Criminal Penalties need to be specified and agreed to in an amended and ratified new Berne Convention on Copyright. The problem is international in nature and needs to be addressed by an international treaty agreement.

No nation's laws are enforceable outside of its territory -- that is why the USA is going to try to extradite kimdotcom from New Zealand.

No sovereign nation's laws are enforceable in some other nation -- what is so difficult to understand about that?

USA Law is not binding in Russia -- Russian Law is.
Chinese Law is not binding in France -- French Law is.
etc, ad infinitum.

Signed international treaties are enforcible by their signatories -- that is International Law 101.