What aspect of the DMCA has often been abused and places the burden of proof on the accused?

The aspect of the DMCA (Digital Millennium Copyright Act) that has often been abused and places the burden of proof on the accused is the takedown notice. This provision allows copyright holders to send a notice to online service providers requesting the removal of infringing content. While this mechanism aims to protect copyright owners, it can be misused, as the mere issuance of a takedown notice may lead to the swift removal of content without any substantial investigation into the claims.

This means that the alleged infringer, the individual or entity whose content has been removed, often must prove their innocence or the legitimacy of their use of the content rather than the copyright holder needing to provide conclusive evidence of infringement. This shift in the burden of proof can lead to abuses where legitimate content is taken down erroneously, impacting the rights of users and creators.

The other options do not capture this specific issue. Puppet plasticity refers to a different concept that does not relate to copyright law, while the online service provider exemption and decryption program prohibition pertain to separate provisions within the DMCA that do not involve the misuse of takedown notices or the burden of proof being placed on the accused.