Sec. 801. DEFINITIONS

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 801 DEFINITIONS **[**[50 U.S.C. 1885](/us/usc/t50/s1885)**]** In this title: ####

(1)Assistance The term “**assistance**” 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. ####

(2)Civil action The term “**civil action**” includes a covered civil action. ####

(3)Congressional intelligence committees The term “**congressional intelligence committees**” means— #####

(A)the Select Committee on Intelligence of the Senate; and #####

(B)the Permanent Select Committee on Intelligence of the House of Representatives. ####

(4)Contents The term “**contents**” has the meaning given that term in section 101(n). ####

(5)Covered civil action The term “**covered civil action**” means a civil action filed in a Federal or State court that— #####

(A)alleges that an electronic communication service provider furnished assistance to an element of the intelligence community; and #####

(B)seeks monetary or other relief from the electronic communication service provider related to the provision of such assistance. ####

(6)Electronic communication service provider The term “**electronic communication service provider**” means— #####

(A)a telecommunications carrier, as that term is defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153); #####

(B)a provider of electronic communication service, as that term is defined in section 2510 of title 18, United States Code; #####

(C)a provider of a remote computing service, as that term is defined in section 2711 of title 18, United States Code; #####

(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; #####

(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— ######

(i)a public accommodation facility, as that term is defined in section 501(4); ######

(ii)a dwelling, as that term is defined in section 802 of the Fair Housing Act (42 U.S.C. 3602); ######

(iii)a community facility, as that term is defined in section 315 of the Defense Housing and Community Facilities and Services Act of 1951 (42 U.S.C. 1592n); or ######

(iv)a food service establishment, as that term is defined in section 281 of the Agricultural Marketing Act of 1946 (7 U.S.C. 1638); #####

(F)a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);17 17So in law. Probably should be “**; or**”. #####

(G)an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F). ####

(7)Intelligence community The term “**intelligence community**” has the meaning given the term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ####

(8)Person The term “**person**” means— #####

(A)an electronic communication service provider; or #####

(B)a landlord, custodian, or other person who may be authorized or required to furnish assistance pursuant to— ######

(i)an order of the court established under section 103(a) directing such assistance; ######

(ii)a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; or ######

(iii)a directive under section 102(a)(4), 105B(e), as added by section 2 of the Protect America Act of 2007 (Public Law 110–55), or 702(h). ####

(9)State The term “**State**” 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.

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