Protection of data entrusted to intermediary or ancillary service providers

(a) Definition Section 2711 of title 18, United States Code, as amended by section 503 of this Act, is amended by adding at the end the following: (6) the term intermediary or ancillary service provider means an entity or facilities owner or operator that directly or indirectly delivers, transmits, stores, or processes communications or any other covered personal data (as defined in section 2702(e) of this title) for, or on behalf of, an online service provider.. (b) Prohibition Section 2702(a) of title 18, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2)(B), by striking and at the end; (3) in paragraph (3), by striking the period at the end and inserting; and; and (4) by adding at the end the following: (4) an intermediary or ancillary service provider may not knowingly disclose— (A) to any person or entity the contents of a communication while in electronic storage by that intermediary or ancillary service provider; or (B) to any governmental entity a record or other information pertaining to a subscriber to or customer of, a recipient of a communication from a subscriber to or customer of, or the sender of a communication to a subscriber to or customer of, the online service provider for, or on behalf of, which the intermediary or ancillary service provider directly or indirectly delivers, transmits, stores, or processes communications or any other covered personal data (as defined in subsection (e))..