Page:United States Statutes at Large Volume 112 Part 5.djvu/125

 PUBLIC LAW 105-304—OCT. 28, 1998 112 STAT. 2883 "(B) upon receipt of a counter notification described in paragraph (3), promptly provides the person who provided the notification under subsection (c)(1)(C) with a copy of the counter notification, and informs that person that it will replace the removed material or cease disabling access to it in 10 business days; and "(C) replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network. "(3) CONTENTS OF COUNTER NOTIFICATION.— To be effective under this subsection, a counter notification must be a written communication provided to the service provider's designated agent that includes substantially the following: "(A) A physical or electronic signature of the subscriber. "(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. "(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. "(D) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. "(4) LIMITATION ON OTHER LIABILITY.—^A service provider's compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C). " (h) SUBPOENA TO IDENTIFY INFRINGER. — "(1) REQUEST. —^A copyright owner or a person authorized to act on the owner's behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection. "(2) CONTENTS OF REQUEST. — The request may be made by filing with the clerk— "(A) a copy of a notification described in subsection (c)(3)(A); "(B) a proposed subpoena; and "(C) a sworn declaration to the effect that the purpose for which the subpoena is sought is to obtain the identity of an alleged infringer and that such information will only

