Page:United States Statutes at Large Volume 117.djvu/2721

 117 STAT. 2702

PUBLIC LAW 108–187—DEC. 16, 2003 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 the Communications Act of 1934 (47 U.S.C. 231(e)(4)). (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, United States Code. (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 Act. (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;

VerDate 11-MAY-2000

13:59 Aug 30, 2004

Jkt 019194

PO 00000

Frm 00638

Fmt 6580

Sfmt 6581

D:\STATUTES\2003\19194PT3.001

APPS10

PsN: 19194PT3

