We need to apply technological security measures to protect our property against unauthorized copying and distribution. The copyright law can only provide sanctions when and if we are able to identify infringers. Technological security measures can stop the piracy before it happens. But all security measures, no matter how sophisticated, can be circumvented by clever hackers. This requires more than mere civil remedies.
Criminal sanctions are essential.
Too many NII bandits, some operating totally in the underground economy, will scoff at the threat of civil damages, which many regard as simply a cost of doing business. There must be criminal penalties attached to deliberate, systematic acts of circumvention if such acts are to be seriously lessened. The Communications Act now provides criminal penalties for unauthorized decoding of satellite signals and for the theft of cable services. Similar criminal sanctions must be available to effectively deter those who would make it their business to circumvent copyright protection technology. Without criminal sanctions, our first line of defense against cyber-theft will be porous and ineffectual.