Not sure where you saw that the DMCA safe harbor provisions apply to moderation policy; It has everything to do with Copyright and removal of copyrighted material; nothing to do with moderation of UGC. It is directly in the name "Digital Millenium Copyright Act".
Content moderation is covered by the CDA section 230; completely separate from the DMCA
And it 100% should apply to Cloudflare as well; if they're caching copyrighted material they need to respond to takedown requests or lose that safe harbor protection. Just as it applies to Google for indexing alleged copyright material; if you've ever seen that "links removed due to DMCA takedown notices" in search results, even when they are not hosting said content.
IANAL also, and I don't know how much DMCA stuff is handled cross borders (I do believe some DMCA provisions are applicable thru trade treaties and the like, but not sure); and I do think DMCA takedowns are rife with abuse; but content moderation really has nothing to do with it..
Content moderation is covered by the CDA section 230; completely separate from the DMCA
And it 100% should apply to Cloudflare as well; if they're caching copyrighted material they need to respond to takedown requests or lose that safe harbor protection. Just as it applies to Google for indexing alleged copyright material; if you've ever seen that "links removed due to DMCA takedown notices" in search results, even when they are not hosting said content.
IANAL also, and I don't know how much DMCA stuff is handled cross borders (I do believe some DMCA provisions are applicable thru trade treaties and the like, but not sure); and I do think DMCA takedowns are rife with abuse; but content moderation really has nothing to do with it..