If you ask me, what we really need is an army of bots going around and literally DMCAing absolutely everything on behalf of every business out there that is submitting DMCA requests. Make the process practically impossible to police until someone forces a legislation action that fixes the whole system.
Erroneous DMCA requests should be so severe that once one is reported by a company authorized to perform the requests on behalf of the IP holder, the IP holder should be barred from any agents on their behalf performing them for a time period of at least 90 days.... with treble fines. It would be so much fun creating content that baits DMCA but is clearly fair use to break all their shit.
Unless someone is copying what you do nearly 1:1, dmca should not be valid. These clowns and crooks running for office talk all about how regulation stifles innovation and this is a true case for sure. So many small business owners are getting fucked by the wild west of DMCA takedowns today.