How Liberty was lost on the internet

There is an article over at sp!ked-IT titled How Liberty was lost on the internet which talks about takedown notices to ISPs. I was somewhat disappointed that the article does not discuss is the potential repercussions to the ISP (because of the DMCA) if they do not follow the takedown notice. If the ISP makes a judgement call on the side of the website operator and is proven wrong, the DMCA makes the ISP partly responsible for the copyright violation. If they wrongly act on the side of the complaining party, they are guilty of censorship. What's an ISP to do?