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February 19th, 2016 
Awake Goy
Since the change highlighted above is unarguably a substantive change, the only basis for the change to be made during legal scrubbing would be if it were an error. But is it an error?
We don’t know for sure—though EFF has contacted the USTR for clarification, and we will update this post if we receive an answer. But logically, the original text doesn’t seem to have been an error, because there seems to be no rational basis why countries should be allowed to limit the availability of ex officio action, but not to similarly limit the availability of the other criminal remedies.
Think about it. What sense is there in sending someone to jail for an infringement that causes no harm to the copyright holder, whether they complain about it or not? And why should it matter that the copyright holder complains about something that didn’t affect them anyway? Surely, if the copyright holder suffers no harm, then a country ought to be able to suspend the whole gamut of criminal procedures and penalties, not only the availability of ex officio action.
This is no error—or if it is, then the parties were only in error in agreeing to a proposal that was complete nonsense to begin with. But most likely, this is an underhanded attempt to renegotiate the Trans-Pacific Partnership before its ink is even dry.
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