Technically, yes. Though, AFAIU traditional ISPs are almost certainly safe from liability even without the DMCA carve out for Transitory Digital Network Communi

Technically, yes. Though, AFAIU traditional ISPs are almost certainly safe from liability even without the DMCA carve out for Transitory Digital Network Communications (17 USC 512(a)). Liability was a dubious proposition in 1996, and even more dubious today. Still, a company would be stupid to pass up a statutory safe harbor, at least so long as compliance costs (i.e. passing on notices) are minimal.