"... breaking a copyright protection system (i.e. DRM, TPM, etc.) would land you in hot water ... if you need to circumvent a DRM for personal use, you are now liable for criminal penalties. Traditionally, for many jurisdictions, circumventing DRM is typically reserved for civil penalties. Criminal penalties implies that the government would foot the bill for enforcement. In civil cases, it is typically rights holders that go after individuals.
... civil damages do apply. How much are civil damages if an alleged infringer is found guilty? Well, that is up to rights holders, not a judge. Prosecution is able to determine the damages and a judge would have to accept whatever number comes out regardless of evidence to the contrary. A good example might be that a song may be sold for 99 cents, but the damages sought could be in the millions for all the prosecutors are concerned.
... an act of copyright infringement as set forth in this “trade” agreement doesn’t actually have to occur before the authorities are sent after you. There just has to be evidence that infringement is taking place or is about to take place.
... if you have a cell phone, and you have something on it that could be considered infringing, authorities have the right to seize it because you are suspected of trafficking. Of course, you could also be liable for civil and criminal penalties as earlier outlined and could be fined any amount copyright holders feel like.
... you could be fined on the spot because of your cell phone on top of it all. No need for a judge here. Also, no, you may not get your cell phone back. It could be destroyed ... Who gets to pay for all of this? According to page 77, you do."