Intelligence Law Glossary - Electronic Communication Service Provider


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Electronic Communication Service Provider

Statutory Law

50 U.S.C. § 1881(b)(4) (2010) (Title 50—Chapter 36: Foreign Intelligence Surveillance—Subchapter F: Additional Procedures Regarding Certain Persons Outside the United States)

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; or
      (E) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), or (D).

50 U.S.C. § 1885(6) (2010) (Title 50—Chapter 36: Foreign Intelligence Surveillance—Subchapter G: Protection of Persons Assisting the Government)

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) a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D); or
      (F) an officer, employee, or agent of an entity described in subparagraph (A), (B), (C), (D), or (E).