; (ii) with reckless disregard to a substantial risk of causing injury without legal justification; or (iii) for a purpose unrelated to the performance of any responsibility or function— (I) set forth in paragraph (1); or (II) pursuant to section 2258A, 2258C, 2702, or 2703. (3) Minimizing access by vendor With respect to any visual depiction provided pursuant to the duties of NCMEC under section 404(b)(1)(K) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11293(b)(1)(K) ) that is stored or transferred by a vendor contractually retained and designated by NCMEC to support such duties of NCMEC, a vendor shall— (A) minimize the number of employees that may be able to obtain access to such visual depiction; and (B) employ end-to-end encryption for data storage and transfer functions, or an equivalent technological standard. (e) Limited liability for reporting apparent child pornography by an individual depicted in the child pornography as a minor, or a representative of such individual (1) In general Except as provided in paragraph (2), a civil claim or criminal charge may not be brought in any Federal or State court against an individual depicted in child pornography as a minor, or a representative of such individual, arising from a report to the NCMEC CyberTipline by the individual, or the representative of such individual, of information that relates to the child pornography in which the individual is depicted as a minor, including a copy of the child pornography. (2) Intentional, reckless, or other misconduct Paragraph (1) shall not apply to a claim or charge if the individual, or the representative of such individual— (A) engaged in— (i) intentional misconduct; (ii) negligent conduct; or (iii) any activity which constitutes a violation of section 2251; or (B) acted, or failed to act— (i) with actual malice