Page:United States Statutes at Large Volume 122.djvu/2491

 12 2 STA T . 2 468PUBLIC LA W 11 0– 261 —J UL Y 10, 2008 ‘ ‘ (C)aprovide ro f are m o t e c omp u ti ngs ervice , ast h at term is defined in section 271 1oftit l e1 8, U nited S tates Code ‘‘( D )an y other communication service provider w ho has access to wire or electronic communications either as such communications are transmitted or as such commu - nications are stored; ‘‘( E ) a parent, su b sidiary, 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) . ‘‘(7) INTEL L IG EN C EC OM M U NIT Y . —T he term ‘intelligence community ’ has the meaning given the term in section 3 ( 4 ) of the N ational Security Act of 1 9 47( 50 U.S.C. 401a(4)). ‘‘(8) P E RS ON.—The term ‘person’ means— ‘‘(A) an electronic communication service provider; or ‘‘(B) a landlord, custodian, or other person who may be authori z edorre q uired 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 L aw 110 – 55), or 702(h). ‘‘(9) ST A TE.—The term ‘State’ means any State, political subdivision of a State, the Commonwealth of Puerto R ico, the District of Columbia, and any territory or possession of the United States, and includes any officer, public utility commis- sion, or other body authorized to regulate an electronic commu- nication service provider. ‘ ‘ SEC.802 . PRO CE DU RES F OR IM P L EME NT IN G ST A TUTOR Y DEFENSES. ‘‘(a) RE Q UIREMENT F OR CERTIFICATION.—Notwithstanding any other provision of law, a civil action may not lie or be maintained in a Federal or State court against any person for providing assist- ance to an element of the intelligence community, and shall be promptly dismissed, if the Attorney G eneral certifies to the district court of the United States in which such action is pending that— ‘‘(1) any assistance by that person was provided pursuant to an order of the court established under section 103(a) directing such assistance; ‘‘(2) any assistance by that person was provided pursuant to a certification in writing under section 2511(2)(a)(ii)(B) or 2709(b) of title 18, United States Code; ‘‘(3) any assistance by that person was provided pursuant to 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) directing such assistance; ‘‘(4) in the case of a covered civil action, the assistance alleged to have been provided by the electronic communication service provider was— ‘‘(A) in connection with an intelligence activity involving communications that was— 50USC18 85 a.

