Copyright – DMCA may be revised

C|NET has reported that Rep. Lamar Smith is preparing to introduce legislation that will significantly alter the Digital Millennium Copyright Act (DMCA). The DMCA has two provisions that affect Internet Infrastructure providers: a safe harbor provision protecting them from liability for third party copyright infringement; and an “anti-circumvention” provision prohibiting circumvention of anti-copying software. C|NET reports that the new bill will significantly increase the penalties for attempting to commit copyright infringement, give the Department of Justice enhanced powers to fight copyright infringement, and prohibit the possession of anti-circumvention devices if such a possession might lead to distribution. This new bill is important to Internet Infrastructure providers because it appears to significantly limit the broad insulation from liability they currently have under the DMCA, and adds a potential new avenue for liability by criminalizing the possession of anti-circumvention devices if they might be distributed. C|Net Article