The Philip DeFranco Show - PDS 6.12 Dr DisRespect's "Illegal Bathroom Stream", Snapchat Filter Arrest & Hong Kong Protest

Episode Date: June 12, 2019

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Sup you beautiful bastards, hope you're having a fantastic Wednesday. Welcome back to the Philip DeFranco Show. Before we get started, remember to hit that like button, otherwise I may dropkick your grandmother. But, with that said, let's just jump into it. And the first thing we're gonna talk about today is Snapchat and a very interesting and unique arrest. So by now you've probably tried, or at the very least seen someone try the Snapchat filter that switches your gender. Right, doing things for girls, making their jaws more square and adding facial hair and giving guys longer hair and eyelashes.

So we use for whatever the hell that thumbnail was today. But the reason we're talking about this today is because last month, a 20 year old college student near San Francisco saw this filter, not as just a fun way to kind of mess with friends, but rather as a way to help keep his community a little bit safer. The student, Ethan, used the filter to become Esther

and created a fake Tinder profile claiming that he was 19 years old. Which is where 40 year old Robert Davies, a police officer in San Mateo, first messaged him. I believe he messaged me, are you down to have some fun tonight? And I was like, and I decided to take advantage of it. He says the two switched from talking on Tinder to a different messenger

app, which is where Esther revealed to Davies that she was actually only 16, not 19. And according to screenshots from the conversation, initially, Rob said that her age might be an issue. But when asked if he was still down, Rob sent a shrug emoji and said, "'You won't even send any pics of you.'" Ethan then said the conversation got explicit.

They even moved over to Snapchat at Davey's request. And reportedly after 12 hours of talking, Ethan says that he took the screenshots of their conversation and sent them to Silicon Valley Crime Stoppers, which ultimately brought us to last Thursday, June 6th, when the San Jose police arrested Davey. This for one count of communicating with a minor

for the purpose of committing a felony. Now as far as why Ethan did this, reportedly he said frustration was his motivation, explaining that he wanted to do more to identify predators after he learned that his female friend had been molested as a child. I was just looking to get someone. He just happened to be a cop.

And as far as what happens next, the San Mateo Police Department, where Davies works, has placed him on paid administrative leave. And we had Police Chief Susan Manheimer saying in a statement, This alleged conduct, if true, is in no way a reflection of all that we stand for as a department, and is an affront to the tenets of our department and our profession as a whole. As San Mateo Police Officers, we have sworn an oath to serve and protect our communities. I can assure you that we remain steadfast to this commitment to serving our community with professionalism, integrity, and excellence. Alright, so that relates to his job,

but as far as his criminal case, Davey has managed to make his $50,000 bail. He is out of custody. According to court records, it doesn't look like he's an attorney yet, but he is due back in court in July, where if he is found guilty, he could be looking at anywhere from 16 months to three years

as well as $10,000 in fines. And also he would be required to register as a sex offender on California's sex offender registry. With this story gaining more steam it's been very interesting to see the responses. We've seen people on Twitter praising Ethan. We've seen people angry that the officer was put on paid leave. We've also seen people debating whether it matters that the person that Davies was talking to was actually of age, even though Ethan posed as 16. And to that point we heard from San Jose Police Sergeant Enrique Garcia who said,

Whether or not the person is 16 is irrelevant. If the suspect believes that it's a 16 year old girl on the other end, then they should have, the suspect should have terminated that conversation specifically when it talks about engaging in sexual activity. Yeah, that's where we are with the story and of course I'd love to know your thoughts on this. And then let's talk about the big internet slash business slash privacy news around Dr. Disrespect, AKA Guy B. And if you're unfamiliar with him,

he's an incredibly popular video game streamer. He's kind of, his character is kind of like of 80s action movies turned into a person. But yeah, today we're not talking about him because of his awesome numbers. We're not talking about him because of past controversies. Today, we're talking about him

because he is one of the largest personalities on Twitch and he was just suspended slash banned. And as far as why, of course this week, E3 is going on out here. A lot of gaming and entertainment personalities are doing a lot over at E3 and DrDisRespect decided that he was going to do an IRL stream. Right, instead of streaming gameplay,

he'd be streaming himself going around E3. You know, think of it like a live vlog, which of course we've seen with other people has, can have some pitfalls here and there. And it appears at one point during this live stream at E3, his cameraman followed him into a bathroom, a public bathroom that other people were using. And if you actually scrub through the footage,

it appears that there's a younger person at a urinal. Luckily, you don't end up seeing anyone's stuff, so that's good. And it looks like Guy wasn't even really thinking about it because he's even still addressing the camera while in the bathroom. Now, following this, you've seen a lot of headlines saying that he was banned.

