US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 1885

Definitions

In this subchapter:
(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

section 1801(n) of this titleThe term “contents” has the meaning given that term in .

(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)
section 153 of title 47 a telecommunications carrier, as that term is defined in ;
(B)
section 2510 of title 18 a provider of electronic communication service, as that term is defined in ;
(C)
section 2711 of title 18 a provider of a remote computing service, as that term is defined in ;
(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)
section 1861(4) of this title a public accommodation facility, as that term is defined in ;
(ii)
section 3602 of title 42 a dwelling, as that term is defined in ;
(iii)
section 1592n of title 42 a community facility, as that term is defined in ; or
(iv)
section 1638 of title 7 a food service establishment, as that term is defined in ;
(F)
a parent, subsidiary, affiliate, successor, or assignee of an entity described in subparagraph (A), (B), (C), or (D);
(G)
an officer, employee, custodian, or agent of an entity described in subparagraph (A), (B), (C), (D), (E), or (F).
(7)

Intelligence community

section 3003(4) of this titleThe term “intelligence community” has the meaning given the term in .

(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)
section 1803(a) of this title an order of the court established under directing such assistance;
(ii)
a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18; or
(iii)
Public Law 110–55 a directive under section 1802(a)(4), 1805b(e), as added by section 2 of the Protect America Act of 2007 (), or 1881a(i) of this title.
(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.

Pub. L. 95–511, title VIII, § 801Pub. L. 110–261, title II, § 201122 Stat. 2467Pub. L. 115–118, title I, § 101(b)(2)(A)132 Stat. 8Pub. L. 118–49, § 25(b)138 Stat. 893(, as added , , ; amended , title II, § 205(a)(7), , , 21; , , .)

Editorial Notes

References in Text

Section 1805b of this titlePub. L. 110–261, title IV, § 403(a)(1)(A)122 Stat. 2473, referred to in par. (8)(B)(iii), was repealed by , , .

Amendments

Pub. L. 118–49, § 25(b)(3)2024—Par. (6)(E). , added subpar. (E). Former subpar. (E) redesignated (F).

Pub. L. 118–49, § 25(b)(1)Par. (6)(F). , (2), redesignated subpar. (E) as (F) and struck out “or” at end. Former subpar. (F) redesignated (G).

Pub. L. 118–49, § 25(b)(1)Par. (6)(G). , (4), redesignated subpar. (F) as (G), inserted “custodian,” after “employee,”, and substituted “(D), (E), or (F)” for “(D), or (E)”.

Pub. L. 115–118, § 205(a)(7)section 3003(4) of this title2018—Par. (7). , made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 115–118, § 101(b)(2)(A)section 1881a(i) of this titlesection 1881a(h) of this titlePar. (8)(B)(iii). , which directed substitution of “” for “”, was executed by substituting “1881a(i) of this title” for “1881a(h) of this title” to reflect the probable intent of Congress.