Sec. 108. Construction and preemption
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Nothing in this title shall be construed— to limit or prohibit otherwise lawful disclosures of communications, records, or other information, including reporting of known or suspected criminal activity, by an entity to any other entity or the Federal Government under this title; or to limit or prohibit otherwise lawful use of such disclosures by any Federal entity, even when such otherwise lawful disclosures duplicate or replicate disclosures made under this title. Nothing in this title shall be construed to prohibit or limit the disclosure of information protected under section 2302(b)(8) of title 5, United States Code (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), section 7211 of title 5, United States Code (governing disclosures to Congress), section 1034 of title 10, United States Code (governing disclosure to Congress by members of the military), section 1104 of the National Security Act of 1947 ( 50 U.S.C. 3234 ) (governing disclosure by employees of elements of the intelligence community), or any similar provision of Federal or State law.
Nothing in this title shall be construed— as creating any immunity against, or otherwise affecting, any action brought by the Federal Government, or any agency or department thereof, to enforce any law, executive order, or procedure governing the appropriate handling, disclosure, or use of classified information; to affect the conduct of authorized law enforcement or intelligence activities; or to modify the authority of a department or agency of the Federal Government to protect classified information and sources and methods and the national security of the United States.
Nothing in this title shall be construed to affect any requirement under any other provision of law for an entity to provide information to the Federal Government. Nothing in this title shall be construed to permit price-fixing, allocating a market between competitors, monopolizing or attempting to monopolize a market, boycotting, or exchanges of price or cost information, customer lists, or information regarding future competitive planning. Nothing in this title shall be construed— to limit or modify an existing information sharing relationship; to prohibit a new information sharing relationship; to require a new information sharing relationship between any entity and another entity or a Federal entity; or to require the use of the capability and process within the Department of Homeland Security developed under section 105(c).
Nothing in this title shall be construed— to amend, repeal, or supersede any current or future contractual agreement, terms of service agreement, or other contractual relationship between any entities, or between any entity and a Federal entity; or to abrogate trade secret or intellectual property rights of any entity or Federal entity. Nothing in this title shall be construed to permit a Federal entity— to require an entity to provide information to a Federal entity or another entity; to condition the sharing of cyber threat indicators with an entity on such entity’s provision of cyber threat indicators to a Federal entity or another entity; or to condition the award of any Federal grant, contract, or purchase on the provision of a cyber threat indicator to a Federal entity or another entity.
Nothing in this title shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this title. Nothing in this title shall be construed to authorize, or to modify any existing authority of, a department or agency of the Federal Government to retain or use any information shared under this title for any use other than permitted in this title. This title supersedes any statute or other provision of law of a State or political subdivision of a State that restricts or otherwise expressly regulates an activity authorized under this title.
Nothing in this title shall be construed to supersede any statute or other provision of law of a State or political subdivision of a State concerning the use of authorized law enforcement practices and procedures. Nothing in this title shall be construed— to authorize the promulgation of any regulations not specifically authorized by this title; to establish or limit any regulatory authority not specifically established or limited under this title; or to authorize regulatory actions that would duplicate or conflict with regulatory requirements, mandatory standards, or related processes under another provision of Federal law.
Nothing in this title shall be construed to limit the authority of the Secretary of Defense to develop, prepare, coordinate, or, when authorized by the President to do so, conduct a military cyber operation in response to a malicious cyber activity carried out against the United States or a United States person by a foreign government or an organization sponsored by a foreign government or a terrorist organization.
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Sec. 108
Construction and preemption
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