Mr. President, I rise to address S. 978, legislation passed by the Judiciary Committee last week that would increase the penalties for willful copyright infringement by ``streaming.'' I would like to explain why I voted ``pass'' on the bill at the Judiciary Committee markup, and to express what my concern is. First, I very much appreciate the intent behind this legislation, and commend Senators Klobuchar and Cornyn for bringing it forth. Online infringement of copyrights has had a very serious, detrimental, effect on the entertainment industry, which is based in large part in my State of California. Those who willfully infringe copyrights for the purpose of commercial advantage or private financial gain deserve to be punished like the thieves that they are. But in doing this, we must make sure that the punishment is proportionate to the crime. This bill simply copies the penalty structure from the current law that makes larger scale illegal downloading a felony. That law makes ``the reproduction or distribution, including by electronic means''--i.e. downloading--a felony punishable by up to 5 years imprisonment, if it involves: 10 or more copies; with a total retail value of more than $2,500; and within a 180-day period. This bill just replicates that penalty structure, with the additional element of an alternative ``fair market value'' threshold. It makes willful infringement through ``public performances by electronic means''--i.e.…
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