; and (2) if the offense involves a conscious or reckless risk of serious personal injury or an individual is harmed as a direct and proximate result of the violation, shall be fined not more than $5,000,000. (c) Rules of construction (1) Applicability to legal process Nothing in this section shall be construed to apply to any action by a provider of an interactive computer service that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from law enforcement. (2) Knowledge with respect to each item required For purposes of subsection (a)(1), the term knowingly shall be construed to mean knowledge of each item of child pornography that the provider hosted, stored, or made available. (d) Defense In a prosecution under subsection (a)(1), it shall be a defense, which the provider must establish by a preponderance of the evidence, that— (1) the provider disabled access to or removed the child pornography as soon as possible, and in any event not later than 48 hours after obtaining knowledge that the child pornography was being hosted, stored, or made available by the provider (or, in the case of a provider that, for the most recent calendar year, averaged fewer than 10,000,000 active users on a monthly basis in the United States, as soon as possible, and in any event not later than 2 business days after obtaining such knowledge); or (2) the provider— (A) exercised its best effort to disable access to or remove the child pornography but was unable to do so for reasons outside the provider’s control