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Why the DMCA Needs to Be Modernized
In less than 20 years, law governing safe harbors for digital intermediaries is outdated.
It has been 18 years since the Digital Millennium Copyright Act (DMCA), 17 U.S.C. §1201 et seq., was signed into law. It became effective in October 2000, and it has been incorporated into the Copyright Act. It was created to balance the security and rights of copyright holders with the growing influence of digital communications. But today it is facing serious criticism about its usefulness from every key stakeholder — creators, distributors and consumers alike.
Congress has taken steps to mitigate these complaints, such as limiting the liability of an Internet service provider (ISP) or online service provider (OSP), both critical platforms in content distribution, in user-instigated copyright violations. This official policy is known as the Online Copyright Infringement Liability Limitation Act (OCILLA) (Title II of the DMCA), and it introduced an interesting innovation into the world of copyright protection — safe harbor provisions.
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