Sec. 106. Protection from liability
236 words·~1 min read·
/bill/114/s/754/es/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 information systems and information under section 104(a) that is conducted in accordance with this title. No cause of action shall lie or be maintained in any court against any entity, and such action shall be promptly dismissed, for the sharing or receipt of cyber threat indicators or defensive measures under section 104(c) if— such sharing or receipt is conducted in accordance with this title; and in a case in which a cyber threat indicator or defensive measure is shared with the Federal Government, the cyber threat indicator or defensive measure is shared in a manner that is consistent with section 105(c)(1)(B) and the sharing or receipt, as the case may be, occurs after the earlier of— the date on which the interim policies and procedures are submitted to Congress under section 105(a)(1) and guidelines are submitted to Congress under section 105(b)(1); or the date that is 60 days after the date of the enactment of this Act.
Nothing in this section shall be construed— to require dismissal of a cause of action against an entity that has engaged in gross negligence or willful misconduct in the course of conducting activities authorized by this title; or to undermine or limit the availability of otherwise applicable common law or statutory defenses.