Use "DarkNets", face stiffer penalties?
"The thing about darknets is that the users show more culpability than people who simply use peer-to-peer," said Randy Saaf, referring to peer-to-peer sharing systems like KaZaA. Mr. Saaf is chief executive of MediaDefender Inc., a music technology company that does work for the record industry. "When people are found to be using them, they will face stiffer penalties."
I can't think of any legal reason why this may be. They are already asking for maximum damages from people. Sounds like someone who knows what's headed his way and is handwaving to stop it.