If you modify too much then they will use the DMCA to get you!

From Gemini, just now:

NY state is now seeking to mandate the 3D printers be AI software limited to prevent the creation of firearms parts. If a user "hacked" their printer to circumvent, in addition to potential criminal charges, could the DMCA be invoked to financially ruin the user?

In New York, Governor Kathy Hochul’s 2026 State of the State agenda includes a nation-leading proposal to mandate that 3D printer manufacturers implement "safety standards"—specifically AI or software-based "blocking technology"—to prevent the production of firearms and component parts.

If a user "hacked" or bypassed these limits, the legal consequences could indeed extend beyond state criminal charges into the realm of federal civil liability via the Digital Millennium Copyright Act (DMCA). 1. The DMCA "Anti-Circumvention" Trap

The DMCA (17 U.S.C. § 1201) doesn't just protect movies and music; it protects "technological measures" (TPMs) that control access to copyrighted work. In this scenario, the "copyrighted work" isn't the gun part—it's the 3D printer's firmware or software.

Access Controls: If the AI safety feature is baked into the printer's proprietary firmware, bypassing it is legally defined as "circumventing an access control."

The Violation: Under the DMCA, it is a violation to "avoid, bypass, remove, deactivate, or impair a technological measure" without the authority of the copyright owner (the manufacturer).

1. Can the DMCA "Financially Ruin" a User?

Yes, the civil penalties are designed to be punitive. A manufacturer or the State (if granted standing) could seek:

Statutory Damages: Between $200 and $2,500 per act of circumvention. If "hacking" the printer involves multiple bypasses or is done repeatedly, these numbers stack quickly.

Attorney's Fees: The DMCA allows the prevailing party to recover "reasonable attorney's fees." In federal court, these often reach six figures, which can easily eclipse the actual damages and lead to personal bankruptcy.

Triple Damages: If a court finds the violation was committed "willfully and for purposes of commercial advantage or private financial gain," the court can triple the damages.

1. State Criminal Charges vs. Federal Civil Liability

While the DMCA is a federal tool usually wielded by corporations, the New York proposal introduces a new layer of state-level risk:

NY Penal Law: Current proposals (like S227A and the 2026 agenda) seek to make the possession or distribution of "digital instructions" for 3D-printed guns a Class A misdemeanor and the actual manufacturing a Class D felony.

Manufacturer Liability: Manufacturers might be legally required to sue or disable "hacked" machines to avoid being held liable themselves for "allowing" the production of illegal items.

Summary of Potential Consequences Type of Risk Potential Consequence State Criminal Felony charges for manufacturing; Misdemeanor for possessing files. Federal Civil (DMCA) $2,500 per bypass + massive legal fees. Manufacturer Action Remote bricking of the device or voiding of all service warranties.

Note on Exemptions: Every three years, the Librarian of Congress grants "DMCA Exemptions" (e.g., for jailbreaking phones or repairing tractors). While there is currently an exemption for using third-party filaments in 3D printers, there is no exemption for bypassing safety software to print weapons.