Page:United States Statutes at Large Volume 112 Part 4.djvu/749

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-720 (B) a person engaged in the business of providing an Internet access service; (C) a person engaged in the business of providing an Internet information location tool; or (D) similarly engaged in the transmission, storage, retrieval, hosting, formatting, or translation (or any combination thereof) of a communication made by another person, without selection or alteration of the communication. (3) DEFINITIONS.— In this subsection: (A) BY MEANS OF THE WORLD WIDE WEB. —The term "by means of the World Wide Web" means by placement of material in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol, file transfer protocol, or other similar protocols. (B) COMMERCIAL PURPOSES; ENGAGED IN THE BUSI- NESS.— (i) COMMERCIAL PURPOSES.—A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. (ii) ENGAGED IN THE BUSINESS. —The term "engaged in the business" means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or Isibor to such activities, as a regular course of such person's trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person's sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmfiil to minors to be posted on the World Wide W(}b or knowingly solicits such material to be posted on the World Wide Web. (C) INTERNET.— The term "Internet" means collectively the m)aiad of computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected world-wide network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio. (D) INTERNET ACCESS SERVICE.—The term "Internet access service" means a service that enables users to access content, information, electronic mail, or other services offered over the Internet and may also include access to proprietary content, information, and other services as part of a package of services offered to consumers. Such term does not include telecommunications services. (E) INTERNET INFORMATION LOCATION TOOL.— The term "Internet information location tool" means a service that

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