Most likely this is just a suspension. As of recording this video, we haven't seen a public statement for Guy. We haven't seen specifics regarding this suspension slash ban although it is now being reported that in addition to his Twitch channel being unavailable, his E3 badge has also been revoked. And as far as the general reaction to all of this,

we've kind of seen people go into two camps. Some calling for Guy to get access to his channel back now. You have the likes of the immensely popular Tfue posting this picture with the caption, "'Free Dr. Disrespect.'" Meanwhile, you had others saying that Twitch made the right call. Incredibly prominent streamer Ninja responding,

"'It's a no-brainer. I love him, "'but when you break the rules, you get punished. "'It's that simple.'" Also responding to Tfue, "'Mr. Respectful would have never slipped up this hard.'" Also, I will say, I've seen some people criticize this move, saying that this is just censorship. Here's the thing, I have no feelings whatsoever about Guy Bean. It may have not been ill intent, but what he did was technically illegal.

You cannot record or livestream other people in a public bathroom. He is so incredibly lucky that whoever was at that urinal didn't turn around, that you couldn't see anything. Which is actually even luckier because according to some reports, the camera person went into the bathroom more than one time because that would have been a whole different bag of horrible for him. I mean that both for Twitch and legally.

In Twitch's community guidelines, it specifically states when talking about content that is prohibited, sharing content that violates another's reasonable expectation of privacy. For example, streaming from a private space without permission. And legally, regarding California, section 647J1 of the California Penal Code considers the following

to be disorderly conduct. A person who looks through a hole or opening into or otherwise views by means of any instrumentality, including but not limited to a periscope. Wait, who's using a periscope? Okay, a periscope, telescope, binoculars, camera, motion picture camera, camcorder or mobile phone, the interior of a bedroom, bathroom, changing room, fitting room, dressing room or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. Also, there are some people out there saying that he did this to generate publicity.

For me personally, I don't believe that. I think you'd have to be just bats shit crazy to do it for that reason. That said, I can understand the mentality of someone thinking anyone would do that, especially for Dr. Disrespect, who last time he came back from a controversy just had a massive, massive stream. Like, just incredibly successful, so I understand why people can have a cynicism about this sort of stuff. But yeah, that's where we are. If I was to guess anything, I think that the suspension would be pretty slight just given his size, but they still need to hold him accountable because he is so notable.

But yeah, that's that. And of course I pass the question off to you. What are your thoughts around this? Then let's talk about this just massive news out of Hong Kong because if you have not seen, there have been huge, huge protests happening in the city. On Sunday, we saw hundreds of thousands of people taking to the streets of Hong Kong to protest a proposed bill that would allow the government to extradite people to mainland China. And for some quick context here, Hong Kong is an autonomous city-state in Southeast China. It used to be a British colony, but it was given back to China in 1997 and it began operating under a policy called One Country, Two Systems. And as a part of that system, Hong Kong was designated as a special administrative region and allowed its own constitution, which is known as Basic Law. Which means it is still technically part of that system, Hong Kong was designated as a special administrative region and allowed its own constitution,

which is known as basic law, which means it is still technically part of China, but it's given such a high degree of autonomy that it's basically operating as its own country. So Hong Kong has entirely separate political and economic systems from China. And of note here, they also have a free press and an open internet,

which is very different from mainland China. So for the people of Hong Kong, independence from China is not only a point of pride, but it is also a defining characteristic. And the proposed extradition bill has sparked a ton of backlash among the residents of Hong Kong who were worried that they could end up in the hands of mainland China's legal system. Where, very notably, and as we've talked about on this show, people have frequently been prosecuted for political reasons. And so you have people in Hong Kong perceiving this bill as a threat to their freedom and civil liberties. So in response to all of this, the people have held massive protests where tons and tons of people have come out

