Sec. 106. Protection from liability
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/bill/114/hr/1560/eh/section-106·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No cause of action shall lie or be maintained in any court against any private entity, and such action shall be promptly dismissed, for the monitoring of an information system and information under section 103(a) that is conducted in accordance with this title and the amendments made by this title. No cause of action shall lie or be maintained in any court against any non-Federal entity, and such action shall be promptly dismissed, for the sharing or receipt of a cyber threat indicator or defensive measure under section 103(c), or a good faith failure to act based on such sharing or receipt, if such sharing or receipt is conducted in accordance with this title and the amendments made by this title.
Nothing in this section shall be construed— to require dismissal of a cause of action against a non-Federal entity (including a private entity) that has engaged in willful misconduct in the course of conducting activities authorized by this title or the amendments made by this title; or to undermine or limit the availability of otherwise applicable common law or statutory defenses. In any action claiming that subsection
(a)or
(b)does not apply due to willful misconduct described in paragraph (1), the plaintiff shall have the burden of proving by clear and convincing evidence the willful misconduct by each non-Federal entity subject to such claim and that such willful misconduct proximately caused injury to the plaintiff. In this subsection, the term willful misconduct means an act or omission that is taken— intentionally to achieve a wrongful purpose; knowingly without legal or factual justification; and in disregard of a known or obvious risk that is so great as to make it highly probable that the harm will outweigh the benefit.