Why would you expose such information in a way that it is protected only by a mechanism that the public has access to? It seems like you are asking if fixing the DMCA would remove protection for irresponsible behavior.
IIRC, the DMCA makes it a criminal act, whereas otherwise it might only be governed by civil law. If I'm contractually obligated to only read a stock market report myself, but I show it to a friend, do I deserve jail time, or just to get sued?