Streaming: The government wants to make sure that, as online piracy moves increasingly to streaming, the law keeps up with the activity. Currently, "reproducing" and "distributing" copyrighted works are felony charges, and they cover peer-to-peer file-sharing. But streaming seems more like a "public performance"—and holding a public performance without a proper license is not a felony.
As Espinel's paper notes, "questions have arisen" about this distinction, and those questions "have impaired the criminal enforcement of copyright laws." She wants Congress to "clarify that infringement by streaming, or by means of other similar new technology, is a felony in appropriate circumstances."