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E-Commerce Commission Press Kit

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(D) similarly engaged in the transmission, storage, retrieval,hosting, formatting, or translation (or any combination thereof) ofa communication made by another person, without selection oralteration of the communication.(3) Definitions.--In this subsection:(A) By means of the world wide web.--The term "by means of theWorld Wide Web'' means by placement of material in a computerserver-based file archive so that it is publicly accessible, over theInternet, using hypertext transfer protocol, file transfer protocol, orother similar protocols.(B) Commercial purposes; engaged in the business.--(i) Commercial purposes.--A person shall be considered tomake a communication for commercial purposes only ifsuch person is engaged in the business of making suchcommunications.(ii) Engaged in the business.--The term "engaged in thebusiness'' means that the person who makes acommunication, or offers to make a communication, bymeans of the World Wide Web, that includes any materialthat is harmful to minors, devotes time, attention, or laborto such activities, as a regular course of such person's tradeor business, with the objective of earning a profit as a resultof such activities (although it is not necessary that theperson make a profit or that the making or offering to makesuch communications be the person's sole or principalbusiness or source of income). A person may be consideredto be engaged in the business of making, by means of theWorld Wide Web, communications for commercialpurposes that include material that is harmful to minors,only if the person knowingly causes the material that isharmful to minors to be posted on the World Wide Web orknowingly solicits such material to be posted on the WorldWide Web.(C) Internet.--The term "Internet'' means collectively the myriad ofcomputer and telecommunications facilities, including equipmentand operating software, which comprise the interconnected worldwidenetwork of networks that employ the Transmission ControlProtocol/Internet Protocol, or any predecessor or successorprotocols to such protocol, to communicate information of allkinds by wire or radio.3

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