Jawboning in Plain Sight: The Unconstitutional Censorship Tolerated by the DMCA
(rstreet.org)
Section 512 of the Digital Millennium Copyright Act (DMCA) provides critically needed liability protection for the providers of intermediary services that the internet depends on. But that protection can come at the cost of the very user expression these services exist to intermediate because of the jawboning pressure baked into the statute. Such an unconstitutional effect is not inevitable, however.
Section 512 of the Digital Millennium Copyright Act (DMCA) provides critically needed liability protection for the providers of intermediary services that the internet depends on. But that protection can come at the cost of the very user expression these services exist to intermediate because of the jawboning pressure baked into the statute. Such an unconstitutional effect is not inevitable, however.