> It's chilling to require everyone everywhere in the world to accept US jurisdiction in order to post on US websites

No, it's not, it's just standard law. As I said, everyone who wants to post on YouTube is already agreeing to a contract under US contract law (you yourself first pointed that out).

> Here I think we're talking about US residents.

I'm talking about anyone. Are you arguing that people should be able to post content, for free, from anywhere in the world, to YouTube with zero legal liability whatever, as long as they agree that the content can be taken down if there's a copyright infringement complaint?

> your proposal would make them subject to criminal prosecution for perjury, at least

If they made false claims about their copyright to what they post, yes. But if their claim is correct, it's not perjury. How is that a problem?

> you're proposing getting this wrong subjects one to potential criminal liability

I assume you're thinking of inadvertent infringers here. In the case described in the article, the person who posted the content knew (at least, so they claim) that they created all of that content themselves. Indeed, since they've submitted a DMCA counter notice, they have already made a statement to that effect under penalty of perjury (since a counter notice requires that). So there's no question of inadvertence or of risking criminal liability for something they didn't do. Either their claim is correct, in which case their statement is not perjury, or they are deliberately lying, in which case it is and should be punished as such.

In the case of inadvertent infringement, someone who wasn't confident enough to make a statement under penalty of perjury wouldn't make one, so they wouldn't post the content at all. And if it is infringing, that's what we want. Unless YouTube gave them the "it's not worth the bother to me" alternative, in which case they wouldn't be making any statement under penalty of perjury to begin with, and inadvertently infringing content would be taken down exactly as it is now, on receipt of a complaint that YouTube judges to be legitimate.

If you are saying that someone might not be confident enough in their understanding of fair use, for example, to be willing to state under penalty of perjury that their content is fair use, whereas they would post it if they didn't have to make such a statement, yes, that's true, and that's why I suggested the "it's not worth the bother to me" alternative. In fact, the "it's not worth the bother to me" alternative basically replicates what we have now under the DMCA. But the difference is that the DMCA imposes the same process on all cases, instead of letting people figure out by the natural process of evolution what process works best for different types of cases.

> ambiguous cases will be chilled more than under the current system

Again, I don't see how. Ambiguous cases now go to court. Ambiguous cases under my proposal might, but might not, depending on how the parties judge their positions after both sides have given each other the evidence they have. That's less "chilling", not more, because the risk of going to court and having to bear the costs is the chief "chilling" effect.