The tort liability part of Civil Code (second draft) has made scientific amendments to the existing rules of notice-and-takedown, but the problems of lack of prior protection and loss of post relief procedures remain unresolved. With the role transformation and technology upgrading of ISPs, as the controller and participant of the risk of network infringement, they are necessary and able to bear the obligations of actively preventing infringements during the uninformed phase and reviewing the materials during the notified phase, to make up for the loopholes of copyright protection and user interest protection. The dual duties of care should be compatible with ISPs' expectation and control ability to the infringement risk and the ability of material review. In the uninformed phase, technical measures are the main methods of performance, and technical level, service type, content involvement level, and direct benefit should be comprehensively considered. Violation is the consideration for fault rather than a sole criterion, and it does not necessarily result in infringement liability. In the notified phase, only formal review and limited substantive examination are necessary, and those who have fulfilled the duty of care can be exempted from tort liability.