316. Conditions relating to infringement by transmission, routing or providing connections

transmitting or routing, or providing connections for, an electronic copy through the NCP’s primary network; or

any temporary storage of an electronic copy in the course of doing an act under paragraph (a).

in the case of a transmission of an electronic copy — the transmission is not initiated by or at the direction of the NCP;

the act constituting the rights infringement is carried out through an automatic technical process and the NCP does not select the electronic copy;

the NCP does not select the recipients of the electronic copy except as an automatic response to a request by another person;

the NCP does not substantively modify the content of the electronic copy (apart from any modification made as part of a technical process) when the electronic copy is transmitted through the NCP’s primary network; and

any condition as may be prescribed.