15 U.S.C. § 7702 — Definitions

submitted 23 years ago by Pub. L. 108-187 to r/title-15-COMMERCE-AND-TRADE · 1,201 words · no verdicts yet

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This section defines key terms used in the CAN-SPAM Act, the federal law regulating commercial email. It spells out what counts as "commercial" email versus an email about a transaction someone already agreed to, what "affirmative consent" and "sender" mean, and who counts as the "recipient" of a message.

This section defines terms used throughout this chapter, which regulates commercial email: (1) Affirmative consent. A recipient has given "affirmative consent" if they clearly agreed to get the message — either after a clear request for consent, or on their own initiative — and, if the message now comes from someone other than who they gave consent to, they were clearly told at the time that their email address could be passed along to that other party. (2) Commercial electronic mail message. This means an email whose main purpose is advertising or promoting a commercial product or service, including content on a commercial website. It does not include a "transactional or relationship message" (defined in paragraph 17). Just mentioning a company or linking to its website doesn't automatically make an email "commercial" if the email's overall content shows some other main purpose. The Federal Trade Commission was required to issue regulations, within 12 months of December 16, 2003, spelling out how to determine an email's "primary purpose." (3) Commission. Means the Federal Trade Commission. (4) Domain name. Any alphanumeric name registered with or assigned by a domain name registrar or similar authority, used as part of an internet address. (5) Electronic mail address. A destination made up of a unique user name (the part before the "@") and an internet domain (the part after it), to which an email can be sent. (6) Electronic mail message. A message sent to one specific email address. (7) FTC Act. Means the Federal Trade Commission Act. (8) Header information. The source, destination, and routing details attached to an email — including the domain and address it came from, and any other information identifying (or claiming to identify) who sent it. (9) Initiate. To originate or transmit a commercial email, or to pay/arrange for someone else to do so — but this does not include merely passing the message along as "routine conveyance" (defined in paragraph 15). More than one person can count as having initiated the same message. (10) Internet. Has the meaning given in a separate law, the Internet Tax Freedom Act. (11) Internet access service. Has the meaning given in a separate communications law. (12) Procure. To intentionally pay, give something of value, or otherwise convince someone else to send a commercial email on your behalf. (13) Protected computer. Has the meaning given in a separate federal computer-crime law. (14) Recipient. The authorized user of the email address a message was sent to. Someone with multiple email addresses counts as a separate recipient for each address. If an address gets reassigned to a new person, that new person isn't a "recipient" of messages sent to the address before the reassignment. (15) Routine conveyance. The automatic technical process of transmitting, routing, relaying, handling, or storing an email for someone else who already identified the recipients or provided their addresses. (16) Sender. Normally, the person who initiates a commercial email and whose product, service, or website it promotes. But if a company operates through separate business lines or divisions and identifies itself to the recipient as that specific line or division (rather than as the parent company), then that line or division counts as the "sender" instead. (17) Transactional or relationship message. (A) In general. This means an email whose main purpose is: completing or confirming a transaction the recipient already agreed to; providing warranty, recall, or safety/security information about a product or service the recipient bought or uses; giving notice of a change in terms, a change in the recipient's account status, or (at regular intervals) an account statement for a subscription, membership, loan, or similar ongoing relationship; providing information about an employment relationship or benefit plan the recipient is enrolled in; or delivering goods, services, updates, or upgrades the recipient is entitled to under a transaction they already agreed to. (B) Commission can adjust the definition. The Commission can issue regulations expanding or narrowing which messages count as "transactional or relationship" messages, but only to keep up with changes in email technology or practices while still serving this chapter's purposes.

the actual law source: uscode.house.gov ↗public domain

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.

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.

Source credit: (Pub. L. 108–187, § 3, Dec. 16, 2003, 117 Stat. 2700.)

history & why it existsrecord from the source credit

2003Enacted · Pub. L. 108-187 · 117 Stat. 2700

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-187 on 2003-12-16.

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