(l) Other Defenses Not Affected. The failure of a service provider's
conduct to qualify for limitation of liability under this section shall
not bear adversely upon the consideration of a defense by the service
provider that the service provider's conduct is not infringing under
this title or any other defense.
(m) Protection of Privacy. Nothing in this section shall be construed to
condition the applicability of subsections (a) through (d) on-
(1) a service provider monitoring its service or affirmatively seeking
facts indicating infringing activity, except to the extent consistent
with a standard technical measure complying with the provisions of
subsection (i); or
(2) a service provider gaining access to, removing, or disabling access
to material in cases in which such conduct is prohibited by law.
(n) Construction. Subsections (a), (b), (c), and (d) describe separate
and distinct functions for purposes of applying this section. Whether a
service provider qualifies for the limitation on liability in any one of
those subsections shall be based solely on the criteria in that
subsection, and shall not affect a determination of whether that service
provider qualifies for the limitations on liability under any other such
subsection.
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