition to it and that that's
why Lamar Smith had google only allowed
google and only Google to testify at the
hearing a few months ago and I'm until
google has some baggage it has the
YouTube cases google books and so it's
easy relatively easy for Republicans
Democrats to say Google doesn't really
believe in copyright law therefore let's
just say then therefore let's ignore
what they're saying about the soap and
protect IP in reality this is not Google
it's pretty much a lot of folks on the
internet diverse is a very few number of
people in Washington DC now the going
back to the nuclear issue here this has
been a week of big actions and big
bigger reactions and I don't think we're
done yet Eleanor the federal government
whose sites came under attack cannot sit
back and let a non walk all over their
sites this way what how is the gov
likely to react to this if in any way oh
there could be a rest I mean they
brought in arrests after other attacks
on you know Sony and other companies so
they're probably going to add you know
this information and try and go after
people who who organized or you know
coordinated this they can definitely
going back to DC here what's the what do
you hear from the from the White House
not a whole lot there's I wish that they
were more forthcoming this is a delicate
balancing act for President Obama and
the White House in general because what
they've been able to do historically at
least nobody has been able to do this in
a Republican side since bush in two
thousand what what they've been able to
do on the Democratic side is say is get
money from both Northern California
Silicon Valley in Southern California
Hollywood and now Obama's being put in a
position that he's going to have to
choose one or the other and there's
going to be some political consequences
no matter what he does that's not a
position he probably wants to be and
it'll be a lot better for him if this
bill just went a
way and so I think that's probably what
led to some pressure being put on
senator Reed to say okay let's not go
ahead of this floor vote maybe we can
find something else to do have a more
health care reform just kidding because
that's such a unifying issue all right
guys let's wrap it up here with what's
going to happen next week I mean this
week we had sites going offline we had
arrests in New Zealand we've had an
ongoing nuclear what do we have to look
forward to Eleanor I predict another day
to breach next week yeah okay I don't
know who or what and we may not it may
not surface to the news but there will
be actually more than one and a non
based data breach oh no ness I don't
think so necessarily I mean I think
they're doing a lot of political
political activity and protests but the
data breaches in general especially the
ones that stay under the radar are the
real criminals who are just trying to
siphon off your money mm-hmm so you
won't hear about it you won't know who
they are and eventually hopefully they'd
get arrest but that's not related to
this or that is related to this no okay
related to this cuz yeah we're going to
have another bright now that all the
everybody's busy looking at this story
it's a great time to be a criminal all
the cops are over here go to this 71
I'll go they'll go after a key
supporters they went after Christopher
Dodds website and could attack attack
sites of other people or even leak their
information by the way just as a site on
here before we do wrap up by Senator
Dodd the mpaa chairman sent out a
statement saying we applaud those
leaders in Washington have chosen to
stand with the millions of hardworking
Americans all across this nation whose
livelihoods are threatened by foreign
criminal workers the designed to steal
uh declan I take it you've seen this
statement it seems a little tone deaf to
me or my am I miss reading it did he hit
the right and tone on his note in
reaction to what's happened with the
product IP and so politely I think that
that you're probably right that it is a
bit tone-deaf talking about this is just
criminal operations that phrase appeared
in a statement it's not just criminal
operations I mean you saw how the
department homeland security sees in New
York music blog event said whoopsie a
year later after
domains been offline for a year and
returned to jazz to its rightful owners
and what's really happening here is in
the last ten years or so a Hollywood has
pretty much gotten its way when it comes
to copyright law with with one exception
when they propose something they Lobby
it well they do the right briefings
maybe some members of Congress will be
invited to gala dinners with Richard
Gere that was the mpaa gala dinner with
Richard Gere maybe Lamar Smith author of
SOPA will show up on stage at a RI a
double-a or similar event that happened
to and they just have done this really
really well and they expected to succeed
here just because that's their history
and so they were just taken by surprise
that they were rolled by the internet
and they just don't want to do rolled by
the internet Greg what do you expect to
hear from New York and Southern
California in the next week in reaction
to all this well I think the big story
coming next week will be whether the
United States government can bring Kim
calm and his alleged associates and mega
close to the United States and it's just
listening to I was watching museum TV
shows last night it sounds like
abilities there are very much
cooperating with less official so expect
to see I mean a fight but you could end
up here and we will see some kind of
trial with calm I got was in the United
States all right one last question for
anybody who wants it what does this mean
for the average online human being for
you and me people who watch TV shows do
a little bit you know Sam you get it you
get it nice mp3 track you like it you
send it to a friend you know you
subscribe to netflix mostly legit every
now and then by mistake a little bit of
it illegitimate content sharing going on
what does this mean to you and me the
status quo continues you think huh for
now a poet ah nothing changes nothing
changes nothing changes if I okay
whatever talking about the citizen
you're nothing changes but everybody i
talked to most videos is pointing
towards you
sales decline in their home video market
business isn't very good and a lot of
the opposition says that's their own in
this management whatever but everything
this shows important as far as they're
concerned sort of decline in the
business and you're going to see
Hollywood TV networks music labels
starts to tighten the belt and starts to
make a point that they can't afford to
absorb piracy forever it's also
interesting to me it's a big bear being
backed slowly and ever more slowly into
a tighter and tighter corner it's very
interesting how this is all playing out
I think it's going to take the next
couple at a couple years and we'll see
and then there'll be a new technology to
worry about Eleanor Mills thank you so
much for joining us declan mccullagh
greg sandoval thanks guys were a really
interesting reporters roundtable i'm
rafe needleman in San Francisco thanks
Stephen for producing will be back on
Friday unless something else big happens
before then with another another
reporters roundtable you have comments
on the show please email me Rafe at cnet
com or follow me on Twitter that's our
AFE thanks everyone will see you all
next week
you
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