identity of an alleged infringer and
that such information will only be used for the purpose of protecting
rights under this title.
(3) Contents of Subpoena. The subpoena shall authorize and order the
service provider receiving the notification and the subpoena to
expeditiously disclose to the copyright owner or person authorized by
the copyright owner information sufficient to identify the alleged
infringer of the material described in the notification to the extent
such information is available to the service provider.
(4) Basis for Granting Subpoena. If the notification filed satisfies the
provisions of subsection (c)(3)(A), the proposed subpoena is in proper
form, and the accompanying declaration is properly executed, the clerk
shall expeditiously issue and sign the proposed subpoena and return it
to the requester for delivery to the service provider.
(5) Actions of Service Provider Receiving Subpoena. Upon receipt of the
issued subpoena, either accompanying or subsequent to the receipt of a
notification described in subsection (c)(3)(A), the service provider
shall expeditiously disclose to the copyright owner or person authorized
by the copyright owner the information required by the subpoena,
notwithstanding any other provision of law and regardless of whether the
service provider responds to the notification.
(6) Rules Applicable to Subpoena. Unless otherwise provided by this
section or by applicable rules of the court, the procedure for issuance
and delivery of the subpoena, and the remedies for noncompliance with
the subpoena, shall be governed to the greatest extent practicable by
those provisions of the Federal Rules of Civil Procedure governing the
issuance, service, and enforcement of a subpoena duces tecum.
(i) Conditions for Eligibility.
(1) Accommodation of Technology. The limitations on liability
established by this section shall apply to a service provider only if
the service provider-
(A) has adopted and reasonably implemented, and informs subscribers and
account holders of the service provider's system or network of, a policy
that provides for the termination in appropriate circumstances of
subscribers and account holders of the service provider's system or
network who are repeat infringers; and
(B) accommodates and does not interfere with standard technical
measures.
(2) Definition. As used in this subsection, the term "standard technical
measures" means technical measures
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