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

Blake Lovely, Esme Rogue Star in Latest From TGirls.porn

Blake Lovely and Esme Rogue star in the latest release from Grooby paysite TGirls.Porn, titled "The Great Outdoors."

AEBN Reveals Ariel Demure as Top Trans Star for Q3 of 2026

AEBN has named its top trans stars for the third quarter of 2026, with Ariel Demure landing atop the leaderboard.

Porn Piracy: How AI Is Transforming Content Theft and Protection

Gone are the days when the word “pirate” primarily conjured images of clever scoundrels like Captain Jack Sparrow, swaggering across the high seas in search of gold and jewels. Today’s most prolific pirates operate in the darkest corners of the internet, armed with bots, scrapers and generative AI.

Private Drops Latest Volume of 'Flight Attendants Fuck Better'

Private has released the second volume of "Flight Attendants Fuck Better," directed by Xavi Rocka.

Erika Lust Talks Parenting, Personal Growth and the Power of Porn at LA Book Launch

Acclaimed director and producer Erika Lust, founder of the Barcelona-based studio that bears her name, brought her new book “Lust: Pleasure, Performance, Power” to a packed Dynasty Typewriter theater in Los Angeles Tuesday night for a spirited reading.

Playhaus Network Launches Podcast Platform Through PAYSITE

Entertainment website The Playhaus Network is launching its new podcast platform through PAYSITE.

Jesse Pony, Alexa Chains Headline Latest 'Hookup Hotshot: Internet Sex Addicts'

Jesse Pony and Alexa Chains topline the 13th volume of director Ryan Gozzling's "Hookup Hotshot: Internet Sex Addicts" for Evil Angel.

Codi Vore, Lani Rivers Star in Latest From Brazzers

Codi Vore and Lani Rivers star with Van Wylde in the latest release from Brazzers, titled "The Bar With the Best Rep."

Sportsheets Wins Trademark Infringement Case Against Copycat Website

The World Intellectual Property Organization (WIPO) has ruled in favor of adult brand Sportsheets in a case against a copycat website using an infringing domain.

Ravyn Alexa, Lexi Lore Star in Latest 'Lez Be Bad'

Ravyn Alexa and Lexi Lore star in the latest installment of the Adult Time series "Lez Be Bad," titled "After Hours Mess."

Show More