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SEC. 102. DEFINITIONS.
For purposes of this title--
(1) The terms defined in section 2510 of title 18,
United States Code, have, respectively, the meanings
stated in that section.
(2) The term `Call-identifying information' means
dialing or signaling information that identifies the
origin, direction, destination, or termination of each
communication generated or received by a subscriber by
means of any equipment, facility, or service of a
telecommunications carrier.
(3) The term `Commission' means the Federal
Communications Commission.
(4) The term `Electronic messaging services' means
software-based services that enable the sharing of
data, images, sound, writing, or other information
among computing devices controlled by the senders or
recipients of the messages.
(5) The term `Government' means the government of
the United States and any agency or instrumentality
thereof, the District of Columbia, any commonwealth,
territory, or possession of the United States, and any
State or political subdivision thereof authorized by
law to conduct electronic surveillance.
(6) The term `Information services'--
(A) means the offering of a capability for
generating, acquiring, storing, transforming,
processing, retrieving, utilizing, or making
available information via telecommunications; and
(B) includes--
(i) a service that permits a customer to
retrieve stored information from, or file
information for storage in, information storage
facilities;
(ii) electronic publishing; and
(iii) electronic messaging services; but
(C) does not include any capability for a
telecommunications carrier's internal management,
control, or operation of its telecommunications
network.
(7) The term `Telecommunications support services'
means a product, software, or service used by a
telecommunications carrier for the internal signaling
or switching functions of its telecommunications
network.
(8) The term `Telecommunications carrier'--
(A) means a person or entity engaged in the
transmission or switching of wire or electronic
communications as a common carrier for hire; and
(B) includes--
(i) a person or entity engaged in providing
commercial mobile service (as defined in section
332(d) of the Communications Act of 1934 (47
U.S.C. 332(d))); or
(ii) a person or entity engaged in providing wire
or electronic communication switching or
transmission service to the extent that the
Commission finds that such service is a
replacement for a substantial portion of the local
telephone exchange service and that it is in the
public interest to deem such a person or entity to
be a telecommunications carrier for purposes of
this title; but
(C) does not include--
(i) persons or entities insofar as they are
engaged in providing information services; and
(ii) any class or category of telecommunications
carriers that the Commission exempts by rule after
consultation with the Attorney General.
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