The Recording Industry Association of America (RIAA) wants regulations to be introduced that will force Internet Service Providers to filter pirated content, rather relying on the current system of DCMA takedowns, which the RIAA believes to be ‘antiquated.’ The RIAA claims the current DCMA notice and takedown system is ‘extremely burdensome’ and ‘ineffective’ and that the system invites abuse.

The RIAA and 14 other organizations wrote to the U.S. Copyright Office last week explaining the inadequacies of current DCMA Safe Harbors and suggesting a number of potential solutions to the problem.

Currently, Internet Service Providers are required to take down copyright-infringing content after receiving a DMCA request. The request must be acted on expeditiously and ISPs are legally protected from copyright infringement lawsuits.  The legislation has so far protected Internet Service Providers from legal action. Were it not for the legislation, an ISP could potentially be sued every time one of its users uploaded content that violated copyright.

One of the main problems is while the current system protects innocent Internet service providers who have passively, or unwittingly, allowed their services to be used for copyright infringing activities, some entertainment services are protected, even though their businesses are based entirely on copyright infringement, such as the streaming of sports, entertainment and movies.

A number of suggestions have been made such as amending Digital Millennium Copyright Act to include a timeframe for processing DCMA takedowns as well as requiring Internet Service Providers to filter pirated content and use automated systems that identify pirated content and prevent it from being uploaded once the content has been flagged.

The RIAA suggests that when a DCMA request is received requiring specific content to be removed, that content should then be flagged. A system should be put in place that blocks that content from being uploaded in the future on a different webpage or website. Currently, a takedown of content just means the individual or organization can simply upload the content again on another webpage or domain and the process must start over again. The RIAA says the current system is like an endless game of Whac-A-Mole.

The proposals have been criticized as any automated process is likely to result in the removal of web content that is protected under fair use laws and that automated systems could result in the overblocking of website content.

This argument has been countered by the RIAA saying the risk has been exaggerated and that argument is often used by ISPs to avoid implementing content identification technologies. The RIAA argues that current technologies are sufficiently granular to allow them to be calibrated to filter pirated content and protect fair uses.