The anti-circumvention provisions of the Digital Millennium Copyright Act of 1998 threaten free speech by giving copyright owners extralegal protection for their works. The Act allows a copyright owner to adopt technological measures that may be used to expand control over their works beyond the limits created by the Copyright Act, including the first sale doctrine and fair use. Rather than restricting circumvention technology, lawmakers and copyright owners should focus on infringing conduct. By focusing on such infringing activity, free speech rights will be safeguarded.
Using Technology to Circumvent the Law: The DMCA's Push to Privatize Copyright,
23 Hastings Comm. & Ent.L.J. 607
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol23/iss3/5