The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and was passed in 1998. It criminalizes production and dissemination of technology, devices, or services intended to circumvent that control access to copyrighted works. But all too often it is not the offending subscriber who lands in legal trouble for violating the DMCA, but the Internet Service Provider (ISP) whose network is used to illegally post copyrighted material.
A subscriber’s violation of DMCA can put the Internet Service Provider at risk of serious fines if the company fails to issue “takedown notices” to any subscriber breaking the law. In December, 2015, a major ISP was fined $25 million for failing to “reasonably implement a policy to terminate repeat infringers.”