Well, the hypothetical penalty was written by the same people who paid for the law
With a wink and a nudge they can simply claim incompetence, and magically everything is OK.
ALL of these laws bought and paid for by the copyright lobby basically give them huge amounts of leeway to do anything, and ultimately they have no penalties. They can misuse those laws all day long, and nothing will happen to them -- because that was designed into it to allow them to do shit like this.
They have no actual burden of proof, and want to reduce that even further to the point of "we've accused this guy of downloading, you need to cut him off from the internet to stop him"; they want to be able to have innuendo count as proof to save them the trouble. And they want no repercussions when they misuse it.
Welcome to the oligarchy, they've stacked the laws so heavily in their favor we can't win, and they've passed on the cost of policing their "rights" to everyone else.