For now at least, since the RIAA has lobbied hard for a nationwide piracy monitoring system much like YouHaveDownloaded.
In a few months millions of online ‘pirates’ will be monitored as part of an agreement between the MPAA, RIAA and all major U.S. Internet providers. Alleged infringers will be notified about their misbehavior, and repeat offenders will eventually be punished.
But will the RIAA be punished too? – TorrentFreak, Dec. 17, 2011
I'm guessing, given its insistence that others are punished, that the RIAA should be punished as well.
I'm also guessing it will be given a pass because the illegal downloads were "research" or "errors" or some other excuse the RIAA has worked hard to make impossible for others to use.
What actually should happen is that DHS and RIAA should investigate, confirm whether their staffers were downloading files illegally, and use that example to convince themselves they were overreacting all along, or at least trying to inflict on others a set of rules and punishments they find unreasonable even for themselves.