With their efforts to sue the world of p2p file sharers slowing down, the entertainment industry is pushing their agenda in a different direction - to make it a crime punishable by jail time to share music or movies online. Currently this, if proven, is a copyright violation where the legal owner can seek damages. The problem with the current system is that there are literally millions of people downloading music and movies online, and filing an individual lawsuit against each one is very time-consuming and expensive, although very possible as we all know.

The entertainment industry is pushing Congress to approve a bill that could send thousands of Internet music and movie downloaders to jail, but the legislation faces opposition from groups that say it would unfairly punish consumers.

The first bill would allow prosecutors to seek jail terms of up to five
years for people who make 1,000 or more songs available for download on
peer-to-peer networks such as Kazaa and eDonkey. The PIRATE Act would
allow the Justice Department to seek civil damages against illegal file
sharers. Under current law, the Justice Department only can prosecute
criminal copyright violations.

Washington Post, 11/16/2004

The new strategy is simple - let the government chase the downloaders. If the proposed bill passes, it would be the government’s job to detect, chase, investigate, and prosecute people who download music illegally. The entertainment industry will sit on the sideline, watch the show, and upon a criminal conviction jump in and start a little civil suit to collect damages.

Another “benefit” from the proposed bill would be that eliminates the “willfulness” element - in other words, even if you don’t know that you are sharing these 1,000 songs, then you are going to jail.

Naturally, civil libertarians and public interest organizations are jumping against the bill. I join them.