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Electronic Communication Services (Part III)

By Kristopher A. Nelson in

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Electronic bulletin boards also fall within the realm of “electronic communication services.” See Kaufman v. Nest Seekers, LLC, 2006 U.S. Dist. LEXIS 71104, 16 (S.D.N.Y. 2006) (“An electronic bulletin board fits within the definition of an electronic communication service provider”).

18 U.S.C. § 2510(14) defines “electronic communications system” to mean “any wire, radio, electromagnetic, photooptical or photoelectronic facilities for the transmission of wire or electronic communications, and any computer facilities or related electronic equipment for the electronic storage of such communications.”

One trial court noted that the term “electronic communication service” applied to ISPs and telecommunication companies which provide the means upon which Internet communications travel. In re Doubleclick Privacy Litig., 154 F. Supp. 2d 497, 508, 511 n. 20 (S.D.N.Y. 2001).