Stat. Comp. Sec. 25 — DEFINITION OF ELECTRONIC COMMUN…

## SEC. 25 DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER ###

(a)**[**[50 U.S.C. 1881](/us/usc/t50/s1881)**]** Section 701(b)(4) is amended— ####

(1)by redesignating subparagraph

(E)as subparagraph (F); ####

(2)in subparagraph (D), by striking “; or” and inserting a semicolon; ####

(3)by inserting after subparagraph

(D)the following new subparagraph: > > ##### “(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); or” > ; ####

(4)in subparagraph (F), as redesignated— #####

(A)by inserting “custodian,” after “employee,”; #####

(B)by striking “or” before “(D)”; and #####

(C)by inserting “, or (E)” after “(D)”. ###

(b)**[**[50 U.S.C. 1885](/us/usc/t50/s1885)**]** Paragraph

(6)of section 801 of the Foreign Intelligence Surveillance Act of 1978 is amended— ####

(1)by redesignating subparagraphs

(E)and

(F)as subparagraphs

(F)and (G), respectively; ####

(2)in subparagraph (F), as redesignated, by striking “; or” and inserting a semicolon; ####

(3)by inserting after subparagraph

(D)the following new subparagraph: > > ##### “(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);” > ; and ####

(4)in subparagraph (G), as redesignated— #####

(A)by inserting “custodian,” after “employee,”; #####

(B)by striking “or” before “(E)”; and #####

(C)by inserting “, or (F)” after “(E)”.

Sec. 25. DEFINITION OF ELECTRONIC COMMUNICATION SERVICE PROVIDER