Explain how the Digital Millennium Copyright Act (DMCA) is the American contribution to an international effort to reduce the impact of copyright, trademark, and privacy infringement, especially through the removal of technological copyright protection measures.
Discuss with students how in 1995 the European Union had adopted Directive 95/46/EC, which added protection for individuals with regard to the processing of personal data and the use and movement of such data. Note that the United Kingdom has implemented its own version known as the Database Right to comply with this directive.
Classify the provisions of the DMCA:
Prohibits the circumvention of protections and countermeasures implemented by copyright owners to control access to protected content.
Prohibits the manufacture of devices to circumvent protections and countermeasures to control access to protected content.
Bans trafficking in devices manufactured to circumvent protections and countermeasures to control access to protected content.
Prohibits the altering of information attached or imbedded into copyrighted material.
Excludes Internet service providers from certain forms of contributory copyright infringement.
Recall that in June 2016, the United States and the European Union (EU) signed an agreement that would supersede the Safe Harbor agreement. This new agreement serves as a data privacy umbrella for EU citizens and allows cooperation between American and European law enforcement agencies in criminal investigations. However, due to the ambiguity of this agreement, companies have considered the adoption of Binding Corporate Rules (BCRs) accreditation.