‘‘(B) ELIGIBILITY.—An interactive com-
puter service provider is described in this sub-
paragraph only if the provider—
‘‘(i) maintains and implements a writ-
ten or electronic policy that requires the
provider to terminate the account of a sub-
scriber of its system or network expedi-
tiously following the receipt by the provider
of a notice described in paragraph (2)(B)
alleging that such subscriber has violated
or is violating this section; and
‘‘(ii) with respect to the particular
material or activity at issue, has not know-
ingly permitted its computer server to be
used to engage in activity that the provider
knows is prohibited by this section, with
the specific intent that such server be used
for such purpose.
‘‘(2) NOTICE
TO
INTERACTIVE
COMPUTER
SERVICE PROVIDERS.—
‘‘(A) IN GENERAL.—If an interactive com-
puter service provider receives from a Federal
or State law enforcement agency, acting within
its authority and jurisdiction, a written or elec-
tronic notice described in subparagraph (B),
that a particular online site residing on a com-
puter server owned, controlled, or operated by
or for the provider is being used by another
person to violate this section, the provider shall
expeditiously—
‘‘(i) remove or disable access to the
material or activity residing at that online
site that allegedly violates this section; or
‘‘(ii) in any case in which the provider
does not control the site at which the sub-
ject material or activity resides, the pro-
vider, through any agent of the provider
designated in accordance with section
512(c)(2) of title 17, or other responsible
identified employee or contractor—
‘‘(I) notify the Federal or State
law enforcement agency that the pro-
vider is not the proper recipient of
such notice; and
‘‘(II) upon receipt of a subpoena,
cooperate with the Federal or State
law enforcement agency in identifying
the person or persons who control the
site.
‘‘(B) NOTICE.—A notice is described in
this subparagraph only if it—
‘‘(i) identifies the material or activity
that allegedly violates this section, and al-
leges that such material or activity violates
this section;
‘‘(ii) provides information reasonably
sufficient to permit the provider to locate
(and, as appropriate, in a notice issued
pursuant to paragraph (3)(A) to block ac-
cess to) the material or activity;
‘‘(iii) is supplied to any agent of a
provider designated in accordance with sec-
tion 512(c)(2) of title 17, if information
regarding such designation is readily avail-
able to the public;
‘‘(iv) provides information that is rea-
sonably sufficient to permit the provider to
contact the law enforcement agency that
issued the notice, including the name of
the law enforcement agency, and the name
and telephone number of an individual to
contact at the law enforcement agency
(and, if available, the electronic mail ad-
dress of that individual); and
‘‘(v) declares under penalties of per-
jury that the person submitting the notice
is an official of the law enforcement agency
described in clause (iv).
‘‘(3) INJUNCTIVE RELIEF.—
‘‘(A) IN GENERAL.—The United States, or
a State law enforcement agency acting within
its authority and jurisdiction, may, not less
than 24 hours following the issuance to an
interactive computer service provider of a notice
described in paragraph (2)(B), in a civil action,
obtain a temporary restraining order, or an in-
junction to prevent the use of the interactive
computer service by another person in violation
of this section.
‘‘(B) LIMITATIONS.—Notwithstanding any
other provision of this section, in the case of
any application for a temporary restraining
order or an injunction against an interactive
computer service provider described in para-
graph (1)(B) to prevent a violation of this
section—
‘‘(i) arising out of activity described in
paragraph (1)(A)(i), the injunctive relief is
limited to—