(a) As used in this chapter, the following terms have the meanings as defined in this section, unless the context clearly indicates otherwise:(a) “Broadband provider” means a provider of a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service. This term also encompasses any service that is a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this chapter.(b) “Cloud service provider” means a provider of an Internet service for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources, such as networks, servers, storage, applications, and services that can be rapidly provisioned and released with minimal management effort or service provider interaction.(c) “E-commerce platform” means any web-based or smartphone application-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of physical goods, or that enables sellers not directly affiliated with an operator of a web-based platform or smartphone application-based platform to sell physical goods through the web to consumers located in the United States.(d) “Electronic mail service” means a service for the sending or receiving of electronic mail messages.(e) “Electronic mail message” means a message sent or delivered to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed.(f) “Covered interactive computer service” means any information service, system, or access software provider that (1) provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (2) is used or reasonably likely to be used by minors; and (3) that has any feature or component that will encourage or increase the frequency, time spent, or activity of minors on the covered interactive computer service, including, without limitation, any of the following features:(i) Infinite scrolling or auto play;(ii) Rewards or incentives based on the frequency, time spent, or activity of minors on the covered platform;(iii) Notifications and push alerts;(iv) Badges or other visual award symbols based on the frequency, time spent, or activity of minors on the covered platform;(v) Personalized design features;(vi) In-game purchases; or(vii) Appearance altering filters.(g) “Material harmful to minors” means all of the following:(i) Any material that 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) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:1. Pubic hair, anus, vulva, genitals or nipple of the female breast;2. Touching, caressing or fondling of nipples, breasts, buttocks, anuses or genitals; or3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions or any other sexual act; and(iii) The material taken as a whole lacks serious literary, artistic, political or scientific value for minors.(h) “Minor” means any person who is under the age of eighteen (18) years.(i) “News-gathering organization” means any of the following:(i) An employee of a newspaper, news publication or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph (i), who can provide documentation of such employment with the newspaper, news publication or news source; or(ii) An employee of a radio broadcast station, television broadcast station, cable television operator or wire service while operating as an employee as provided in this subparagraph (ii), who can provide documentation of such employment.(j) “Telephone service” means any service for making or receiving voice calls using an Internet connection.(k) “Text message”(i) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;(ii) Includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and(iii) Does not include:1. A real-time, two-way voice or video communication; or2. A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii).(l) “Text message service” means a service for the sending or receiving of text messages.(m) “Video streaming service” means any commercial service that predominantly makes video programming available directly to consumers, in exchange for a subscription fee or other payment, through a distribution method that uses the Internet protocol, but does not include any service that is offered through a website subject to the requirements of section 11-77-1 et seq.
(a) “Broadband provider” means a provider of a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service. This term also encompasses any service that is a functional equivalent of the service described in the previous sentence or that is used to evade the protections set forth in this chapter.
(b) “Cloud service provider” means a provider of an Internet service for enabling ubiquitous, convenient, on-demand network access to a shared pool of configurable computing resources, such as networks, servers, storage, applications, and services that can be rapidly provisioned and released with minimal management effort or service provider interaction.
(c) “E-commerce platform” means any web-based or smartphone application-based platform that includes features primarily designed for arranging the sale, purchase, payment, or shipping of physical goods, or that enables sellers not directly affiliated with an operator of a web-based platform or smartphone application-based platform to sell physical goods through the web to consumers located in the United States.
(d) “Electronic mail service” means a service for the sending or receiving of electronic mail messages.
(e) “Electronic mail message” means a message sent or delivered to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “local part”) and a reference to an Internet domain (commonly referred to as the “domain part”), whether or not displayed.
(f) “Covered interactive computer service” means any information service, system, or access software provider that (1) provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions; (2) is used or reasonably likely to be used by minors; and (3) that has any feature or component that will encourage or increase the frequency, time spent, or activity of minors on the covered interactive computer service, including, without limitation, any of the following features:(i) Infinite scrolling or auto play;(ii) Rewards or incentives based on the frequency, time spent, or activity of minors on the covered platform;(iii) Notifications and push alerts;(iv) Badges or other visual award symbols based on the frequency, time spent, or activity of minors on the covered platform;(v) Personalized design features;(vi) In-game purchases; or(vii) Appearance altering filters.
(i) Infinite scrolling or auto play;
(ii) Rewards or incentives based on the frequency, time spent, or activity of minors on the covered platform;
(iii) Notifications and push alerts;
(iv) Badges or other visual award symbols based on the frequency, time spent, or activity of minors on the covered platform;
(v) Personalized design features;
(vi) In-game purchases; or
(vii) Appearance altering filters.
(g) “Material harmful to minors” means all of the following:(i) Any material that 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) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:1. Pubic hair, anus, vulva, genitals or nipple of the female breast;2. Touching, caressing or fondling of nipples, breasts, buttocks, anuses or genitals; or3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions or any other sexual act; and(iii) The material taken as a whole lacks serious literary, artistic, political or scientific value for minors.
(i) Any material that 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) Any of the following material that exploits, is devoted to, or principally consists of descriptions of actual, simulated or animated display or depiction of any of the following, in a manner patently offensive with respect to minors:1. Pubic hair, anus, vulva, genitals or nipple of the female breast;2. Touching, caressing or fondling of nipples, breasts, buttocks, anuses or genitals; or3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions or any other sexual act; and
1. Pubic hair, anus, vulva, genitals or nipple of the female breast;
2. Touching, caressing or fondling of nipples, breasts, buttocks, anuses or genitals; or
3. Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, excretory functions, exhibitions or any other sexual act; and
(iii) The material taken as a whole lacks serious literary, artistic, political or scientific value for minors.
(h) “Minor” means any person who is under the age of eighteen (18) years.
(i) “News-gathering organization” means any of the following:(i) An employee of a newspaper, news publication or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph (i), who can provide documentation of such employment with the newspaper, news publication or news source; or(ii) An employee of a radio broadcast station, television broadcast station, cable television operator or wire service while operating as an employee as provided in this subparagraph (ii), who can provide documentation of such employment.
(i) An employee of a newspaper, news publication or news source, printed or on an online or mobile platform, of current news and public interest, while operating as an employee as provided in this subparagraph (i), who can provide documentation of such employment with the newspaper, news publication or news source; or
(ii) An employee of a radio broadcast station, television broadcast station, cable television operator or wire service while operating as an employee as provided in this subparagraph (ii), who can provide documentation of such employment.
(j) “Telephone service” means any service for making or receiving voice calls using an Internet connection.
(k) “Text message”(i) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;(ii) Includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and(iii) Does not include:1. A real-time, two-way voice or video communication; or2. A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii).
(i) Means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;
(ii) Includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and
(iii) Does not include:1. A real-time, two-way voice or video communication; or2. A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii).
1. A real-time, two-way voice or video communication; or
2. A message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii).
(l) “Text message service” means a service for the sending or receiving of text messages.
(m) “Video streaming service” means any commercial service that predominantly makes video programming available directly to consumers, in exchange for a subscription fee or other payment, through a distribution method that uses the Internet protocol, but does not include any service that is offered through a website subject to the requirements of section 11-77-1 et seq.