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Originally Posted by Nautilus
No they can't. They should either remove or provide counter-DMCA filed by their client. The whole safe harbor thing is about an ISP being a non-party in all copyright disputes.
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Under DMCA hosts most certainly can ask you for proof that you are the copy right holder, or proof toa profile/content location on your existing site.
For example we got a blanket DMCA for a certain cam site stating images on x y z URLs were theres. Simple we asked to see that profile and to provide that cam models profile so we can validate that it is in deed there content they hold rights to. If not they are slinging mud with out jurisdiction or proof. Their request is simply to broad to be handled.
If you read the actual laws for DMCA you have to provide proof you do in fact hold the copyright. If not someone can simply go and send millions of dmca requests to everyone in the world demanding things to be removed.
Considering this is what we were told by our Attorney Marc Randazza who is as many of you know the exact type of lawyer who goes after people for DMCA.