engaged in the business

(2) Commercial purposes; engaged in the business (A) Commercial purposes A person shall be considered to make a communication for commercial purposes only if such person is engaged in the business of making such communications. (B) Engaged in the business The term “engaged in the business” means that the person who makes a communication, or offers to make a communication, by means of the World Wide Web, that includes any material that is harmful to minors, devotes time, attention, or labor to such activities, as a regular course of such person’s trade or business, with the objective of earning a profit as a result of such activities (although it is not necessary that the person make a profit or that the making or offering to make such communications be the person’s sole or principal business or source of income). A person may be considered to be engaged in the business of making, by means of the World Wide Web, communications for commercial purposes that include material that is harmful to minors, only if the person knowingly causes the material that is harmful to minors to be posted on the World Wide Web or knowingly solicits such material to be posted on the World Wide Web.

Source

47 USC § 231(e)(2)


Scoping language

For purposes of this subsection
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