S.Amdt. 2701

1. Strikes section 701

   Strikes

   In S. 3414 · Placed on Calendar Senate

   Struck: SEC. 701. AFFIRMATIVE AUTHORITY TO MONITOR AND DEFEND AGAINST CYBERSECURITY THREATS.

   Struck: (a) In General.--Notwithstanding chapter 119, 121, or 206 of title 18, United States Code, the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and sections 222 and 705 of the Communications Act of 1934 (47 U.S.C. 222 and 605), any private entity may--

   Struck: (1) monitor its information systems and information that is stored on, processed by, or transiting such information systems for--

   Struck: (A) malicious reconnaissance;

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   Struck: (B) efforts to defeat a technical control or an operational control;

   Struck: (C) technical vulnerabilities;

   Struck: (D) efforts to cause a user with legitimate access to an information system or information that is stored on, processed by, or transiting an information system to unwittingly enable the defeat of a technical control or an operational control;

   Struck: (E) malicious cyber command and control;

   Struck: (F) information exfiltrated as a result of defeating a technical control or an operational control;

   Struck: (G) any other attribute of a cybersecurity threat, if monitoring for such attribute is not otherwise prohibited by law; or

   Struck: (H) any combination of subparagraphs (A) through (G);

   Struck: (2) operate countermeasures on its information systems to protect its rights or property from cybersecurity threats;

   Struck: (3) consent to another private entity monitoring or operating countermeasures on its information systems and information that is stored on, processed by, or transiting such information systems in accordance with this section;

   Struck: (4) monitor a third party's information systems and information that is stored on, processed by, or transiting such information systems for the information listed in subparagraphs (A) through (H) of paragraph (1), if--

   Struck: (A) the third party provides express prior consent to such monitoring; and

   Struck: (B) such monitoring would be lawful under paragraph (1) or under any other provision of law if the third party were to perform such monitoring of its own networks; and

   Struck: (5) operate countermeasures on a third party's information systems to protect the third party's rights or property from cybersecurity threats, if--

   Struck: (A) the third party provides express prior consent to such countermeasures; and

   Struck: (B) operating such countermeasures would be lawful under paragraph (2) or under any other provision of law if the third party were to operate such countermeasures on its own information systems to protect its own rights or property.

   Struck: (b) Use and Protection of Information.--A private entity performing monitoring or operating countermeasures under subsection (a)--

   Struck: (1) may use cybersecurity threat indicators acquired under this title, provided such use is solely for the purpose of protecting an information system or information that is stored on, processed by, or transiting an information system from cybersecurity threats or mitigating such threats;

   Struck: (2) shall make reasonable efforts to safeguard communications, records, system traffic, or other information that may be used to identify specific persons acquired in the course of such monitoring from unauthorized access or acquisition;

   Struck: (3) shall comply with any lawful restrictions placed on the use of cybersecurity threat indicators, including, if requested, the removal or destruction of information that can be used to identify specific persons from such indicators;

   Struck: (4) may not use cybersecurity threat indicators to gain an unfair competitive advantage to the detriment of the entity that authorized such monitoring or operation of countermeasures; and

   Struck: (5) may use information obtained under any other provision of law.

   Original wording

   Strike section 701.

Read automatically from the Congressional Record. Check the original before relying on it.

As printed