; (B) cocaine; or (C) methamphetamine. (2) Penalty In a civil action brought under paragraph (1), the Attorney General may recover a civil penalty of not more than $5,000,000. (d) Rules of construction (1) Applicability to legal process Nothing in this section shall be construed to apply to any action by a covered provider that is necessary to comply with a valid court order, subpoena, search warrant, statutory obligation, or preservation request from a law enforcement agency. (2) Mental state with respect to each item required For purposes of subsections (b) and (c), the terms intentionally , knowingly , and recklessly shall be construed to mean intentionality, knowledge, or recklessness, respectively, with respect to the facilitation of each violation described in those subsections. (e) Encryption technologies (1) Cybersecurity protections do not give rise to liability A criminal prosecution under subsection (b) or a civil action under subsection (c) may not be brought against a covered provider because the covered provider— (A) utilizes full end-to-end encrypted messaging services, device encryption, or other encryption services; (B) does not possess the information necessary to decrypt a communication; or (C) fails to take an action that would otherwise undermine the ability of the covered provider to offer full end-to-end encrypted messaging services, device encryption, or other encryption services. (2) Rule of construction Nothing in this subsection is intended to undermine the use of encryption technology. (f) Protection of Privacy Nothing in this section shall be construed to require a covered provider to— (1) monitor any user, subscriber, or customer of that covered provider; (2) monitor the content of any communication of any person described in paragraph (1)