However, Section 4 of the draft, , outlines different options that includes limiting the liability of online service providers should an infringement be made on their service.

In the first option, if the service provider did not know of the infringement, liability and civil remedies would be limited if the infringement occurred by: "Automatic technical processes, and; (ii) the actions of the provider's users that are not directed or initiated by that provider and when the provider does not select the material, and; (iii) the provider referring or linking users to an online location".

The second option, liability would be limited if service providers act expeditiously to "remove or disable access to infringing material or infringing activity upon obtaining actual knowledge of the infringement". That is, if the infringement occurred through: "Automatic technical processes [that keep the provider from taking measures to prevent the infringement], or; (ii) the actions of the provider´s users that are not initiated nor modified by that provided and when the provider does not select the material or; (iii) the storage of information provided by the recipient of the service or at the request of the recipient of the service".

However, the draft treaty then goes on to present two options that say:

While specific mention of a , this latter option provides scope for governments to create such legislation.