Otherwise lawful disclosures
Whistle blower protections
section 2302(b)(8) of title 5section 7211 of title 5section 1034 of title 10section 3234 of title 50Nothing in this subchapter shall be construed to prohibit or limit the disclosure of information protected under (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats), (governing disclosures to Congress), (governing disclosure to Congress by members of the military), (governing disclosure by employees of elements of the intelligence community), or any similar provision of Federal or State law.
Protection of sources and methods
Relationship to other laws
Nothing in this subchapter shall be construed to affect any requirement under any other provision of law for a non-Federal entity to provide information to the Federal Government.
Prohibited conduct
Nothing in this subchapter 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.
Information sharing relationships
Preservation of contractual obligations and rights
Anti-tasking restriction
No liability for non-participation
Nothing in this subchapter shall be construed to subject any entity to liability for choosing not to engage in the voluntary activities authorized in this subchapter.
Use and retention of information
Nothing in this subchapter 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 subchapter for any use other than permitted in this subchapter.
Federal preemption
In general
This subchapter 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 subchapter.
State law enforcement
Nothing in this subchapter 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.
Regulatory authority
Authority of Secretary of Defense to respond to malicious cyber activity carried out by foreign powers
section 394 of title 10Nothing in this subchapter shall be construed to limit the authority of the Secretary of Defense under .
Criminal prosecution
Nothing in this subchapter shall be construed to prevent the disclosure of a cyber threat indicator or defensive measure shared under this subchapter in a case of criminal prosecution, when an applicable provision of Federal, State, tribal, or local law requires disclosure in such case.
Pub. L. 114–113, div. N, title I, § 108129 Stat. 2953Pub. L. 115–232, div. A, title XVI, § 1631(b)132 Stat. 2123(, , ; , , .)
Editorial Notes
Amendments
Pub. L. 115–2322018—Subsec. (m). substituted “section 394” for “section 130g”.