S.3480 - Protecting Cyberspace as a National Asset Act of 2010

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that is not a sector-specific agency with responsibil-

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ities for regulating the covered critical infrastructure

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with the concurrence of the head of the agency.

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‘‘(5) INFORMATION

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provided to the Director during the course of an

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evaluation under this subsection shall be protected

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from disclosure in accordance with section 251.

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‘‘(c) CIVIL PENALTIES.—

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‘‘(1) IN

GENERAL.—Any

person who violates

section 248 or 249 shall be liable for a civil penalty.

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‘‘(2) NO

PRIVATE RIGHT OF ACTION.—Nothing

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in this section confers upon any person, except the

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Director, a right of action against an owner or oper-

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ator of covered critical infrastructure to enforce any

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provision of this subtitle.

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‘‘(d) LIMITATION ON CIVIL LIABILITY.—

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‘‘(1) DEFINITION.—In this subsection—

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tjames on DSKG8SOYB1PROD with BILLS

PROTECTION.—Information

‘‘(A) the term ‘covered civil action’—

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‘‘(i) means a civil action filed in a

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Federal or State court against a covered

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entity; and

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‘‘(ii) does not include an action

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brought under section 2520 or 2707 of

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title 18, United States Code, or section

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110 or 308 of the Foreign Intelligence

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