Page:United States Statutes at Large Volume 112 Part 4.djvu/766

 112 STAT. 2681-737 PUBLIC LAW 105-277—OCT. 21, 1998 each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. "(b) INAPPLICABILITY OF CARRIERS AND OTHER SERVICE PROVID- ERS. —For purposes of subsection (a), a person shall not be considered to make any communication for commercial purposes to the extent that such person is— "(1) a telecommunications carrier engaged in the provision of a telecommunications service; "(2) a person engaged in the business of providing an Internet access service; "(3) a person engaged in the business of providing an Internet information location tool; or "(4) 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 content of the communication, except that such person's deletion of a particular communication or material made by another person in a manner consistent with subsection (c) or section 230 shall not constitute such selection or alteration of the content of the communication. "(c) AFFIRMATIVE DEFENSE.— "(1) DEFENSE.— It is an affirmative defense to prosecution under this section that the defendant, in good faith, has restricted access by minors to material that is harmful to minors— "(A) by requiring use of a credit card, debit account, adult access code, or adult personal identification number; "(B) by accepting a digital certificate that verifies age; or "(C) by any other reasonable measures that are feasible under available technology. "(2) PROTECTION FOR USE OF DEFENSES. —No cause of action may be brought in any court or administrative agency against any person on account of £my activity that is not in violation of any law punishable by criminal or civil penalty, and that the person has taken in good faith to implement a defense authorized under this subsection or otherwise to restrict or prevent the transmission of, or access to, a communication specified in this section. " (d) PRIVACY PROTECTION REQUIREMENTS.— "(1) DISCLOSURE OF INFORMATION LIMITED.— A person making a communication described in subsection (a)— "(A) shall not disclose any information collected for the purposes of restricting access to such communications to individuals 17 years of age or older without the prior written or electronic consent of— "(i) the individual concerned, if the individual is an adult; or "(ii) the individual's parent or guardian, if the individual is under 17 years of age; and "(B) shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the person making such communication and the recipient of such communication. "(2) EXCEPTIONS.—A person making a communication described in subsection (a) may disclose such information if the disclosure is—

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