On the recordDecember 21, 2020
Mr. President, today I want to say a word about the need to revise title 18 so that criminal commercial enterprises that stream pirated content to users are subject to the same felony penalties as criminal commercial enterprises that distribute to users or reproduce pirated content. The provisions of the Protecting Lawful Streaming Act target clearly criminal conduct committed with criminal intent. Lawful internet and streaming services, licensees, other mainstream businesses, and users engaged in ordinary activities do not risk prosecution. Most importantly, businesses engaged in those activities are clearly excluded by the requirements that a defendant be engaged in conduct that is primarily designed, intentionally marketed, or has no commercially significant purpose or use other than for use in illegal streaming. Nor do those engaged in noncommercial activities risk prosecution under this statute. Noncommercial activities are explicitly excluded by the terms of section 2319C(a). It is intended that none of these activities shall be subject to any risk of criminal prosecution under this bill. More generally, it is well established that criminal penalties are the exception rather than the rule in cases of copyright infringement.…
Source
govinfo.gov




