103 Iowa L. Rev. 751 (2018)

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Abstract

The DMCA was created at a time when the internet was still relatively new. One of the most important sections of the DMCA is section 512, which provides a safe harbor from liability to internet service providers when their consumers post copyright-infringing material on their websites. Because of section 512, copyright owners who find potentially infringing content on the internet can petition service providers to take down the content. While this has protected many websites and allowed for innovation on the internet, it has been detrimental to consumers. A lack of clarity in the statute combined with dramatic changes in how the internet is accessed and used have created significant problems that go to issues of free speech, privacy, and due process. This Note proposes that Congress amend the DMCA to simplify the language of the statute and to require that service providers give more information to consumers to inform them both of their rights and the nuances of the counter-notification process. While some internet service providers are taking preliminary steps in this direction, the most comprehensive plan has been implemented by P2P file sharing websites. These sites have worked with copyright holders to create a system that promotes knowledge and understanding as well as providing ample time for consumers to correct their behavior prior to removing them from the site entirely. I believe this is the proper approach to bring the law into the 21st century and to protect average consumers.