Editing Unjust and extraterritorial law: DMCA (section)

==Why it is a problem: Systemic conflict with constitutional and international law==

===Violation of due process and presumption of innocence===
The DMCA contradicts the Fifth and Fourteenth Amendments of the United States Constitution, which guarantee fair trial and due process. In In re Winship (1970)<ref>https://constitutionallawreporter.com/2017/11/01/in-re-winship-1970/</ref>, the Supreme Court confirmed that the presumption of innocence is essential to any criminal proceeding. In Coffin v. United States (1895)<ref>https://www.law.cornell.edu/supremecourt/text/156/432</ref>, the Court famously stated that the presumption of innocence is axiomatic and elementary. According to the New York Family Court Act, this principle applies even in juvenile cases and should never be bypassed without oversight.

Yet the DMCA bypasses due process entirely. Content is removed immediately upon complaint, without trial, without judicial scrutiny, and without any neutral evaluation. The accused is not presumed innocent but treated as a violator by default. There is no adversarial procedure, no verification of facts, and often no way to respond without waiving privacy and assuming legal risk.

===Extraterritorial application without protection===
This system is not limited to US citizens. The DMCA is enforced globally by American platforms regardless of the user's nationality or jurisdiction. Millions of people outside the United States (who are neither protected by the US Constitution nor able to access US courts) are subjected to takedowns under this framework. These users may be forced to submit to US legal standards, waive their privacy rights, or abandon their content altogether.

By treating non-American users as if they were under US law, the DMCA extends far beyond its national scope. It imposes a foreign legal system on the entire internet, without legal standing or democratic legitimacy in most affected countries.