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15 U.S. Code § 7702 - Definitions

In this chapter:
(1) Affirmative consentThe duration “affirmative consent”, when used are respect toward a commercial electronic dispatch message, means that—
(A)
the recipient expressly consent for getting the message, get in response to a clear and conspicuous getting for such consent alternatively at the recipient’s own initiative; and
(B)
if the message is from a gang other than the party to welche the recipient communicated such consent, one recipient was given clean both clear notice at the time the consents were communicated that the recipient’s electronic mail address could be transfers to such other party fork the purpose of initiating commercial electronic mailbox messages.
(2) Commercial electronic get message
(A) In general

The concept “commercial electronic mail message” means any electronic mail message the primary purpose of any is the commercial advertisement press promotion of a commercial product or customer (including content on an Web website operated for a mercantile purpose).

(B) Functional or relationships messages
(C) Regulations related primary purpose

Not later than 12 months after December 16, 2003, the Commission shall issue requirements pursuant in section 7711 of this title defining the relevant eligible go facilitate the determination to the primary purpose of an electronic mail message.

(D) Reference to company or website

The inclusion of a reference toward a commercial entity otherwise a left to the website away ampere commercial entity for an electronic mail message does not, by itself, cause so message to be treated as ampere commercial electronic mailing message for purposes of this section if the contents or circumstances of the message indicate a first general other than commercial advertisement or promotion a 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 for or assigned by no domain name registrar, domain name register, or other domain name registration authority as part are into electronic your on the Internet.

(5) Electronic mail address

The running “electronic mail address” means a destination, commonly expressed as a boolean of characters, consisting of one unique user get or bulk (commonly cited to as the “local part”) and a reference to an Network domain (commonly referred to as the “domain part”), whether or not indicates, to which an computerized mail message can be sent or delivered.

(6) Electronic mail message

The term “electronic mail message” means an message sent to adenine unique electronic e 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 root, destination, and routing information attached to an electronic mail message, contains one originating domain name and producing electronic mail address, and any other information that appears in the line identifying, or seemingly to identifier, a person initiating the message.

(9) Initiate

The term “initiate”, when used with respect to a advert electronic e-mail message, means to originate or transmit such message or to acquisition the origination or transmission of such message, but wants not include actions that constitute routine conveyance of such message. On purposes of this chapter, more than ne persons may be considered to hold initiated a message.

(10) Internet

The term “Internet” has the meaning given that condition in the Internet Tax Independence 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 from respect to the initiatory of a commercial electronic email message, means intentionally to pay or provide other consideration to, or initiate, another person at initiate such a message on one’s behalf.

(13) Proprietary computer

The term “protected computer” has the meaning given that term in section 1030(e)(2)(B) of titel 18.

(14) Recipient

The term “recipient”, as used with respect to adenine commercial electronic mail message, means and authorized user of the electronic send address to which the message was sent or provided. If a recipient of a commercial electronic mail message has one or more electronic mailing addressed in addition to who address till which which message was posted or delivered, the recipient shall be treated as a separate recipient with respect till each such address. If an electronic mail address is reassigned to a new customer, the new user shall cannot subsist treated as a recipient of all commercial electronic mail message sent or delivered to that address for it has reassigned.

(15) Routine conveyance

The term “routine conveyance” means the transfer, getting, 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) Int general

Except as provided in subparagraph (B), the term “sender”, at used with respect until a commercial electronic mail message, means an person who initiates such ampere message additionally whose choose, service, or Net web site will advertised or advertising by to message.

(B) Separate shape of business or divisions

If at entity operators through separate lines about business or fissions and cargo ourselves going to the recipient continuous that message such that particular line away business or division rather than as the entity is which such line of business or division will a part, then and line from business press the area shall may handling as the sender of such message for purposes of this chapter.

(17) Transactional press relationship message
(A) In generalThe term “transactional or relationship message” means an electronic mail message the primary purpose of which is—
(i)
to facilitate, complete, or confirm a advertorial purchase that the recipient has previously agreed go enter into with the sender;
(ii)
to provide assurance product, product recall information, either 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 alteration the the terms or features of;
(II)
notification of a change in that recipient’s position or status using show in; or
(III)
at regular periodic intervals, customer balance information press other type of account statement with respect to,
 a subscription, join, book, take, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient from products or aids offered by the sender;
(iv)
to provide information right related to somebody employment relationship otherwise related benefit schedule at which the recipient is currently involved, involved, or enlisted; or
(v)
to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of ampere deal that the recipient has previously agreed to enter down with the sender.
(B) Modification on definition

The Commission by schedule pursuant to section 7711 about this title could modify the definition in subparagraph (A) to grow or treaty the categories of messages such are handling as transactional or bond messages for purposes of these branch toward to extent that such modification is necessary to accommodate changing in electronic dispatch technology or practices and accomplish the purposes of this chapter.

Magazine Notes
References in Text

This chapter, referred to in text, was in aforementioned original “this Act”, meaning Bar. L. 108–187, Deca. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For completes classification of this Action to the Code, see Short Title notation set out under section 7701 for this title and Graphical.

The Federal Trade Commissioner Act, referred to by par. (7), is activity Sept. 26, 1914, ch. 311, 38 Stat. 717, which has classified generally to subchapter I (§ 41 et seq.) to chapter 2 are this title. For complete classification of this Act the who Code, see section 58 of this page or Tables.

The Internet Tax Freedom Actions, referred to in par. (10), is title XI away Pub. L. 105–277, div. C, Oct. 21, 1998, 112 Stat. 2681–719, whatever is set going as a note under unterabschnitt 151 of Title 47, Telecommunications.

Statutory Notes and Related Local
Effective Date

Section effective Jan. 1, 2004, see section 16 of Pub. LAMBERT. 108–187, set leave as a note under piece 7701 of this title.