Definitions

In this Act: (1) Child pornography; minor The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code. (2) Commission The term Commission means the Federal Trade Commission. (3) Covered platform The term covered platform — (A) means an entity— (i) that is an interactive computer service; (ii) that— (I) is engaged in interstate or foreign commerce; or (II) purposefully avails itself of the United States market or a portion thereof; and (iii) for which it is in the regular course of the trade or business of the entity to create, host, or make available content that meets the definition of harmful to minors under paragraph (4) and that is provided by the entity, a user, or other information content provider, with the objective of earning a profit; and (B) includes an entity described in subparagraph (A) regardless of whether— (i) the entity earns a profit on the activities described in subparagraph (A)(iii); or (ii) creating, hosting, or making available content that meets the definition of harmful to minors under paragraph (4) is the sole source of income or principal business of the entity. (4) Harmful to minors The term harmful to minors, with respect to a picture, image, graphic image file, film, videotape, or other visual depiction, means that the picture, image, graphic image file, film, videotape, or other depiction— (A) (i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious, literary, artistic, political, or scientific value as to minors; (B) is obscene; or (C) is child pornography. (5) Information content provider; interactive computer service The terms information content provider and interactive computer service have the meanings given those terms in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)). (6) Sexual act; sexual contact The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. (7) Technology verification measure The term technology verification measure means technology that— (A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any content on a covered platform. (8) Technology verification measure data The term technology verification measure data means information that— (A) identifies, is linked to, or is reasonably linkable to an individual or a device that identifies, is linked to, or is reasonably linkable to an individual; (B) is collected or processed for the purpose of fulfilling a request by an individual to access any content on a covered platform; and (C) is collected and processed solely for the purpose of utilizing a technology verification measure and meeting the obligations imposed under this Act.