Nebraska Statutes 87-1002. Terms, defined
For purposes of the Online Age Verification Liability Act:
Terms Used In Nebraska Statutes 87-1002
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Company: shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association. See Nebraska Statutes 49-801
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- Process: shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings. See Nebraska Statutes 49-801
(1) Commercial entity includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity;
(2) Digitized identification card means a data file that contains all of the data elements visible on the face and back of a government-issued operator’s license or identification card and displays the current status of the license or card;
(3) Distribute means to issue, sell, give, provide, deliver, transfer, transmute, circulate, or disseminate by any means;
(4) Internet utility means an Internet service provider, a search engine, or a cloud service provider or an affiliate or subsidiary of any such provider or search engine;
(5) Material harmful to minors means any material to which all of the following apply:
(a) The average person, applying contemporary community standards, would find, taking the material as a whole and with respect to its consumption by minors, that such material is designed to appeal to or pander to the prurient interest;
(b) The material is patently offensive to prevailing standards in the adult community as a whole with respect to its consumption by minors; and
(c) The material taken as a whole lacks serious literary, artistic, political, or scientific value for minors;
(6) Minor means any person under eighteen years of age;
(7) News-gathering organization means any of the following:
(a) A newspaper, news publication, or news source, printed or on an online or mobile platform, of current news and public interest, or any employee of such organization while acting within the scope of employment for such organization; or
(b) A radio broadcast station, television broadcast station, cable television operator, or wire service operator, or any employee of such organization while acting within the scope of employment for such organization;
(8) Publish means to communicate or make information available to another person or entity on a publicly available Internet website;
(9) Reasonable age verification method means a process to verify that the person attempting to access the material is at least eighteen years of age or older through the use of (i) a digitized identification card, including a digital copy of a driver’s license, (ii) a government-issued identification, (iii) a financial document or other document that is a reliable proxy for age, or (iv) any commercially reasonable method that relies on public or private transactional data to verify the age of the person attempting to access the material;
(10) Substantial portion means an amount which is more than one-third of the total material on a website; and
(11) Transactional data means a sequence of information that documents an exchange, agreement, or transfer between an individual, commercial entity, or third-party used for the purpose of satisfying a request or event and includes records from mortgage, education, and employment entities.