Sure. As I said, right now there are four safe harbours. There is one for network service providers, entities like ISPs. There is a caching exception for making cache copies. There is a hosting exception, if you're a hosting provider website like YouTube, and there's also a search engine exception.
Now, in two of the cases, I believe the network services exception and the search engine exception, it says that this exception does not apply if you're enabling infringement. Quite obviously, enabling infringement is what we consider to be the encouraging and inducing of a massive amount of copyright infringement. So it makes sense to say that we won't give you a safe harbour if you are inducing that amount of infringement.
The problem is that this condition, which says that you only get the safe harbour if you are not enabling infringement, only applies to two of the four safe harbours. So it's possible that you could be operating a hosting website and you might be saying, “Sure, Your Honour, I'm enabling copyright infringement, but the hosting exception in the Copyright Act now says that I'm shielded from any liability.”
That's why part of my presentation said that the enablement is not worded strongly enough and sometimes the safe harbours are too broadly worded.