Page:United States Statutes at Large Volume 112 Part 4.djvu/767

 PUBLIC LAW 105-277—OCT. 21, 1998 112 STAT. 2681-738 "(A) necessary to make the communication or conduct a legitimate business activity related to making the communication; or "(B) made pursuant to a court order authorizing such disclosure. "(e) DEFINITIONS.—For purposes of this subsection, the following definitions shall apply: "(1) 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 h5rpertext transfer protocol '*' or any successor protocol. " (2) COMMERCIAL PURPOSES; ENGAGED IN THE BUSINESS.— "(A) COMMERCIAL PURPOSES.— A person shall be considered to make a commimication for commercial purposes only if such person is engaged in the business of making such communications. "(B) 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 labor 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 harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web. "(3) INTERNET.— The term 'Internet' means the combination ,; of computer facilities and electromagnetic transmission media, and related equipment and software, comprising the interconnected worldwide network of computer networks that employ the Transmission Control Protocol/Internet Protocol or any successor protocol to transmit information. "(4) 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. "(5) INTERNET INFORMATION LOCATION TOOL.— The term 'Internet information location tool' means a service that refers or links users to an online location on the World Wide Web. Such term includes directories, indices, references, pointers, and hypertext links. "(6) 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—

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