Want proof of wide-spread abuse of DCMA take down notices? Ask Google. Its filing to New Zealand’s Telecommunication Forum says that 37% were judged by Google to be not valid copyright claims. I am not going to mention that more than 50% are targetting competition as I think the category is too inclusive to draw any conclusion.
This piece of information from Google is important, because if one implements a 3-strike system, as New Zealand proposes, it is extremely likely to be abused very badly. As Google said, we need an independent adjudicator. I will say we will also need stiff penalty for those who abuse the system and transparency in the system. For penalty, something along the line of 100 dollar processing fee upfront. 20 dollar non-refundable for processing. The 80 dollar refunded if the claims are valid, ISP and the target of the complain to share that 80 dollar if the claim is invalid. Every complains should be public information, to allow abusers to be named and shamed.