to oppose the bill. As far as on Sunday, it's unclear how many people took part in the protest. You had police officials saying that 240,000 were in attendance, while the protest organizers said that it was actually more than one million, which would be incredibly notable for Hong Kong because if the organizers numbers were correct,

that would mean that on Sunday, almost one out of every seven Hong Kong residents participated. It would also make it the biggest protest in Hong Kong history since the British gave China control back in 1997. But regardless, main point, it was a big deal. And according to reports, you had protesters from all walks

of life essentially taking over the streets of downtown Hong Kong, with the protest stretching for more than a mile and it was so crowded that people were reportedly stuck in the subway stations just trying to join. And while the protests during the day were largely peaceful, a little after midnight riot police began to clash with protesters. And reportedly in front of Hong Kong's legislature,

you had police starting to use pepper spray, hitting protesters with batons to get them to free up the area, and eventually the protesters largely dispersed. After Sunday's protests, Carrie Lam, Hong Kong's chief executive, who was heavily pushed for this extradition bill, said that she is still going to be moving forward

with the legislation. And so with the city's legislature set to debate the bill, on Wednesday we saw protest organizers schedule another round of protests for that same day. So again, we just saw a massive turnout from the protesters. Early Wednesday morning, local time, tens of thousands of protesters blocked major roads in downtown Hong Kong.

They also surrounded the Legislative Council building where the lawmakers were going to debate the bill, which also eventually forced the Legislative Council to cancel the debate and reschedule it for another day. We also saw protesters met by police in riot gear who responded by using water cannons and pepper spray. And even after the debate was canceled, even after officials called for demonstrators to disperse,

protesters still kept going, with many people on the ground reporting that demonstrators didn't trust the government not to go ahead with a debate right after the streets were cleared. And at around 3 p.m. local time in Hong Kong, things really started to escalate. According to reports,

we saw protesters storming police barricades, reportedly beginning to throw things at the police. The police were seen using tear gas, shooting bean bags and rubber bullets at protesters. Hong Kong's police chief justified the violent response in a press conference claiming that the protests had become a quote, riot situation. But on the other side of this, we've seen Amnesty International saying that the force that we're seeing from police, that it's a violation of international law, and adding that the officers have quote, taken advantage of the violent acts of a small minority as a pretext to use excessive force against the vast majority of peaceful protesters.

But still, the protesters kept going for several more hours. And by nighttime, the police were able to clear the area around the legislative council. Although while most protesters did seem to disperse, there were also still large numbers of people just remaining on the streets. And some protesters could also be seen making their way to the central district,

which is the city's main financial hub. And as of recording this video, it is in the middle of the night in Hong Kong, but it is still a developing situation. As of right now, it's not clear how many people attended the protest or if they'll continue tomorrow. We've also seen reports from a spokesperson for the Hong Kong Information Bureau saying that at least 72 people have been treated at hospitals for injuries due to the protest. But again, in these developing situations, it's very much expected for that number to go up. So, we've talked about the massive reaction we're seeing out there in the streets right now, but what is this extradition bill?

Well, the bill would amend Hong Kong's extradition laws to allow them to detain people suspected of certain crimes and then turn them over to countries and territories. And this is the key part with which Hong Kong does not have formal extradition agreements. Notably, that includes China. And this bill was proposed back in March in order to resolve a case where a man from Hong Kong

was accused of killing his girlfriend while on vacation in Taiwan last year. A man that was proposed back in March in order to resolve a case where a man from Hong Kong was accused of killing his girlfriend while on vacation in Taiwan last year. A man that is now back in Hong Kong, and even though he is accused of murder charges in Taiwan, he cannot currently be sent there to stand trial because Hong Kong and Taiwan do not have a formal extradition agreement. So Lam has said that this extradition bill

is necessary to prosecute him. And she also argues that it will help the rule of law in Hong Kong and quote, "'plug a loophole in the city's legal system.'" As far as more specifics, reportedly the extradition bill would apply to 37 crimes, and it would only pertain to people accused of crimes that have penalties of seven years or more in prison.

But officials have also said that anyone facing the death penalty would not be extradited. Also, it said that all extradition cases will need to be approved by independent local judges. They would then pass it on to get approval from Hong Kong's chief executive, which is currently Lam. And after those two approvals, those suspects can be extradited.

