Definitions

In this Act: (1) Commercial age verification system The term commercial age verification system means a system that— (A) verifies the age of an individual by using— (i) government-issued identification; (ii) a reasonable method that relies on public or private transactional data; or (iii) any other method or document that reliably and accurately indicates if a user of a covered commercial entity is a minor; and (B) can be used to prevent a minor from accessing the sexual material harmful to minors of a covered commercial entity. (2) Commercial entity The term commercial entity — (A) means a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized business entity; (B) includes a social media platform; and (C) does not include a news-gathering organization that as its primary business publishes bona fide news or public interest broadcasts, website videos, reports, or events. (3) Commission The term Commission means the Federal Trade Commission. (4) Covered commercial entity The term covered commercial entity — (A) means a commercial entity that knowingly and intentionally publishes or distributes on an internet website material, of which greater than 1/3 of which is sexual material harmful to minors, as determined by the Commission; and (B) includes any officer, director, or employee of a commercial entity described in subparagraph (A) while engaged in the performance of the duties of the individual as an officer, director, or employee. (5) Digital identification The term digital identification means information stored on a digital network that— (A) may be accessed by a covered commercial entity; and (B) serves as a reasonable indication of the age of an individual. (6) Distribute The term distribute means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means. (7) Minor The term minor means an individual who is under 18 years of age. (8) Publish The term publish means to communicate or make information available to another person on a publicly available internet website. (9) Sexual material harmful to minors The term sexual material harmful to minors means any material that— (A) the average individual applying contemporary community standards would find, taking the material as a whole and with respect to minors, is designed to appeal to or pander to the prurient interest; (B) in a manner patently offensive with respect to minors, exploits, is devoted to, or principally consists of descriptions of, actual, simulated, or animated displays or depictions of sexual acts or sexual contact as defined in section 2246 of title 18, United States Code; and (C) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (10) Transactional data The term transactional data means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third party.