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18 U.S.C. § 2711 — Definitions for chapter

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2711 — Definitions for chapter

As used in this chapter— (1) the terms defined in [section 2510 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim) have, respectively, the definitions given such terms in that section; (2) the term “remote computing service” means the provision to the public of computer storage or processing services by means of an electronic communications system; (3) the term “court of competent jurisdiction” includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic communication service is located or in which the wire or electronic communications, records, or other information are stored; or (iii) is acting on a request for foreign assistance pursuant to [section 3512 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3512&num=0&edition=prelim); (B) a court of general criminal jurisdiction of a State authorized by the law of that State to issue search warrants; or (C) a court-martial or other proceeding under chapter 47 of title 10 (the Uniform Code of Military Justice) to which a military judge has been detailed; and (4) the term “governmental entity” means a department or agency of the United States or any State or political subdivision thereof.

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Source location: Title 18, Chapter 121, § 2711; chapter-121-stored-wire-and-electronic-communications-and-transactional-records-access.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 801 — Article 1. Definitions

In this chapter (the Uniform Code of Military Justice): (1) The term “Judge Advocate General” means, severally, the Judge Advocates General of the Army, Navy, and Air Force and, except when the Coast Guard is operating as a service in the Navy, an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. (2) The Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Navy, shall be considered as one armed force. (3) The term “commanding officer” includes only commissioned officers. (4) The term “officer in charge” means a member of the Navy, the Marine Corps, or the Coast Guard designated as such by appropriate authority. (5) The term “superior commissioned officer” means a commissioned officer superior in rank or command. (6) The term “cadet” means a cadet of the United States Military Academy, the United States Air Force Academy, or the United States Coast Guard Academy. (7) The term “midshipman” means a midshipman of the United States Naval Academy and any other midshipman on active duty in the naval service. (8) The term “military” refers to any or all of the armed forces. (9) The term “accuser” means a person who signs and swears to charges, any person who directs that charges nominally be signed and sworn to by another, and any other person who has an interest other than an official interest in the prosecution of the accused. (10) The term “military judge” means a judge advocate designated under [section 826(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section826/c&num=0&edition=prelim) (article 26(c)) who is detailed under section 826(a) or [section 830a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2710 — Wrongful disclosure of video tape rental or sale records

**(a) Definitions.—** For purposes of this section— (1) the term “consumer” means any renter, purchaser, or subscriber of goods or services from a video tape service provider; (2) the term “ordinary course of business” means only debt collection activities, order fulfillment, request processing, and the transfer of ownership; (3) the term “personally identifiable information” includes information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider; and (4) the term “video tape service provider” means any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials, or any person or other entity to whom a disclosure is made under subparagraph (D) or (E) of subsection (b)(2), but only with respect to the information contained in the disclosure. **(b) Video Tape Rental and Sale Records.—** (1) A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in subsection (d). (2) A video tape service provider may disclose personally identifiable information concerning any consumer— (A) to the consumer; (B) to any person with the informed, written consent (including through an electronic means using the Internet) of the consumer that— (i) is in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer; (ii) at the election of the consumer— (I) is given at the time the disclosure is sought; or (II) is given in advance for a set period of time, not to

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2701 — Unlawful access to stored communications

**(a) Offense.—** Except as provided in subsection (c) of this section whoever— (1) intentionally accesses without authorization a facility through which an electronic communication service is provided; or (2) intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section. **(b) Punishment.—** The punishment for an offense under subsection (a) of this section is— (1) if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State— (A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and (B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and (2) in any other case— (A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section. **(c) Exceptions.—** Subsection (a) of this section does not apply with respect to conduct authorized— (1) by the person or entity providing a wire or electronic communications service; (2) by a user of that service with respect to a communication of or intended for that user; or (3) in section 2703, 2704 or

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 3512 — Foreign requests for assistance in criminal investigations and prosecutions

**(a) Execution of Request for Assistance.—** (1) **In general.—** — Upon application, duly authorized by an appropriate official of the Department of Justice, of an attorney for the Government, a Federal judge may issue such orders as may be necessary to execute a request from a foreign authority for assistance in the investigation or prosecution of criminal offenses, or in proceedings related to the prosecution of criminal offenses, including proceedings regarding forfeiture, sentencing, and restitution. (2) **Scope of orders.—** — Any order issued by a Federal judge pursuant to paragraph (1) may include the issuance of— (A) a search warrant, as provided under Rule 41 of the Federal Rules of Criminal Procedure; (B) a warrant or order for contents of stored wire or electronic communications or for records related thereto, as provided under [section 2703 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2703&num=0&edition=prelim); (C) an order for a pen register or trap and trace device as provided under [section 3123 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3123&num=0&edition=prelim); or (D) an order requiring the appearance of a person for the purpose of providing testimony or a statement, or requiring the production of documents or other things, or both. **(b) Appointment of Persons To Take Testimony or Statements.—** (1) **In general.—** — In response to an application for execution of a request from a foreign authority as described under subsection (a), a Federal judge may also issue an order appointing a person to direct the taking of testimony or statements or of the production of documents or other things, or both. (2) **Authority of appointed person.—** —

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2510 — Definitions

As used in this chapter— (1) “wire communication” means any aural transfer made in whole or in part through the use of facilities for the transmission of communications by the aid of wire, cable, or other like connection between the point of origin and the point of reception (including the use of such connection in a switching station) furnished or operated by any person engaged in providing or operating such facilities for the transmission of interstate or foreign communications or communications affecting interstate or foreign commerce; (2) “oral communication” means any oral communication uttered by a person exhibiting an expectation that such communication is not subject to interception under circumstances justifying such expectation, but such term does not include any electronic communication; (3) “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States; (4) “intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.11 So in original. The period probably should be a semicolon. (5) “electronic, mechanical, or other device” means any device or apparatus which can be used to intercept a wire, oral, or electronic communication other than— (a) any telephone or telegraph instrument, equipment or facility, or any component thereof, (i) furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business or furnished by such subscriber or user for connection to the facilities of such service and used in the ordina

