The issue focused on laws requiring criminal prosecutions for illegal copyright infringement. Lawmakers wanted legislation that would prohibit prosecutors from prosecuting users who illegally downloaded songs or movies. The bill passed in 2011 and law enforcement officials saw it as the legal equivalent of banning cocaine.

While judges generally believed criminal prosecution was unconstitutional, courts gave lawyers rights to prosecute digital crimes under federal copyright laws. Lawyers say courts used copyright laws to sue plaintiffs when they allegedly stole copies of copyrighted material without permission. Lawyers typically argued copyright lawsuits could help civil litigation