Page:United States Statutes at Large Volume 112 Part 4.djvu/750

 112 STAT. 2681-721 PUBLIC LAW 105-277 —OCT. 21, 1998 refers or links users to an online location on the World Wide Web. Such term includes directories, indices, ref- erences, pointers, and hjqjertext links. (F) MATERIAL THAT IS HARMFUL TO MINORS.—The term "material that is harmful to minors" means any communication, picture, image, graphic image file, article, recording, writing, or other matter of any kind that is obscene or that— (i) the average person, applying contemporary community standards, would find, taking the material as a whole and with respect to minors, is designed to appeal to, or is designed to pander to, the prurient interest; (ii) depicts, describes, or represents, in a manner patently offensive with respect to minors, an actual or simulated sexual act or sexual contact, an actual or simulated normal or perverted sexual act, or a lewd exhibition of the genitals or post-pubescent female breast; and (iii) taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. (G) MINOR.—The term "minor" means any person under 17 years of age. (H) TELECOMMUNICATIONS CARRIER; TELECOMMUNI- CATIONS SERVICE.— The terms "telecommunications carrier" and "telecommunications service" have the meanings given such terms in section 3 of the Communications Act of 1934 (47 U.S.C. 153). if) ADDITIONAL EXCEPTION TO MORATORIUM. — (1) IN GENERAL. —Subsection (a) shall also not apply with respect to an Internet access provider, unless, at the time of entering into an agreement with a customer for the provision of Internet access services, such provider offers such customer (either for a fee or at no charge) screening software that is designed to permit the customer to limit access to material on the Internet that is harmfiil to minors. (2) DEFINITIONS. —In this subsection: (A) INTERNET ACCESS PROVIDER. —The term 'Internet access provider' means a person engaged in the business of providing a computer and communications facility through which a customer may obtain access to the Internet, but does not include a common carrier to the extent that it provides only telecommunications services. (B) INTERNET ACCESS SERVICES.—The term 'Internet access services' means the provision of computer and communications services through which a customer using a computer and a modern or other communications device may obtain access to the Internet, but does not include telecommunications services provided by a common carrier. (C) SCREENING SOFTWARE.—The term "screening software" means software that is designed to permit a person to limit access to material on the Internet that is harmful to minors. (3) APPLICABILITY.—Paragraph (1) shall apply to agreements for the provision of Internet access services entered into on or after the date that is 6 months after the date of enactment of this Act.

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