35 1 of such capability and process and the public 2 notice of, and access to, such process. 3 (B) CLASSIFIED ANNEX.—The report re- 4 quired by subparagraph (A) shall be submitted 5 in unclassified form, but may include a classi- 6 fied annex. 7 8 (d) INFORMATION SHARED WITH THE OR PROVIDED TO FEDERAL GOVERNMENT.— 9 (1) NO WAIVER OF PRIVILEGE OR PROTEC- 10 TION.—The 11 defensive measures to the Federal Government 12 under this title shall not constitute a waiver of any 13 applicable privilege or protection provided by law, in- 14 cluding trade secret protection. 15 provision of cyber threat indicators and (2) PROPRIETARY INFORMATION.—Consistent 16 with section 104(c)(2), a cyber threat indicator or 17 defensive measure provided by an entity to the Fed- 18 eral Government under this title shall be considered 19 the commercial, financial, and proprietary informa- 20 tion of such entity when so designated by the origi- 21 nating entity or a third party acting in accordance 22 with the written authorization of the originating en- 23 tity. † S 754 ES