This is actually good; it highlights the tension, because this is the exact concern that we have. The proposal to link circumvention and infringement means that the example that I provided means we would never be able to pursue that. What we're going to find is those who are offering circumvention devices and services, at least the smart ones, are going to quickly distance themselves from any act of infringement. What happens is you're never going to be able to establish that the person engaged in the offering of services, the actual act of circumvention, actually had actual knowledge that it was being done for infringing purposes. From an efficacy standpoint, it basically renders the provisions literally useless for the purpose of enforcement.
On December 8th, 2010. See this statement in context.