‘This Is Atrocious’: Congress Crams Language to Criminalize Online Streaming, Meme-Sharing Into 5,500-Page Omnibus Bill

Lawmakers in Congress are under fire from digital rights campaigners for embedding three controversial changes to online copyright and trademark laws into the must-pass $2.3 trillion legislative package—which includes a $1.4 trillion omnibus spending bill and a $900 billion Covid-19 relief bill—that could receive floor votes in the House and Senate as early as Monday evening.

The punitive provisions crammed into the enormous bill (pdf), warned Evan Greer of the digital rights group Fight for the Future, “threaten ordinary Internet users with up to $30,000 in fines for engaging in everyday activity such as downloading an image and re-uploading it… [or] sharing memes.”

While the citizenry had almost no time to process the actual contents of the 5,593 page legislative text, Greer said Monday afternoon that the CASE Act, Felony Streaming Act, and Trademark Modernization Act “are in fact included in the must-pass omnibus spending bill.”

As Mike Masnick explained in a piece at TechDirt on Monday:

The CASE Act will supercharge copyright trolling exactly at a time when we need to fix the law to have less trolling. And the felony streaming bill (which was only just revealed last week with no debate or discussion) includes provisions that are so confusing and vague no one is sure if it makes sites like Twitch into felons.

“The fact that these are getting added to the must-pass government funding bill is just bad government,” Masnick added. “And congressional leadership should hear about this.”

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The COVID-19 Stimulus Bill Would Make Illegal Streaming a Felony

Congress looks to provide relief to U.S. citizens and small businesses, but the omnibus bill includes some legislative priorities for the entertainment industry as well.

Providing relief via direct assistance and loans to struggling individuals and businesses hit hard by COVID-19 has been a priority for federal lawmakers this past month. But a gigantic spending bill has also become the opportunity to smuggle in some other line items including those of special interest to the entertainment community.

Perhaps most surprising, according to the text of the bill being circulated, illegal streaming for commercial profit could become a felony.

It’s been less than two weeks since Senator Thom Tillis (R-NC) released his proposal to increase the penalties for those who would dare stream unlicensed works. In doing so, the North Carolina Senator flirted with danger. About a decade ago, Minnesota Senator Amy Klobuchar made a similar proposal before it ended up dying as people worried about sending Justin Bieber to jail. (No, seriously.) This time, Tillis’ attempt was winning better reviews for more narrowly tailoring the provisions towards commercial operators rather than users. That said, it’s had very little time to circulate before evidently becoming part of the spending package. If passed, illegal streaming could carry up to 10 years in jail.

That’s not the only copyright change either.

The spending bill also appears to adopt a long-discussed plan to create a small claims adjudication system within the U.S. Copyright Office.

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