Jérémie Zimmermann
Let's Win the "War on Sharing"! A Citizen Strategy on ACTA and beyond
sharinghacktivismInternet freedomIn digital era, natural flow of information cannot be controlled by laws or technologies without compromising civil liberties, economic and social development. For that reason, Jérémie Zimmermann and his associates founded an organization four years ago, and called it LaQuadrature du Net - after an unresolvable mathematical problem ‘squaring the circle‘.
His team is engaged in major advocacy of digital rights, with focus on topics such as freedom of speech, copyright, communications control and online privacy, and all for the sake of free flow and distribution of knowledge in the world. Following their action against SOPA / PIPA bills, their current target is ACTA, whereas the campaigns are widely covered by traditional media, which plays a vital role in their current fight for neutrality, and against internet filtering.
Jérémie has been globally recognized as expert in digital rights. Besides, he regularly appears on television programs and discussions, which, we assume, makes him a fine debater.
Hello, everyone! It’s such a pleasure to be here - an honor, a deep honor. I’m Jeremie Zimmermann, I’m the co-founder of LaQuadrature du Net, we’re a citizen organization defending fundamental freedoms online. We’re a kind of citizens’ “toolbox” to make everyone able to understand what is going on when our freedoms are attacked online, and we make tools for everyone to participate in trying to change things, to participate in the public debates, and it is an honor to be here, but I feel a bit ashamed that I may come with some bad news. Some bad news and some good news. I hope they will be balanced. It's a shame to announce bad news in a place that is so full of love, and data love in particular, and I don't want to ruin the party. But there's a war going on and I know that speaking about war in this place may resonate in a very different connotation and than anywhere else. So the bad news is there's a war going on, and it's probably one of the most important battles that we as several generations gathered here, have to fight. The bad news is that this war is going strong and you all heard about this war against sharing, you all know this pattern of dominant actors trying to combat the new entrants. Dominant actors trying to control markets, to control general distributions. Dominant actors trying to change the Internet into yet another television. You’ve all heard of the copyright wars going on. You've all heard of SOPA, PIPA and ACTA. Who among you didn’t hear about ACTA? Well, we’ve been working hard for that. And the bad news is that there is a war going on, but the good news is that we can win it. We can definitely win it, and we can win this war without spilling one drop of blood. We can win this war using words, intelligence, code and pixels. And this is what we have a deep, deep responsibility to do, all together. Most of you heard about ACTA. All of you heard about ACTA, and we’re very proud of that, and it's been a long uphill battle. We may be about to kill ACTA in the European parliaments. I'm not doing any forecast, I'm just telling you what I feel in the European parliaments as of today. We may be about to kill ACTA, which would be a symbol of a global scale, of a global importance, and would definitely set the course for the future. You’ve all heard about Acta. Maybe you've not seen it as clearly as a policymaking trend that it sets for the future -that it tries to set for the future. You’ve heard of all the steps in the war against sharing when the entertainment industry was trying to sue the people in front of the courts, and got the worst PR nightmare ever. It failed. You’ve heard of that step in the war against sharing when the industry tried, in some corrupt countries, like France, to obtain that an administrative body would be created to automatize some kind of justice, to automatize enforcements against people doing filesharing. Well, it failed as well. That will be France’s epic fail. The next step is to put the enforcement into the very fabric of the network. To put enforcement in the heart of what the Internets we know and love and share. This idea to push Internet actors to become private copyright bullies, to give to the actors of the Internet missions of the police and missions of justice. To force them into policing their networks and censoring their use as communication, is what is going on as of today. I could name several examples of policy texts that embed this very concept of turning Internet actors into a private copyright police, but maybe we would discuss that later, in the Q&A section. ACTA is the biggest and boldest element of pushing that trend into the very core of the Internet. So, the most important thing we have to understand, and make everyone understand, is that it's a question of architecture. It is about the architecture of the Internet. The Internet is realized on it's very universal and decentralized nature. It is because every one of us is a peer on the network. It is because every one of us has the very same capacity of accessing content, service, applications -but also to publish content, service, and applications, that the Internet is what it is today. That the Internet is great, that the Internet helps us do business, culture, education, everything. So, as we know this, it is our duty to make everyone around understand that. You can talk about it from an economic perspective, you can talk about it from a political perspective, you can talk about it from a cultural perspective. But it always boils down to the same: we must collectively protect the Internet as a common good, as a common universal infrastructure, as a common decentralized platform that helps us become better persons and make our societies better. So, that’s the plan. How do we do this? Well, first of all, we need to look beyond ACTA and beyond the repressive bullshit that they are pushing through our parliaments. I told you we may be about to win the ACTA battle. While winning it, we must keep our eyes on the prize. Defeating ACTA in the European parliament is extremely important, I’m not saying the contrary, but what is even more important is the message we will convey while defeating ACTA. And while defeating ACTA, we must impose to our politicians that never again an ACTA will be possible. Never again some governments will be able to create an ad hoc forum to bypass the existing international organizations, to bypass democracy, and to agree together between like-minded countries as said by the US representative for commerce, agree on repressive schemes that would alter the very fabric of the Internet. We must make that impossible. And for that there are some simple, well not that simple, but there are some solutions. We must impose in the law that the right to share be guaranteed. It must be written in the law. So, no more repressive