But because Hong Kong is technically subordinate to mainland China, critics of the bill say that they worry that it would be very difficult for the chief executive to reject an extradition request from her superiors. And because the chief executive has been a strong supporter of this bill herself, it seems unlikely that she would deny an extradition request at all.

Critics also saying that the bill would basically allow anyone to just be picked up in Hong Kong and detained in mainland China, which means that the mainland could use the law to target political activists and dissidents, functionally legalizing abductions by mainland officials in Hong Kong, which has already been a thing

that's been going on for a while now, right? Because mainland officials are usually not allowed to operate in Hong Kong, but they've been known to illegally abduct people, people that are working in bookstores that are just selling books that are critical of the mainland. And so people are worried

that critics of the Chinese government will be the first to get targeted. And of note here, while the bill technically does not include extradition for political crimes, people are worried that critics of the Chinese government will be the first to get targeted. And of note here, while the bill technically does not include extradition for political crimes, people are worried that China will just make up other charges or they'll set someone up and then use that as the legal reason

to take someone that's actually being taken for political reasons. And personally, I think that concern is a valid one. Over the last few years, mainland China has been steadily trying to exert more authority over Hong Kong by meddling in their internal affairs. And those efforts have significantly increased since Chinese President Xi took office in 2012. And since taking power, we've seen Xi tighten his control of his people using all sorts of methods to stifle his critics.

Because Hong Kong has and allows a large community of pro-democracy activists and lawmakers, it is a clear target. And so that's why many, and I'm including myself here, this is part opinion, see this extradition law, see this change as another way to slowly chip away at Hong Kong's independence. The thing is, the efforts have been working. Already, mainland aligned government officials in Hong Kong have ousted opposition lawmakers and denied civilian demands for free elections.

And Lam's decision to press ahead is no different. It ends up being another example of a mainland affiliated lawmaker pushing ahead with a policy that appears to be largely opposed by the people. Even Taiwan, which would have a trial for the man that Lam claims prompted the extradition bill in the first place, has said it will not comply

with an extradition agreement because it is politically motivated. And Taiwanese officials have said that the authorities in Hong Kong have ignored three separate requests from Taiwan for the two governments to figure out an arrangement to deal with this murder case, in hopes that it would bypass the need for this bill at all.

But still, despite that, despite the violence we're seeing in the streets, Lam is determined to press on with this bill. During a television interview on Wednesday, Lam said, And earlier in a separate interview that same day, Lam reaffirmed her commitment to the bill. Even comparing the protesters to spoiled children, saying, "'I have never felt a guilty conscience over this.'" Continuing, to draw a comparison, "'I'm a mother too. I have two sons. If my son was stubborn and I spoiled him

and tolerated his stubborn behavior every time, I would just be going along with him.'" That is a story as it stands now. Once again, remember, this is a developing situation. But yeah, right now, reports indicate that the Legislative Council will move ahead with rescheduling the debate for the bill. If and when they do have that debate,

they still need to have a formal session before they vote on it. And as of now, it's been reported that if they do hold a vote, it will be later this month. And because right now pro-Beijing lawmakers have 43 of the 70 seats in the legislature, it looks like the bill will most likely pass. As far as the US response,

last month we saw a group of bipartisan legislators in the US sending a letter to Lam calling for the legislation to be withdrawn immediately, saying that they were concerned that it would negatively impact the relationship between the United States and Hong Kong. Also, President Trump today kind of gave a, I'll just read the quote, saying,

"'I hope it all works out for China and for Hong Kong. "'I understand the reason for the demonstration, "'but I'm sure they'll be able to work it out.'" So I'm not fully sure what that stance is, but ultimately that's where we are right now, and of course I pass the question off to you. What are your thoughts around all of this? And of course, while I'm interested in everyone's thoughts,

if you have any connection to Hong Kong or China, whether you've lived there, you live there now, you have family, I'd love to hear anything. And that's where we're going to end today's show. And hey, if you're new here, you want more of these daily dives in your future, be sure to hit that subscribe button. Definitely ring that bell to turn on notifications. Also, if you're not done with this current trip to the restroom, you want more to watch, maybe you missed yesterday's Philip DeFranco show, you wanna catch up, or you wanna watch the brand new video

on the brand new channel, you can click or tap right there to watch those. But with that said, of course, as always, my name's Philip DeFranco, you've just been filled in, I love yo faces, and I'll see you tomorrow.