Utah Code 76-10-1230. Definitions

76-10-1230. Definitions.
As used in Sections 76-10-1231 and 76-10-1233:

(1)	“Consumer” means an individual residing in this state who subscribes to a service provided by a service provider for personal or residential use.

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Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

(2)	“Content provider” means a person domiciled in Utah or that generates or hosts content in Utah, and that creates, collects, acquires, or organizes electronic data for electronic delivery to a consumer with the intent of making a profit.

(3)

(a)	“Hosting company” means a person that provides services or facilities for storing or distributing content over the Internet without editorial or creative alteration of the content.

(b)	A hosting company may have policies concerning acceptable use without becoming a content provider under Subsection (2).

(4)	“Internet service provider” means a person engaged in the business of providing broadband Internet access service, with the intent of making a profit, to consumers in Utah.

(5)

“Properly rated” means content using a labeling system to label material harmful to minors provided by the content provider in a way that:

(a)	accurately apprises a consumer of the presence of material harmful to minors; and

(b)	allows the consumer the ability to control access to material harmful to minors based on the material’s rating by use of reasonably priced commercially available software, including software in the public domain.

(6)

“Restrict” means to limit access to material harmful to minors by:

(a)	properly rating content; or

(b)	any other reasonable measures feasible under available technology.

(7)

(a)	Except as provided in Subsection (7)(b), “service provider” means an Internet service provider.

(b)

“Service provider” does not include a person who does not terminate a service in this state, but merely transmits data through:

(i)

a wire;

(ii)	a cable; or

(iii)

an antenna.

(c)	“Service provider,” notwithstanding Subsection (7)(b), includes a person who meets the requirements of Subsection (7)(a) and leases or rents a wire or cable for the transmission of data.

Amended by Chapter 164, 2018 General Session