Definitions

In this Act, the following words have the meanings indicated:

(a)commercial electronic mail message means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:

(1)a commercial product;

(2)a commercial service;

(3)the content on an Internet website; or

(4)a website operated for a commercial purpose;

(b)domain name means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the internet;

(c)electronic mail service provider means any person, including an internet service provider, that is an intermediary in sending and receiving electronic mail, and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account;

(d)financial institution means any financial institution of the type supervised under 11GCA, whether or not locally-chartered;

(e)header information means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mails, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes;

(f)the term initiate, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message, and does not include actions that constitute routine conveyances of such message;

(g)internet means the international computer network of both federal and nonfederal interoperable packet switched data networks;

(h)internet protocol address means the string of numbers by which a location on the internet is identified by routers or other computers connected to the internet;

(i)materially falsified means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this Act: COL 3/18/2024 CH. 46 FORGERY, FRAUDULENT PRACTICES AND TELEPHONE RECORDS

(1)a recipient of the message;

(2)an internet access service processing the message on behalf of a recipient;

(3)a person alleging a violation of this Act; or

(4)a law enforcement agency;

(j)multiple means:

(1)more than ten

(10)commercial electronic mail messages during a twenty-four (24)-hour period;

(2)more than one hundred

(100)commercial electronic mail messages during a thirty (30)day period; or

(3)more than one thousand (1,000) commercial electronic mail messages during a one (1)year period;

(k)protected computer means a computer used in intrastate or interstate communication;

(l)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 recipients’ addresses.