(D) NUMBER OF AVERAGE MONTHLY AC-
TIVE USERS DESCRIBED.—The number of aver-
age monthly active users described in this sub-
paragraph is 10,000,000. 
(E) ADJUSTMENT.—When the population 
of the United States increases or decreases 
since the last adjustment under this subpara-
graph (or, before the first adjustment under 
this subparagraph is made, since the date of 
the enactment of this Act) by 5 percent or 
more, the Commission shall adjust the number 
described in subparagraph (D) so that such 
number is equal to 3 percent of the United 
States population at the time of the adjust-
ment, rounded up or down to the nearest mil-
lion. 
(F) METHODOLOGY.—Not later than 6 
months after the date of the enactment of this 
Act, the Commission shall issue regulations 
under section 553 of title 5, United States 
Code, to create a methodology for calculating 
the number of average monthly active users of 
a hosting service in the United States for pur-
poses of this paragraph and paragraph (18). 
The methodology shall specify, in particular, 
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how to determine the United States population 
and criteria to determine the number of average 
monthly active users of a hosting service in the 
United States, taking into account different ac-
cessibility features and business relationships. 
(G) EXCEPTION.—The term ‘‘covered plat-
form’’ does not include a hosting service with 
respect to which the dissemination to the public 
of information is merely a minor and purely an-
cillary feature of another service, if such feature 
cannot, for objective technical reasons, be used 
without such other, principal service, and the 
integration of such feature is not a means to 
circumvent the applicability of this Act and the 
regulations issued under this Act. Such an an-
cillary feature may include a feature such as 
the comments section in an online newspaper, 
where it is clear that it is ancillary to the main 
service represented by the publication of news 
under the editorial responsibility of the pub-
lisher. 
(12) DEIDENTIFY.—The term ‘‘deidentify’’ 
means, with respect to information, to take an ac-
tion so that the information cannot reasonably be 
used to infer information about, or otherwise be 
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linked to, an individual, a household, or a device 
used by an individual or a household. 
(13) DISSEMINATE TO THE PUBLIC.—The term 
‘‘disseminate to the public’’ means, with respect to 
information provided by a user of a covered plat-
form, to make the information available, at the re-
quest of the user, to a potentially unlimited number 
of third parties. 
(14) HOSTING
SERVICE.—The term ‘‘hosting 
service’’ means an interactive computer service 
that— 
(A) stores information provided by, and at 
the request of, a user of the service; and 
(B) at any point during the preceding 2 
calendar years, was owned or controlled by an 
entity with net annual sales or a market cap-
italization greater than $2,500,000, adjusted 
annually for inflation on the basis of the Con-
sumer Price Index. 
(15) ILLEGAL
CONTENT.—The term ‘‘illegal 
content’’ means any information, which, in itself or 
by its reference to an activity, including the sale of 
products or provision of services, is not in compli-
ance with Federal law. 
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