Definitions

In this Act:

• (1) COMMISSION.—The term “Commission” means the Federal Trade Commission.

• (2) CONSENT; DIGITAL FORGERY; IDENTIFIABLE INDIVIDUAL; INTIMATE VISUAL DEPICTION.—The terms “consent”, “digital forgery”, “identifiable individual”, “intimate visual depiction”, and “minor” have the meaning given such terms in section 223(h) of the Communications Act of 1934 (47 U.S.C. 223), as added by section 2.

• (3) COVERED PLATFORM.—

  • (A) IN GENERAL.—The term “covered platform” means a website, online service, online application, or mobile application—

    • (i) that serves the public; and

    • (ii)

      • (I) that primarily provides a forum for user-generated content, including messages, videos, images, games, and audio files; or

      • (II) for which it is in the regular course of trade or business of the website, online service, online application, or mobile application to publish, curate, host, or make available content of nonconsensual intimate visual depictions.

  • (B) EXCLUSIONS.—The term “covered platform” shall not include the following:

    • (i) A provider of broadband internet access service (as described in section 8.1(b) of title 47, Code of Federal Regulations, or successor regulation).

    • (ii) Electronic mail.

    • (iii) Except as provided in subparagraph (A)(ii)(II), an online service, application, or website—

      • (I) that consists primarily of content that is not user generated but is preselected by the provider of such online service, application, or website; and

      • (II) for which any chat, comment, or interactive functionality is incidental to, directly related to, or dependent on the provision of the content described in subclause (I).