Most of the concerns are about the provisions of DMCA Title I and Title II:
Fears that Title 1 provisions will suppress legitimate activities such as research
Fears that the Title II provisions overburden OSPs
Title 1 Concerns
anti-circumvention technology protection measures
concerned that these provisions will stifle research
because of the criminal penalties that are attached to violating these provisions
In 2001, the U.S. Federal Bureau of Investigation (FBI) arrested a security researcher from Russia for publishing software that bypassed access controls on e-books
violation of DMCA’s technology protection measures
researcher was arrested after making a presentation about the security issues at the Def Con conference in Las Vegas
researcher and the Russian company were charged
charges against the researcher were dropped
jury acquitted the Russian company of charges that it violated the DMC
anti-circumvention provisions hinder fair use and, therefore, free speech
complaints ask about what happens when DRM-protected materials enter the public domain
How can they be properly used in the public domain if there are no available tools to remove DRM protection
Title II Concerns
Many people argue that it places too much of a burden on OSPs in responding to “notice and takedown” letters from copyright holders
OSP must act on the notice to maintain its safe harbor protection
might take down material inappropriately
could hamper free speech
Since beginning of DMCA, Google has received 5 billion takedown requests