http://m.theatlantic.com/business/a...now-a-crime-to-unlock-your-smartphone/272552/
Quote: "But there is another matter of critical importance: Laws that can place people in jail should be passed by Congress, not by the decree of the Librarian of Congress. We have no way to hold the Librarian of Congress accountable for crazy laws. There are still plenty of crazy laws passed by elected officials, but at least we can then vote them out of office."
There are numerous other problems with the DMCA. As I explained in an essay for*Cato Unbound:"The DMCA bars developing, selling, providing, or even linking to technologies that play legal DVDs purchased in a different region, or to convert a DVD you own to a playable file on your computer. Because no licensed DVD playing software is currently available for the Linux operating system, if a Linux user wishes to play a DVD that they have legally bought, they cannot legally play it on their own computer.In order to regulate this anti-circumvention market, the DCMA authorizes injunctions that seem to fly in the face of First Amendment jurisprudence on prior restraint. The DMCA also makes companies liable for copyright infringement if it doesn't remove content upon notification that someone believes the content infringes their copyright - this creates a very strong business interest in immediately taking down anything that anyone claims is infringing to not be liable. Christina Mulligan's essay for Copyright Unbalanced details how in mid-July 2012 a Mitt Romney campaign ad hosted on Youtube was forcibly removed from the site, and in 2008 Youtube blocked several John McCain ads for more than 10 days. As Mulligan details, the ads were legitimate under "fair use." Allowing individual people to veto political speech that they do not like stifles free expression and political dialogue and even if a rare occurrence under the DMCA should not be taken likely. There are also other examples of abuse, Mulligan details that one group had all Justin Bieber songs removed from Youtube as a prank."And if you thought this was bad, provisions of the DMCA relating to anti-circumvention are part of the Trans-Pacific Partnership (TPP) Treaty - and the United States is the party asking for it as part of the negotiations. Placing it in the treaty will enact our dysfunctional system on an international level in countries that don't want it, and it will "re-codify" the DMCA in an international treaty making it significantly more difficult to revise as necessary. Copyright laws are domestic laws and they need to be flexible enough to adjust accordingly to not inhibit new innovation.