An online service provider is, in ordinary usage, a person or organization that makes a service available over the Internet. The phrase is a broad description, not one universal legal category: a provider might supply Internet access, transmit communications, host content, or enable users to access an online service. In U.S. law, the applicable definition depends on the statute and the provider’s actual function.
What does “online service provider” mean?
The phrase describes a provider by what it makes available online, rather than by one specific technology or business model. It can refer to an organization offering communication, information access, hosting, or another Internet-based service. Because the phrase is broad, it does not by itself establish how a provider is classified under a particular law.
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For a legal question, start with the provider’s function: does it give users Internet access, transmit user-selected material, enable access to a server, host material, or perform another online role? Then identify the law and the specific provision that applies. The same organization may perform several functions, and different laws may treat those functions differently.
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Interactive computer service under Section 230
Section 230 of the Communications Act defines “interactive computer service” by reference to services or systems that enable multiple users to access a computer server. Its definition expressly includes Internet access systems and certain services or systems operated by libraries or educational institutions. The statutory text reads: “The term ‘interactive computer service’ means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions.” (47 U.S.C. § 230(f)(2))
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This is a functional definition; it is not limited to companies selling home Internet connections. But it is a specific statutory category, not a universal definition of every online service provider. The label alone also does not decide whether a provider has liability or qualifies for a particular legal protection.
Copyright “service provider” under Section 512
The Copyright Act defines “service provider” specifically for purposes of Section 512, and the definition changes depending on the subsection. For subsection (a), it covers an entity offering transmission, routing, or connections for digital online communications between or among points specified by a user, involving material selected by the user, without modifying the content as sent or received.
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For the other provisions of Section 512, the definition is broader. The statute says: “As used in this section, other than subsection (a), the term ‘service provider’ means a provider of online services or network access, or the operator of facilities therefor, and includes an entity described in subparagraph (A).” (17 U.S.C. § 512(k)(1))
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Online service provider vs. internet service provider
An internet service provider (ISP) ordinarily provides customers or networks with Internet access. An online service provider is the broader everyday description: Internet access is one online function, while hosting, communication, server access, or other online services are different functions. An ISP may also offer email, hosting, security, or voice services, but those additional offerings are not what makes it an access provider.
| Term | What it describes | Legal scope |
|---|---|---|
| Online service provider | In ordinary usage, a person or organization offering a service over the Internet. | No single universal legal definition is established by the phrase alone. |
| Internet service provider (ISP) | Ordinarily, a provider of Internet access to customers or networks. | The term describes an access-provider function; additional offerings do not change what makes the provider an ISP. Cornell LII |
| Interactive computer service | A service or system enabling multiple users’ computer access to a server, including Internet access systems and specified library or educational services. | A defined term under 47 U.S.C. § 230(f)(2). Statutory text |
| Copyright “service provider” | Depending on the subsection, a provider performing specified transmission functions or a provider of online services or network access, including operators of facilities for them. | A definition limited to 17 U.S.C. § 512, with separate scope for subsection (a) and the rest of the section. Statutory text |
The terms can overlap, but they are not interchangeable. A company might provide Internet access and additional online services; which category matters depends on the statute and the activity at issue.
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How to assess a provider in a specific case
- Identify the jurisdiction and legal issue. A U.S. statutory definition may not answer a question governed by another jurisdiction or another law.
- Pinpoint the statute and provision. For example, Section 230’s “interactive computer service” definition and Section 512’s copyright “service provider” definition have different wording and scope.
- Describe the provider’s actual function. Determine whether it supplied access, transmitted user-selected material, enabled server access, operated facilities, hosted content, or performed another role.
- Apply the relevant facts to that provision. A marketing label or directory entry alone does not settle the legal classification or outcome.
This is a general overview of U.S. terminology, not a classification of any particular company or a determination of liability. A real dispute may turn on the governing law, the exact claim, current statutory text, controlling decisions, and what the provider did.
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