Page:United States Statutes at Large Volume 117.djvu/1982

 PUBLIC LAW 108–159—DEC. 4, 2003

117 STAT. 1963

‘‘(i) if known by the victim (or if readily obtainable by the victim), the date of the application or transaction; and ‘‘(ii) if known by the victim (or if readily obtainable by the victim), any other identifying information such as an account or transaction number. ‘‘(4) NO CHARGE TO VICTIM.—Information required to be provided under paragraph (1) shall be so provided without charge. ‘‘(5) AUTHORITY TO DECLINE TO PROVIDE INFORMATION.— A business entity may decline to provide information under paragraph (1) if, in the exercise of good faith, the business entity determines that— ‘‘(A) this subsection does not require disclosure of the information; ‘‘(B) after reviewing the information provided pursuant to paragraph (2), the business entity does not have a high degree of confidence in knowing the true identity of the individual requesting the information; ‘‘(C) the request for the information is based on a misrepresentation of fact by the individual requesting the information relevant to the request for information; or ‘‘(D) the information requested is Internet navigational data or similar information about a person’s visit to a website or online service. ‘‘(6) LIMITATION ON LIABILITY.—Except as provided in section 621, sections 616 and 617 do not apply to any violation of this subsection. ‘‘(7) LIMITATION ON CIVIL LIABILITY.—No business entity may be held civilly liable under any provision of Federal, State, or other law for disclosure, made in good faith pursuant to this subsection. ‘‘(8) NO NEW RECORDKEEPING OBLIGATION.—Nothing in this subsection creates an obligation on the part of a business entity to obtain, retain, or maintain information or records that are not otherwise required to be obtained, retained, or maintained in the ordinary course of its business or under other applicable law. ‘‘(9) RULE OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—No provision of subtitle A of title V of Public Law 106–102, prohibiting the disclosure of financial information by a business entity to third parties shall be used to deny disclosure of information to the victim under this subsection. ‘‘(B) LIMITATION.—Except as provided in subparagraph (A), nothing in this subsection permits a business entity to disclose information, including information to law enforcement under subparagraphs (B) and (C) of paragraph (1), that the business entity is otherwise prohibited from disclosing under any other applicable provision of Federal or State law. ‘‘(10) AFFIRMATIVE DEFENSE.—In any civil action brought to enforce this subsection, it is an affirmative defense (which the defendant must establish by a preponderance of the evidence) for a business entity to file an affidavit or answer stating that—

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