Fla. Admin. Code Ann. R. 2-44.001 - Age Verification for Online Access to Materials Harmful to Minors - Definitions; Calculation of Proportion of Material
(1) Definitions -
As used in this rule chapter and Section
501.1737, F.S.:
(a) "Commercially reasonable method of age
verification" means a method of verifying age that is regularly used by the
government or businesses for the purpose of age and identity
verification.
(b) "Material on a
website or application" means all documents, photographs, films, recordings of
any type, data processing software, or other items that are subject to
recording, sharing, or transmitting that exist on a website or application that
is visible or could be visible to a user who accesses the website or
application, regardless of whether any user actually views the
material.
(c) "Total" means the
complete amount based on a quantifiable unit of measurement, including, but not
limited to, number of files, occurrences, gigabytes, regardless of the amount
of time taken to view or observe the content.
(d) "Website" includes any portion of
material/webpage available only by way of account.
(2) Proportion of Material - As used in this
rule and Section 501.1737, F.S.:
(a) Commercial entities must calculate the
proportion of 33.3% of total material on a website or application such that it
measures the total material on a website or application that is available to
any minor, regardless of the medium in which it is available.
(b) The proportion must be based on measuring
all content posted on a website or application. Any portion of harmful material
on a single piece of content renders the entire piece of content
harmful.
(c) The proportion must be
calculated regardless of the existence of any framework that entails creation
of an account to access any material. Webpage includes any portion of website
available only by way of account.
Notes
Rulemaking Authority 501.1737(9) FS. Law Implemented 501.1737 FS.
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