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The leaked ACTA Internet chapter has a footnote that says an ISP can only hang on to its "safe harbor" by implementing certain policies designed to discourage the use of their networks for copyright infringement, and that "An example of such a policy is providing for the termination in appropriate circumstances of subscriptions and accounts in the service provider's system or network of repeat infringers." Three strikes and you're out.
USTR's claim that ACTA wouldn't "change" US law is plausible (if not comforting). Similar language is already part of US law (17 U.S.C. 512 §(i)(1)(A))--as is the Fifth Amendment to the US Constitution, of course, which assures that no person can be "deprived of life, liberty, or property, without due process of law." One would hope that, like the existing statute, the ACTA language will be read in the context of the Constitution, which assures that mere accusations of copyright infringement are not enough to kick someone off the Internet. One would also hope that other countries, if they end up agreeing to a version of ACTA with this language, also understand that a "repeat infringer" must have been afforded due process.