(a) the intermediary has conspired
or abetted or aided or induced whether by threats or
promise or otherwise in the commission of the unlawful act (ITAA
(b) upon receiving
actual knowledge, or on being notified by the appropriate
Government or its agency that any information, data or
communication link residing in or connected to a computer
resource controlled by the intermediary is being used to
commit the unlawful act, the intermediary fails to
expeditiously remove or disable access to that material on
that resource without vitiating the evidence in any manner.
the purpose of this section, the expression "third party
information" means any information dealt with by an
intermediary in his capacity as an intermediary.