47 U.S.C. § 231 : US Code - Section 231: Restriction of access by minors to materials commercially distributed by means of World Wide Web that are harmful to minors

    (a) Requirement to restrict access
      (1) Prohibited conduct
        Whoever knowingly and with knowledge of the character of the
      material, in interstate or foreign commerce by means of the World
      Wide Web, makes any communication for commercial purposes that is
      available to any minor and that includes any material that is
      harmful to minors shall be fined not more than $50,000,
      imprisoned not more than 6 months, or both.
      (2) Intentional violations
        In addition to the penalties under paragraph (1), whoever
      intentionally violates such paragraph shall be subject to a fine
      of not more than $50,000 for each violation. For purposes of this
      paragraph, each day of violation shall constitute a separate
      violation.
      (3) Civil penalty
        In addition to the penalties under paragraphs (1) and (2),
      whoever violates paragraph (1) shall be subject to a civil
      penalty of not more than $50,000 for each violation. For purposes
      of this paragraph, each day of violation shall constitute a
      separate violation.
    (b) Inapplicability of carriers and other service providers
      For purposes of subsection (a) of this section, a person shall
    not be considered to make any communication for commercial purposes
    to the extent that such person is - 
        (1) a telecommunications carrier engaged in the provision of a
      telecommunications service;
        (2) a person engaged in the business of providing an Internet
      access service;
        (3) a person engaged in the business of providing an Internet
      information location tool; or
        (4) similarly engaged in the transmission, storage, retrieval,
      hosting, formatting, or translation (or any combination thereof)
      of a communication made by another person, without selection or
      alteration of the content of the communication, except that such
      person's deletion of a particular communication or material made
      by another person in a manner consistent with subsection (c) of
      this section or section 230 of this title shall not constitute
      such selection or alteration of the content of the communication.
    (c) Affirmative defense
      (1) Defense
        It is an affirmative defense to prosecution under this section
      that the defendant, in good faith, has restricted access by
      minors to material that is harmful to minors - 
          (A) by requiring use of a credit card, debit account, adult
        access code, or adult personal identification number;
          (B) by accepting a digital certificate that verifies age; or
          (C) by any other reasonable measures that are feasible under
        available technology.
      (2) Protection for use of defenses
        No cause of action may be brought in any court or
      administrative agency against any person on account of any
      activity that is not in violation of any law punishable by
      criminal or civil penalty, and that the person has taken in good
      faith to implement a defense authorized under this subsection or
      otherwise to restrict or prevent the transmission of, or access
      to, a communication specified in this section.
    (d) Privacy protection requirements
      (1) Disclosure of information limited
        A person making a communication described in subsection (a) of
      this section - 
          (A) shall not disclose any information collected for the
        purposes of restricting access to such communications to
        individuals 17 years of age or older without the prior written
        or electronic consent of - 
            (i) the individual concerned, if the individual is an
          adult; or
            (ii) the individual's parent or guardian, if the individual
          is under 17 years of age; and

          (B) shall take such actions as are necessary to prevent
        unauthorized access to such information by a person other than
        the person making such communication and the recipient of such
        communication.
      (2) Exceptions
        A person making a communication described in subsection (a) of
      this section may disclose such information if the disclosure is -
      
          (A) necessary to make the communication or conduct a
        legitimate business activity related to making the
        communication; or
          (B) made pursuant to a court order authorizing such
        disclosure.
    (e) Definitions
      For purposes of this subsection,(!1) the following definitions
    shall apply:

      (1) By means of the World Wide Web
        The term "by means of the World Wide Web" means by placement of
      material in a computer server-based file archive so that it is
      publicly accessible, over the Internet, using hypertext transfer
      protocol or any successor protocol.
      (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.
      (3) Internet
        The term "Internet" means the combination of computer
      facilities and electromagnetic transmission media, and related
      equipment and software, comprising the interconnected worldwide
      network of computer networks that employ the Transmission Control
      Protocol/Internet Protocol or any successor protocol to transmit
      information.
      (4) Internet access service
        The term "Internet access service" means a service that enables
      users to access content, information, electronic mail, or other
      services offered over the Internet, and may also include access
      to proprietary content, information, and other services as part
      of a package of services offered to consumers. Such term does not
      include telecommunications services.
      (5) Internet information location tool
        The term "Internet information location tool" means a service
      that refers or links users to an online location on the World
      Wide Web. Such term includes directories, indices, references,
      pointers, and hypertext links.
      (6) Material that is harmful to minors
        The term "material that is harmful to minors" means any
      communication, picture, image, graphic image file, article,
      recording, writing, or other matter of any kind that is obscene
      or that - 
          (A) the average person, applying contemporary community
        standards, would find, taking the material as a whole and with
        respect to minors, is designed to appeal to, or is designed to
        pander to, the prurient interest;
          (B) depicts, describes, or represents, in a manner patently
        offensive with respect to minors, an actual or simulated sexual
        act or sexual contact, an actual or simulated normal or
        perverted sexual act, or a lewd exhibition of the genitals or
        post-pubescent female breast; and
          (C) taken as a whole, lacks serious literary, artistic,
        political, or scientific value for minors.
      (7) Minor
        The term "minor" means any person under 17 years of age.