The DMCA may be unconstitutional

The DMCA may be unconstitutional Would suit me, the process is very open to abuse.

I’m no fan of the Digital Millenium Copyright Act: it extends copyright way longer than the Founding Fathers ever intended (and even then copyright was recognized as a compromise as it stifled free speech) and it is very easy to abuse because ISPs have to act on a DMCA takedown notice or lose their Safe Harbor protections.

There have been way too many cases where someone who does not hold copyright has forced a takedown because they simply didn’t like what was being said about them. If there’s gong to be a DMCA then the penalty for making a false copyright claim must be the same as for infringing copyright, and an automatic fine. Level the playing field.