Unjust and extraterritorial law: DMCA: Difference between revisions

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===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), the Supreme Court confirmed that the presumption of innocence is essential to any criminal proceeding. In Coffin v. United States (1895), 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.

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> and a video platform whose name blends "Bit" and "Chute" (commonly written as one word), 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.

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 ===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), the Supreme Court confirmed that the presumption of innocence is essential to any criminal proceeding. In Coffin v. United States (1895), 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.
+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> and a video platform whose name blends "Bit" and "Chute" (commonly written as one word), 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.