Felony Friday: The DOJ Is Pushing Congress To Make Unauthorized Streaming A Felony
The Department of Justice is pushing for Congress to pass legislation that would make streaming unauthorized content on the Internet a felony and no longer a misdemeanor. The DOJ claims that the current penalties for illegal streaming do not act as sufficient deterrence to the growing community that streams unlawful Internet content.The White House has previously launched offensives aimed at making unauthorized streaming a felony. David Bitkower, acting deputy assistant attorney general in the criminal division at the DOJ, reinforced the push to curb online streaming while testifying before the House Judiciary Subcommittee on Courts. Bitkower said that online streaming “can be just as serious, and in fact, potentially even more serious” than downloading. He attempted to justify the need to add a more significant deterrence by pointing out that bandwidth devoted to streaming unauthorized content increased 470% between 2010 and 2012.To an entrepreneur this shift in consumption represents opportunity. To a member of the political machine it highlights the need for harsher protectionist measures necessary to stamp out competition and to align corporate interests with those in power.Bitkower was also asked a strange question by Subcommittee Chairman Rep. Howard Coble (R-N.C.). He was asked whether he thought the lack of a felony penalty for streaming deterred law enforcement from pursuing unauthorized streamers. He responded without addressing the question, and pointed out that the trend was now away from downloading and toward streaming as the pirating technology of choice.Why are lawmakers worried about giving law enforcement sufficient incentive to pursue “criminals”?Let’s place aside our feelings regarding the vast amount of unjust laws in this country. Police are hired to enforce the law. Officers shouldn’t be swayed to enforce laws based on the penalty associated with them.Currently, unauthorized streaming is treated as an illegal performance, which is a misdemeanor. Illegal downloading of copyright material is considered an illegal reproduction and distribution, which is a felony. Many lawmakers on the subcommittee, including Reps. Tom Marino (R-Pa.), Hakeem Jeffries (D-N.Y.), and ranking member Jerry Nadler (D-N.Y), disagree with the distinction between downloading and streaming of copyright content. They believe that both should result in a felony.The Whitehouse and many representatives in Congress stand in favor of increasing the penalties associated with unauthorized streaming. They believe that it is a necessary deterrent as more and more people have shifted away from downloading and towards streaming.As per usual, lawmakers and politicians are lagging far behind the people on this issue. Central planners believe that they can mold the market and push innovation in a certain direction based upon the man-made laws they pass. If politicians paid any attention to recent history, then they would see overwhelming evidence to the contrary that proves their efforts futile. The market for “illegally” downloaded music began when the old business model of copyright CDs did not keep up with the technology of the time. People first started to “burn” copies of CDs on their computer and then eventually with the advent of services like Napster they shared music to be downloaded and stored by others.The government attempted to halt free file sharing by going after communities like Napster, but the music industry had forever been changed. “Legal” companies such as Apple and Amazon swooped in to as “licensed” companies and began to share the music for a price.The market has continued to change as music streaming services such as Pandora and Spotify have provided “legally” streamed music paid for with advertisements or for a fee.The same evolution is occurring with television. The majority of people lead busy lives and they want to watch their favorite shows and events on their own schedule. Many services have started up that offer streaming TV shows, movies, and sporting events, but still a growing number of people choose to procure their entertainment from unauthorized sources.People pushing the limits and breaking laws is what has helped to shape the way we listen to music, watch TV, and communicate on the Internet. Placing harsher penalties on those that break copyright laws will act as a restraint on innovation.Current copyright laws are structured to protect crony corporations and do not act to provide the consumer with a less expensive, higher quality service.Check out our past editions of Felony Friday!The Lions of Liberty are on Twitter, Facebook & Google+Receive access to ALL of our EXCLUSIVE bonus audio content – including “Conspiracy Corner”, “Degenerate Gamblers” and the “League of Liberty Podcast” by joining the Lions of Liberty Pride and supporting us on Patreon!