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2510

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 6628 — Treatment of electronic services provided by Sergeant at Arms

**(a) In general** In this section— (1) the term “agent of the Office of the SAA” includes a provider of electronic communication service or remote computing service commissioned or used through the Office of the SAA by a Senate office to provide such services to the Senate office; (2) the term “covered data” means any electronic mail or other electronic or data communication, other data (including metadata), or other information; (3) the term “electronic communication service” has the meaning given that term in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim); (4) the term “legal process” does not include a subpoena issued in accordance with the Rules of Procedure of the Select Committee on Ethics of the Senate; (5) the term “Office of the SAA” means the Office of the Sergeant at Arms and Doorkeeper of the Senate; (6) the term “provider for a Senate office” means a provider of electronic communication service or remote computing service directly commissioned or used by a Senate office to provide such services; (7) the term “remote computing service” has the meaning given that term in [section 2711 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2711&num=0&edition=prelim); (8) the term “Senate data”, with respect to a Senate office— (A) means covered data of the Senate office; and (B) with respect to an individual described in paragraph (9) acting in a personal capacity, only means covered data that is transmitted, processed, or stored through the use of an electronic system established, maintained, or operated, or the use of electronic services provided, by— (i) a provider for the Senate office, if the Senate office or the Office

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1841 — Definitions

As used in this subchapter: (1) The terms “foreign power”, “agent of a foreign power”, “international terrorism”, “foreign intelligence information”, “Attorney General”, “United States person”, “United States”, “person”, and “State” shall have the same meanings as in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim). (2) The terms “pen register” and “trap and trace device” have the meanings given such terms in [section 3127 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3127&num=0&edition=prelim). (3) The term “aggrieved person” means any person— (A) whose telephone line was subject to the installation or use of a pen register or trap and trace device authorized by this subchapter; or (B) whose communication instrument or device was subject to the use of a pen register or trap and trace device authorized by this subchapter to capture incoming electronic or other communications impulses. (4) (A) The term “specific selection term”— (i) is a term that specifically identifies a person, account, address, or personal device, or any other specific identifier; and (ii) is used to limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device. (B) A specific selection term under subparagraph (A) does not include an identifier that does not limit, to the greatest extent reasonably practicable, the scope of information sought, consistent with the purpose for seeking the use of the pen register or trap and trace device, such as an identifier that— (i) identifies an electronic communication service provider (as that

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1841

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1881 — Definitions

**(a) In general** In this subchapter, the terms “agent of a foreign power”, “Attorney General”, “contents”, “electronic surveillance”, “foreign intelligence information”, “foreign power”, “person”, “United States”, and “United States person” have the meanings given such terms in [section 1801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801&num=0&edition=prelim), except as specifically provided in this subchapter. **(b) Additional definitions** In this subchapter: (1) **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. (2) **Foreign Intelligence Surveillance Court; Court** — The terms “Foreign Intelligence Surveillance Court” and “Court” mean the court established under [section 1803(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/a&num=0&edition=prelim). (3) **Foreign Intelligence Surveillance Court of Review; Court of Review** — The terms “Foreign Intelligence Surveillance Court of Review” and “Court of Review” mean the court established under [section 1803(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1803/b&num=0&edition=prelim). (4) **Electronic communication service provider** — The term “electronic communication service provider” means— (A) a telecommunications carrier, as that term is defined in [section 153 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim); (B) a provider of electronic communication service, as that term is defined in [section 2510

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1881

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Federal law — U.S. Code and appendices · legal_authorities

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** — The term “contents” has the meaning given that term in [section 1801(n) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1801/n&num=0&edition=prelim). (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 153 of title 47](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section153&num=0&edition=prelim); (B) a provider of electronic communication service, as that term is defined in [section 2510 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2510&num=0&edition=prelim); (C) a provider of a remote computing se

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1885

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Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 2711 — Definitions for chapter

Page 669 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 2712 formation is no longer necessary for the purpose for which it was collected and there are no pend- ing requests or orders for access to such infor- mation under subsection (b)(2) or (c)(2) or pursu- ant to a court order. (f) PREEMPTION.—The provisions of this section preempt only the provisions of State or local law that require disclosure prohibited by this section. (Added Pub. L. 100–618, § 2(a)(2), Nov. 5, 1988, 102 Stat. 3195; amended Pub. L. 112–258, § 2, Jan. 10, 2013, 126 Stat. 2414.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Criminal Procedure, referred to in subsec. (b)(2)(C), are set out in the Appendix to this title. PRIOR PROVISIONS A prior section 2710 was renumbered section 2711 of this title. AMENDMENTS 2013—Subsec. (b)(2)(B). Pub. L. 112–258 added subpar. (B) and struck out former subpar. (B) which read as fol- lows: ‘‘to any person with the informed, written con- sent of the consumer given at the time the disclosure is sought;’’. § 2711. Definitions for chapter As used in this chapter— (1) the terms defined in section 2510 of this title have, respectively, the definitions given such terms in that section; (2) the term ‘‘remote computing service’’ means the provision to the public of computer storage or processing services by means of an electronic communications system; (3) the term ‘‘court of competent jurisdic- tion’’ includes— (A) any district court of the United States (including a magistrate judge of such a court) or any United States court of appeals that— (i) has jurisdiction over the offense being investigated; (ii) is in or for a district in which the provider of a wire or electronic commu- nication service is located or in which the wire or

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