bullshit. And there is an instrument in the law for that. I don't know about the Serbian copyright law, and maybe I will have an occasion to discuss that further, afterward. I don't know about Serbian law, but in all copyright laws, in all droit d'auteur, author’s rights, are exceptions and limitations. This is the part of the law that represents the general interests, this is the part of the law that represents widespread usage and practices.This is the part of the law where an artist, the author, cannot say “I forbid you from doing that”. An author cannot forbid you from lending a book or a record. An author cannot forbid you from giving it away for free. An author cannot forbid you to use his work, or her work, for educational purposes, to teach a class about cinema, about music, about literature. An author cannot forbid you from using his work or her work for parody, because parodies are useful for society. For free speech. For political participation. Well, sharing is just as useful as the rest. You all know that. We all know that, because we are here at this SHARE Conference. Sharing must be made an exception into copyright law. This is a very simple demand. It would be an amendment of one line in most copyright laws. And I think that we now have the power and the energy to do so. So, this is a decisive moment, after 15 years in the war on sharing, we've been always in opposition, getting repressive law, after repressive law, after repressive law. These lobbies had the impression that they were at full power, that it was an open bar. That democracy didn't even exist. That they could just draft something somewhere, and have it adopted, dropped on. Well, we are now currently demonstrating that it is not that obvious, and it is not that easy for them. So, that’s the objective. End the war on sharing, and the right to share as a guarantee, as a limitation to copyright, into copyright law. Now, you may ask yourselves “how do we do it?” and that's a very good question indeed. Well, we do it using the very free, open, and decentralized Internet that we still have between our hands. It sounds obvious but it's a bit more complicated than some think when speaking of the free, open, and decentralized Internet. I'm not speaking about Facebook or Google or Twitter. I'm speaking about decentralizing everything: decentralizing communication, decentralizing action, decentralizing hubs for people to connect together and exchange. Decentralize thinking and decentralize the influence we will get on every single layer of society. We've been trying to do that modestly on our scale, the La Quadrature du Net as one note of this network. We've been trying to build tools to show everyone that you can do it, just do it. Grow your own, it is easy. We have to destilate a message that goes from piles of legislation, probably that high or even higher. To destilate the message from the very precise analysis, the legal analysis, that makes us credible inside the parliaments. We must produce the answers to the consultations of the European commission. We must produce analysis papers. We must produce draft laws and amendments on one hand. And we must be inside of the parliament and the Democratic arenas to do it, and we do not need to be a political party, or to create a party, or anything. We can do this as individuals, and it's really easy. It just requires hard work, so we must be in the parliaments with the precise legal analysis. But it's not enough. We must go from there, from the policymakers to all the layers of society. From that very deep legal analysis to the very joyful symbolism of messages, of strong messages that everyone can understand. We released that video about ACTA, we had the help of a professional filmmaker, a guy doing animation for TV and so on. And it got #52 most viewed video on YouTube the week it got released, thanks to some strange individual over there, controlling the homepage of The Pirate Bay in great part. {audience claps} Now you’re clapping for him. This is the kind of things we must do in every possible direction. We must move the pixels from the very heart of the parliament, to the very outer layers of the YouTubes and other Googles, Facebooks, centralized things that are more and more going against the Internet. And it is the very same idea that we must decline with all the diversity of cultures, and backgrounds, and skills, and passions, and everything we can think of, and everything we never think of, yet. We must turn it into images, moving images, sounds, choreographies, 3D printed objects, whatsoever. And everybody has a role to play in that. If you're not convinced about it, look at what happened with the SOPA and PIPA bills in the US. And to some of you who may think that it is was an American problem and an American victory, think again. It is us, the Internet, who won the SOPA/PIPA battle. Of course, the EFF, the -what was the name of this, the Coalition for the Future, and so on, and so on, and so on. And so many public knowledge, and so many great organizations in the US were leading that fight, but it is us, the Internet, from every possible part, every possible corner of the Internet, who helped relate their actions. We helped by creating ourselves new ways of protesting, by participating to that blackout from all parts of the world, and all part of the Internet, by translating the English-spoken material talking about SOPA and PIPA. If the US alone were cut from the Internet and had campaigns against the SOPA and PIPA, I'm not sure that they would've won this battle. And it is a great lesson to learn, because this is what is happening with ACTA at the moment. It is not only ACTA in the European Parliament, it is not only the copyright lobbies versus the citizens in the European Union. It is the Internet versus ACTA. And this is how and why we have a chance on winning this battle. So, to make it quick, the Internet is probably the most precious tool we have today. And it is still free, open, and decentralized. And we are making the demonstration every day. That this is these very characteristics that bring everything we want to bring to society, that enables us to change the world and make it a better place. So, as a common good, we all own the Internet. It's not the people who laid the copper wires with public money some ages ago. It's not the people who are laying the fibers into the ground. It's not the mobile phone operators, or the manufacturers of the terminals. It's not the Googles or the Facebooks of this world. Own the Internet we do. We do own the Internet as a common good and owning a common good implies having a responsibility over it. And this is specifically this responsibility over this common good, that is being played right now, today. We all have a part to play, and we have to show the rest of the world. We have to show the ones who didn't understand it yet how important this is for the future of the societies. Thank you very much!






