{"identifier":"/us/usc/t50/s1885","title":50,"num":"\u00a7\u202f1885.","heading":"Definitions","text":"\u00a7\u202f1885.\nDefinitions\nIn this subchapter:\n(1)\nAssistance\nThe term \u201cassistance\u201d means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.\n(2)\nCivil action\nThe term \u201ccivil action\u201d includes a covered civil action.\n(3)\nCongressional intelligence committees\nThe term \u201ccongressional intelligence committees\u201d means\u2014\n(A) the Select Committee on Intelligence of the Senate; and\n(B) the Permanent Select Committee on Intelligence of the House of Representatives.\n(4)\nContents\nThe term \u201ccontents\u201d has the meaning given that term in\nsection 1801(n) of this title\n(5)\nCovered civil action\nThe term \u201ccovered civil action\u201d means a civil action filed in a Federal or State court that\u2014\n(A) alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and\n(B) seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.\n(6)\nElectronic communication service provider\nThe term \u201celectronic communication service provider\u201d means\u2014\n(A) a telecommunications carrier, as that term is defined in\nsection 153 of title 47\n(B) a provider of electronic communication service, as that term is defined in\nsection 2510 of title 18\n(C) a provider of a remote computing service, as that term is defined in\nsection 2711 of title 18\n(D) any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;\n(E) any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as\u2014\n(i) a public accommodation facility, as that term is defined in\nsection 1861(4) of this title\n(ii) a dwelling, as that term is defined in\nsection 3602 of title 42\n(iii) a community facility, as that term is defined in\nsection 1592n of title 42\n(iv) a food service establishment, as that term is defined in\nsection 1638 of title 7\n(F) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);\n(G) an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).\n(7)\nIntelligence community\nThe term \u201cintelligence community\u201d has the meaning given the term in\nsection 3003(4) of this title\n(8)\nPerson\nThe term \u201cperson\u201d means\u2014\n(A) an electronic communication service provider; or\n(B) a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to\u2014\n(i) an order of the court established under\nsection 1803(a) of this title\n(ii) a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or\n(iii) a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (\nPublic Law 110\u201355\n(9)\nState\nThe term \u201cState\u201d means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.","url":"https://projectusc.org/usc/t50/s1885.html","content":[{"t":"sec","id":"/us/usc/t50/s1885","children":[{"t":"num","text":"\u00a7\u202f1885."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subchapter:"},{"t":"para","id":"/us/usc/t50/s1885/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Assistance"},{"t":"content","children":[{"t":"p","text":"The term \u201cassistance\u201d means the provision of, or the provision of access to, information (including communication contents, communications records, or other information relating to a customer or communication), facilities, or another form of assistance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Civil action"},{"t":"content","children":[{"t":"p","text":"The term \u201ccivil action\u201d includes a covered civil action.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Congressional intelligence committees"},{"t":"chapeau","text":"The term \u201ccongressional intelligence committees\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t50/s1885/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" the Select Committee on Intelligence of the Senate; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the Permanent Select Committee on Intelligence of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Contents"},{"t":"content","children":[{"t":"p","text":"The term \u201ccontents\u201d has the meaning given that term in ","children":[{"t":"ref","text":"section 1801(n) of this title","href":"/us/usc/t50/s1801/n","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Covered civil action"},{"t":"chapeau","text":"The term \u201ccovered civil action\u201d means a civil action filed in a Federal or State court that\u2014"},{"t":"subpara","id":"/us/usc/t50/s1885/5/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/5/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"Electronic communication service provider"},{"t":"chapeau","text":"The term \u201celectronic communication service provider\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t50/s1885/6/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" a telecommunications carrier, as that term is defined in ","children":[{"t":"ref","text":"section 153 of title 47","href":"/us/usc/t47/s153","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" a provider of electronic communication service, as that term is defined in ","children":[{"t":"ref","text":"section 2510 of title 18","href":"/us/usc/t18/s2510","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" a provider of a remote computing service, as that term is defined in ","children":[{"t":"ref","text":"section 2711 of title 18","href":"/us/usc/t18/s2711","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" any other communication service provider who has access to wire or electronic communications either as such communications are transmitted or as such communications are stored;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/E","children":[{"t":"num","text":"(E)"},{"t":"chapeau","text":" any other service provider who has access to equipment that is being or may be used to transmit or store wire or electronic communications, but not including any entity that serves primarily as\u2014"},{"t":"clause","id":"/us/usc/t50/s1885/6/E/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" a public accommodation facility, as that term is defined in ","children":[{"t":"ref","text":"section 1861(4) of this title","href":"/us/usc/t50/s1861/4","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s1885/6/E/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a dwelling, as that term is defined in ","children":[{"t":"ref","text":"section 3602 of title 42","href":"/us/usc/t42/s3602","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s1885/6/E/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a community facility, as that term is defined in ","children":[{"t":"ref","text":"section 1592n of title 42","href":"/us/usc/t42/s1592n","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s1885/6/E/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" a food service establishment, as that term is defined in ","children":[{"t":"ref","text":"section 1638 of title 7","href":"/us/usc/t7/s1638","tail":";"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/6/G","children":[{"t":"num","text":"(G)"},{"t":"content","text":" an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"Intelligence community"},{"t":"content","children":[{"t":"p","text":"The term \u201cintelligence community\u201d has the meaning given the term in ","children":[{"t":"ref","text":"section 3003(4) of this title","href":"/us/usc/t50/s3003/4","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Person"},{"t":"chapeau","text":"The term \u201cperson\u201d means\u2014"},{"t":"subpara","id":"/us/usc/t50/s1885/8/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" an electronic communication service provider; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t50/s1885/8/B","children":[{"t":"num","text":"(B)"},{"t":"chapeau","text":" a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to\u2014"},{"t":"clause","id":"/us/usc/t50/s1885/8/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" an order of the court established under ","children":[{"t":"ref","text":"section 1803(a) of this title","href":"/us/usc/t50/s1803/a","tail":" directing such assistance;"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s1885/8/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t50/s1885/8/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (","children":[{"t":"ref","text":"Public Law 110\u201355","href":"/us/pl/110/55","tail":"), or 1881a(i) of this title."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t50/s1885/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"State"},{"t":"content","children":[{"t":"p","text":"The term \u201cState\u201d means any State, political subdivision of a State, the Commonwealth of Puerto Rico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commission, or other body authorized to regulate an electronic communication service provider.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}