ISPs have developed a structure to be able to pass along those notices. They would be contravening the law set out by indicating that the notices can't contain that information. There are no direct penalties.
The goal is, as per the structure of the entire system, to inform the consumer of the potential infringement of the right and also to present them with options with respect to how they may access that content legally. We think with consumer education this is getting at the bad practice, as Martin said, at the source, but then it's also allowing for much clearer communication with the consumer about what they may be receiving in their email.