DMCA - Digital Millenium Copyright Act

a. What problems has the DMCA created?
b. Should the DMCA be changed and if so, in what ways?

The Digital Millennium Copyright Act, also known as the DMCA, is an attempt to protect the rights of copyright holders in the emerging world of digital distribution. A concern is the omission of "fair use" provisions in certain sections. Many lawmakers forget that hacking these materials can be a method of creating better security as well. If no one ever tried to had a network, firewalls would not be necessary, and if 64 bit encryption stopped everyone, they wouldn't have developed 128 bit, and so on. Unfortunately, the DMCA does not have an exception for this and people with good intentions can be punished unfairly. The argument is that the DMCA is that since its been put into play it has "stifled free speech and scientific research" and is "Doing more harm than good". I think this problem prevents technology flaws from being presented without fear of punishment. Companies don't want the bad press about their product as well as they don't want it taken without being paid, but you can't have innovation without contestation and therefore the biggest change I would want made to the DMCA is an exception to those who test securities and protection features to be able to freely present flaws found and not be considered in violation of the flaw.
To clarify who can do these testings and be free from prosecution, a simple registration of individual, group or organization in order to declare intentions. I personally would rather have the do-gooders being the ones testing than fixes being done after a major breach. Its just like any of our natural resources or public services, it needs to be properly regulated with special attention paid to the needs of the consumer.