As used in this chapter, the following terms have the following meanings: (1) ACTIVATE. The process of powering on a device and associating it with a new or existing user account. (2) DEVICE. A tablet or a smartphone manufactured on or after October 1, 2025. (3) FILTER. Generally accepted and commercially reasonable software used on a device that is capable of preventing the device from accessing or displaying obscene material through Internet browsers or search engines owned and controlled by the manufacturer in accordance with prevailing industry standards, including blocking known websites linked to obscene content, via mobile data networks, wired Internet networks, and wireless Internet networks. (4) INTERNET. The global information system that is logically linked together by a globally unique address space based on the Internet protocol (IP), or its subsequent extensions; that is able to support communications using the transmission control protocol/Internet protocol (TCP/IP) suite or its subsequent extensions, or other IP-compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high-level services layered on communications and related infrastructure. (5) MANUFACTURER. A person to which all of the following apply: a. Is engaged in the business of manufacturing a device. b. Holds the patents for each device it manufactures or holds the patents for the operating system on a device. c. Has a commercial designated registered agent in this state. (6) MINOR. An individual under 18 years of age who is not emancipated, married, or a member of the United States Armed Forces. (7) OBSCENE MATERIAL. A visual depiction of sexually explicit conduct, as defined under Section 13A-12-190. (8) OPERATING SYSTEM. Software that manages all of the other application programs on a device. (9) PASSWORD. A string of characters or other secure method used to enable, deactivate, modify, or uninstall a filter on a device. (10) RETAILER. A person, other than a manufacturer, that sells a device directly to consumers. The term includes an employee of a retailer acting in the course and scope of the employee’s employment. (11) SMARTPHONE. An electronic device that combines a cell phone with a hand-held computer, typically offering Internet access through a browser or search engine and that typically has data storage, text, and email capabilities. (12) TABLET. A mobile device that is equipped with a mobile operating system, touchscreen display, and rechargeable battery and that has the ability to support access to a cellular network. (13) VIDEO GAME CONSOLE. A discrete computing system, including the system’s components and peripherals, primarily used for playing video games, but does not include a smartphone or tablet.
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