I have a request. I'd like to ask Stack Exchange corporate to establish a practice of uploading all DMCA takedown requests that it receives for content hosted on the Stack Exchange network to the Chilling Effects Clearinghouse.
The Chilling Effects Clearinghouse is an attempt to document use of the DMCA. It deters abuse of the DMCA by making takedowns public; when a company abuses the DMCA takedown process, everyone can see it and there is an opportunity to name and shame the offending company. The Clearinghouse also benefits legal scholars by helping them to study the use of the DMCA online. Finally, I think it would benefit the Stack Exchange community by sending a signal to companies that we are watching how they are using the DMCA takedown, and that we will notice any abuse of the DMCA process.
I confess that this request is triggered by an incident on Crypto.SE that sure looks to me an awful lot like an egregious abuse of the DMCA. A company (CipherCloud) issued a takedown notice to request Stack Exchange to delete a question that asked about the security of their system. Several answers provided insightful analysis that appeared to reveal serious security problems in their system; none appeared to violate copyright law, as far as I can tell.
I am concerned that CipherCloud just sent a bogus DMCA takedown notice to try to silence their critics. If true, this is harmful to the Stack Exchange Community -- and posting such takedown notices to the Chilling Effects Clearinghouse is the least we can do. I imagine that most DMCA takedown notices are perfectly unobjectionable, but even one abuse of this magnitude is a big deal.