ess 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