15 U.S.C. § 7702 : US Code - Section 7702: Definitions

Search 15 U.S.C. § 7702 : US Code - Section 7702: Definitions

In this chapter:
(1) Affirmative consent
The term "affirmative consent", when used with respect to a
commercial electronic mail message, means that -
(A) the recipient expressly consented to receive the message,
either in response to a clear and conspicuous request for such
consent or at the recipient's own initiative; and
(B) if the message is from a party other than the party to
which the recipient communicated such consent, the recipient
was given clear and conspicuous notice at the time the consent
was communicated that the recipient's electronic mail address
could be transferred to such other party for the purpose of
initiating commercial electronic mail messages.
(2) Commercial electronic mail message
(A) In general
The term "commercial electronic mail message" means any
electronic mail message the primary purpose of which is the
commercial advertisement or promotion of a commercial product
or service (including content on an Internet website operated
for a commercial purpose).
(B) Transactional or relationship messages
The term "commercial electronic mail message" does not
include a transactional or relationship message.
(C) Regulations regarding primary purpose
Not later than 12 months after December 16, 2003, the
Commission shall issue regulations pursuant to section 7711 of
this title defining the relevant criteria to facilitate the
determination of the primary purpose of an electronic mail
message.
(D) Reference to company or website
The inclusion of a reference to a commercial entity or a link
to the website of a commercial entity in an electronic mail
message does not, by itself, cause such message to be treated
as a commercial electronic mail message for purposes of this
chapter if the contents or circumstances of the message
indicate a primary purpose other than commercial advertisement
or promotion of a commercial product or service.
(3) Commission
The term "Commission" means the Federal Trade Commission.
(4) Domain name
The term "domain name" means any alphanumeric designation which
is registered with or assigned by any domain name registrar,
domain name registry, or other domain name registration authority
as part of an electronic address on the Internet.
(5) Electronic mail address
The term "electronic mail address" means a destination,
commonly expressed as a string of characters, consisting of a
unique user name or mailbox (commonly referred to as the "local
part") and a reference to an Internet domain (commonly referred
to as the "domain part"), whether or not displayed, to which an
electronic mail message can be sent or delivered.
(6) Electronic mail message
The term "electronic mail message" means a message sent to a
unique electronic mail address.
(7) FTC Act
The term "FTC Act" means the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(8) Header information
The term "header information" means the source, destination,
and routing information attached to an electronic mail message,
including the originating domain name and originating electronic
mail address, and any other information that appears in the line
identifying, or purporting to identify, a person initiating the
message.
(9) Initiate
The term "initiate", when used with respect to a commercial
electronic mail message, means to originate or transmit such
message or to procure the origination or transmission of such
message, but shall not include actions that constitute routine
conveyance of such message. For purposes of this paragraph, more
than one person may be considered to have initiated a message.
(10) Internet
The term "Internet" has the meaning given that term in the
Internet Tax Freedom Act (47 U.S.C. 151 nt).
(11) Internet access service
The term "Internet access service" has the meaning given that
term in section 231(e)(4) of title 47.
(12) Procure
The term "procure", when used with respect to the initiation of
a commercial electronic mail message, means intentionally to pay
or provide other consideration to, or induce, another person to
initiate such a message on one's behalf.
(13) Protected computer
The term "protected computer" has the meaning given that term
in section 1030(e)(2)(B) of title 18.
(14) Recipient
The term "recipient", when used with respect to a commercial
electronic mail message, means an authorized user of the
electronic mail address to which the message was sent or
delivered. If a recipient of a commercial electronic mail message
has one or more electronic mail addresses in addition to the
address to which the message was sent or delivered, the recipient
shall be treated as a separate recipient with respect to each
such address. If an electronic mail address is reassigned to a
new user, the new user shall not be treated as a recipient of any
commercial electronic mail message sent or delivered to that
address before it was reassigned.
(15) Routine conveyance
The term "routine conveyance" means the transmission, routing,
relaying, handling, or storing, through an automatic technical
process, of an electronic mail message for which another person
has identified the recipients or provided the recipient
addresses.
(16) Sender
(A) In general
Except as provided in subparagraph (B), the term "sender",
when used with respect to a commercial electronic mail message,
means a person who initiates such a message and whose product,
service, or Internet web site is advertised or promoted by the
message.
(B) Separate lines of business or divisions
If an entity operates through separate lines of business or
divisions and holds itself out to the recipient throughout the
message as that particular line of business or division rather
than as the entity of which such line of business or division
is a part, then the line of business or the division shall be
treated as the sender of such message for purposes of this
chapter.
(17) Transactional or relationship message
(A) In general
The term "transactional or relationship message" means an
electronic mail message the primary purpose of which is -
(i) to facilitate, complete, or confirm a commercial
transaction that the recipient has previously agreed to enter
into with the sender;
(ii) to provide warranty information, product recall
information, or safety or security information with respect
to a commercial product or service used or purchased by the
recipient;
(iii) to provide -
(I) notification concerning a change in the terms or
features of;
(II) notification of a change in the recipient's standing
or status with respect to; or
(III) at regular periodic intervals, account balance
information or other type of account statement with respect
to,
a subscription, membership, account, loan, or comparable
ongoing commercial relationship involving the ongoing
purchase or use by the recipient of products or services
offered by the sender;
(iv) to provide information directly related to an
employment relationship or related benefit plan in which the
recipient is currently involved, participating, or enrolled;
or
(v) to deliver goods or services, including product updates
or upgrades, that the recipient is entitled to receive under
the terms of a transaction that the recipient has previously
agreed to enter into with the sender.
(B) Modification of definition
The Commission by regulation pursuant to section 7711 of this
title may modify the definition in subparagraph (A) to expand
or contract the categories of messages that are treated as
transactional or relationship messages for purposes of this
chapter to the extent that such modification is necessary to
accommodate changes in electronic mail technology or practices
and accomplish the purposes of this chapter.