TITLE 6

Commercial Law – General Regulatory Provisions

CHAPTER 6-49

Electronic Mail Fraud

SECTION 6-49-3



   § 6-49-3  Definitions. –

For the purpose of this chapter, the following words and phrases shall have the

following meanings:



   (1) "Assist the transmission" means actions taken by a person

to provide substantial assistance or support that enables any person to

formulate, compose, send, originate, initiate, or transmit a commercial

electronic mail message or a commercial electronic text message when the person

providing the assistance knows that the initiator of the commercial electronic

mail message or the commercial electronic text message is engaged, or intends

to engage, in any practice that violates the consumer protection act.



   (2) "Commercial electronic mail message" means an electronic

mail message sent for the purpose of promoting real property, goods, or

services for sale or lease. It does not mean an electronic mail message to

which an interactive computer service provider has attached an advertisement in

exchange for free use of an electronic mail account when the sender has agreed

to such an arrangement.



   (3) "Commercial electronic text message" means an electronic

text message sent to promote real property, goods, or services for sale or

lease.



   (4) "Electronic mail address" means a destination, commonly

expressed as a string of characters, to which electronic mail may be sent or

delivered.



   (5) "Electronic mail message" means an electronic message

sent to an electronic mail address and a reference to an internet domain,

whether or not displayed, to which an electronic mail message can be sent or

delivered.



   (6) "Electronic text message" means a text message sent to a

cellular telephone or pager equipped with short message service or any similar

capability, whether the message is initiated as a short message service message

or as an electronic mail message.



   (7) "Initiate the transmission" refers to the action by the

original sender of an electronic mail message or an electronic text message,

not to the action by any intervening, interactive computer service or wireless

network that may handle or retransmit the message, unless such intervening,

interactive computer service assists in the transmission of an electronic mail

message when it knows that the person initiating the transmission is engaged,

or intends to engage, in any act or practice that violates the consumer

protection act.



   (8) "Interactive computer service" means any information

service, system, or access software provider that provides or enables computer

access by multiple users to a computer server, including, specifically, a

service or system that provides access to the internet and such systems

operated or services offered by libraries or educational institutions.



   (9) "Internet" means collectively the myriad of computer and

telecommunications facilities, including equipment and operating software, that

comprise the interconnected worldwide network of networks that employ the

transmission control protocol/internet protocol, or any predecessor or

successor protocols, to such protocol, to communicate information of all kinds

by wire or radio.



   (10) "Internet domain name" refers to globally unique,

hierarchical reference to an internet host or service, assigned through

centralized, internet naming authorities, comprising a series of character

strings separated by periods, with the right-most string specifying the top of

the hierarchy.



   (11) "Person" means a person, corporation, partnership, or

association.



   (12) "Personally identifying information" means an

individual's: (i) social security number; (ii) driver's license number; (iii)

bank account number; (iv) credit or debit card number; (v) personal

identification number; (vi) automated or electronic signature; (vii) unique

biometric data; (viii) account passwords; or (ix) any other piece of

information that can be used to access an individual's financial accounts or to

obtain goods or services.



   (13) "Web page" means a location, with respect to the world

wide web, that has a single, uniform, resource locator, or other single

location with respect to the internet.



History of Section.

(P.L. 2006, ch. 628, § 1; P.L. 2014, ch. 528, § 36.)