copyright internet intellectual-property dmca online-piracy
What must an ISP do to be protected under the Online Copyright Infringement Liability Limitation Act
<p>Under statute 512 of the Online Copyright Infringement Liability Limitation Act (OCCA) in section (c)(1)(A)(iii) it stipulates that an ISP</p>

<blockquote>
  <p>upon obtaining such knowledge or awareness, acts
  expeditiously to remove, or disable access to, the material;</p>
</blockquote>

<p>My first question is what exactly "expeditiously" means, and if there's any precedent anywhere for arguing something was not done "expeditiously."</p>

<p>My second question relates to the DMCA in general.  I know lots of people get Cease and Desist letters for <em>downloading</em> pirated content, and that these cease and desist letters come from their ISPs.  I was wondering if there was anything in the DMCA (or any law) that says that, if an ISP is notified that their subscribers are pirating content, ISPs must notify them, threaten to, or actually disconnect service, or anything like that which would require ISPs to take action against their customers.</p>

<p>Update 1:
I'm just looking for a specific point (if it exists) that states that the in order to avoid liability isp has to take some specific action against a subscriber who is <em>downloading</em>.</p>

<p>Update 2: </p>

<p>I've definitely gotten an answer to my first question and what expeditiously means, my question is with the second one.  As a result of RIAA v. Verizon I know that Subpoena's cannot be used to identify  the infringers and send them letters  so what legal avenue are they taking to make ISP's send these notices?</p>

<p>To act "expeditiously" is to act with a speed and level of activity that most parties would act in a similar situation. </p>

<p>Sending "cease and desist" letters is part of meeting the above test, of "doing what others would do." The threat has to be real, and the ISP provider has to discontinue service in at least "some" instances after "due process." This, in turn, is largely defined by the norms of the time. Basically, the ISP must make an effort to balance of the interests of their customers and of copyright holders within the prevailing existing legal framework.</p>
