Congress Could Move to Expand DMCA

WASHINGTON — Despite calls from academics, technology companies and computer programmers for Congress to abandon the Digital Millennium Copyright Act, draft legislation expected soon proposes to expand the controversial law.

The Intellectual Property Protection Act of 2006, proposed by Rep. Lamar Smith, and supported by large copyright holders like the Recording Industry Association of America, represents a patchwork of different proposals designed to bolster the DMCA.

“The bill as a whole does a lot of good things,” Keith Kupferschmid, vice president for intellectual property and enforcement at the Software and Information Industry Association, said. “It gives the [Justice Department] the ability to do things to combat IP crime that they now can't presently do.”

One significant proposed change would be to create a new federal crime for attempted piracy. Under the proposal, even the mere attempt of trying to infringe upon copyright could carry a maximum of up to 10 years in prison.

Civil forfeiture penalties under the new law would permit computers used to commit piracy to be seized by private plaintiffs.

The bill also would amend the DMCA itself. While the DMCA prohibits trafficking in hardware or software that can be used to circumvent anti-piracy protections, the proposed change would expand the civil and criminal penalties for such violations while broadening the scope of illegal activity to include making, importing, obtain control of or possessing such tools.

“It's one degree more likely that mere communication about the means of accomplishing a hack would be subject to penalties,” Peter Jaszi, professor of copyright law at American University, said.

According to U.S. Attorney General Alberto Gonzales, the proposed changes are critical. In a November 2005 speech, Gonzales said that large-scale criminal enterprises were becoming involved in intellectual property theft. Gonzales went on to claim a link between the proceeds from such crimes and funding of terrorism activities.

Under the new bill the federal government would be allowed to use wiretaps to investigate copyright infringement, trade secret theft and economic espionage.

But, according to Kupferschmid, the new bill presents no real changes in the law.

“We really see this provision, as far as any changes to the DMCA go, as merely a housekeeping provision, not really a substantive change whatsoever,” Kupferschmid said. “They're really to just make the definition of trafficking consistent throughout the DMCA and other provisions within copyright law uniform.”

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Evil Angel Drops Vince Karter's 'Miami Vixens'

Evil Angel has released director Vince Karter's latest title, "Miami Vixens."

Angellica Good Stars in Latest From TransAngels

Angellica Good stars with Cole Black in the latest release from TransAngels, titled "Hungry For Her Junk Food."

Penny Barber Stars in Latest From MILFY

Penny Barber stars with Filou Fitt in the latest release from Vixen Media Group studio imprint MILFY.

UK Parliamentary Group Calls for Outlawing Cam Platforms

The U.K. Parliament’s All-Party Parliamentary Group (APPG) on Commercial Sexual Exploitation has published a report in which it calls for banning adult livestreaming platforms.

Rissa May Toplines 'My Son's Fiancee' From Sweet Sinner

Rissa May headlines "My Son's Fiancee," the latest release from Mile High Media studio imprint Sweet Sinner.

Ariel Demure, Maisey Monroe Star in 4th Installment of 'Ripped for Their Pleasure' From Gender X

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Maisey Monroe in the fourth installment of "Ripped for Their Pleasure," the latest title from Gender X Films.

Delilah Raige Makes Her Brazzers Debut

Delilah Raige has made her debut for Brazzers alongside Ricky Johnson in "Raige Hits The Stage."

Ofcom Escalates Sun Social, Superb Convert Investigations

U.K. media regulator Ofcom has ramped up its ongoing Online Safety Act (OSA) compliance investigations into PlayVids/PeekVids operator Sun Social Media and PimpBunny operator Superb Convert.

Centrobill Rolls Out Apple Pay, Google Pay Options

Centrobill has added Apple Pay and Google Pay options for merchants.

Bellesa to Drop New Installments of 'Euro House'

Bellesa will release new episodes of its series "Euro House" after a three-year hiatus.

Show More