; (ii) negligent conduct; or (iii) any activity which constitutes a violation of section 2251; or (B) acted, or failed to act— (i) with actual malice; or (ii) with reckless disregard to a substantial risk of causing injury without legal justification. (3) Minimizing access With respect to any child pornography reported to the NCMEC CyberTipline by an individual depicted in the child pornography as a minor, or a representative of such individual, NCMEC shall minimize access to the child pornography and ensure the appropriate deletion of the child pornography, as set forth in section 2258D. (4) Definition For purposes of this subsection, the term representative , with respect to an individual depicted in child pornography— (A) means— (i) the parent or legal guardian of the individual, if the individual is under 18 years of age; (ii) the legal guardian or other person appointed by a court to represent the individual; (iii) a legal representative retained by the individual; (iv) a representative of the estate of the individual; or (v) a person who is a mandated reporter under section 226(a)(1) of the Victims of Child Abuse Act of 1990 ( 34 U.S.C. 20341(a)(1) )