30-25-201. Definitions. As used in this part, unless the context clearly indicates otherwise, the following definitions apply:

(1) "Child sexual abuse material" means child pornography as defined in 18 U.S.C. 2256.

(2) (a) "Content provider" means any person or entity that is responsible, in whole or in part, for the active creation, production, publication, distribution, or storage of content provided through the internet or any other interactive computer service. The term includes but is not limited to a website and social media platform as defined in 42 U.S.C. 1862w(a)(2).

(b) The term does not include a portion of business activity that solely provides:

(i) hosting services to third parties, which includes server hosting, database hosting, application hosting, e-mail hosting, container hosting, data warehouse hosting, or cloud computing providers;

(ii) a general use browser that retrieves and displays information from an interactive computer service without regard for the substance of the information;

(iii) an internet services provider as defined in 2-17-602;

(iv) ownership, maintenance, or operation of physical internet infrastructure, which includes but is not limited to fiber optic lines, routers, satellites, and cell towers; or

(v) a search engine.

(3) "Department" means the department of justice provided for in 2-15-2001.

(4) "Hyperlink" means the representation using numbers, letters, and symbols of an internet address in a form that an internet browser application can recognize as an internet address.

(5) "Interactive computer service" means any information service, system, or access software provider that 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.

(6) "Private person" means any person other than an officer or employee of a state or local government entity in this state.

(7) "Reasonably accessible" means that a person may obtain access by utilizing reasonably available retail technology services, regardless of the general policies or practices of the content provider or interactive computer service.

(8) "Search engine" means technology and systems that use algorithms to sift through and index as third-party websites and content on the internet in response to search queries entered by a user.

(9) "Sexually explicit" means involving actual or simulated:

(a) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;

(b) bestiality;

(c) masturbation;

(d) sadistic or masochistic abuse; or

(e) lascivious exhibition of the anus, genitals, or pubic area of any person.

(10) "Substantial amount" means an amount equal to or greater than 30% of the total visual content created, produced, published, distributed, maintained, or otherwise managed by the content provider.

(11) "Victim" means a person who is depicted in child sexual abuse material and, at the time the person is depicted in the child sexual abuse material, is a minor.