41 1 threat indicators or defensive measures under section 2 104(c) if— 3 4 (1) such sharing or receipt is conducted in accordance with this title; and 5 (2) in a case in which a cyber threat indicator 6 or defensive measure is shared with the Federal 7 Government, the cyber threat indicator or defensive 8 measure is shared in a manner that is consistent 9 with section 105(c)(1)(B) and the sharing or receipt, 10 as the case may be, occurs after the earlier of— 11 (A) the date on which the interim policies 12 and procedures are submitted to Congress 13 under section 105(a)(1) and guidelines are sub- 14 mitted to Congress under section 105(b)(1); or 15 (B) the date that is 60 days after the date 16 17 of the enactment of this Act. (c) CONSTRUCTION.—Nothing in this section shall be 18 construed— 19 (1) to require dismissal of a cause of action 20 against an entity that has engaged in gross neg- 21 ligence or willful misconduct in the course of con- 22 ducting activities authorized by this title; or 23 (2) to undermine or limit the availability of oth- 24 erwise applicable common law or statutory defenses. † S 754 ES

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