73 P.S. § 2250.2
§ 2250.2. Definitions
The following words and phrases when used in this act shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
"Assist a transmission." Action taken by a person to provide substantial assistance or support which
enables another person to formulate, compose, send, originate, initiate or transmit a commercial electronic
mail message when the person providing the assistance knows or consciously avoids knowing that the indicator
of the commercial electronic mail message is engaged or intends to engage in any practice that violates the
act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection
Law. This term does not include action by a provider of Internet access or electronic mail service for mere
transmission or hosting services in the ordinary course of business.
"Commercial electronic mail message." An electronic mail message sent for the purpose of promoting real
property, goods or services. The term does not include an electronic mail transmission:
(1)
to which an interactive computer service has attached an advertisement in exchange for free use of an
electronic mail account when the sender has agreed to such an arrangement; or
(2)
sent as a result of an established business relationship.
"Electronic mail address." A destination, commonly expressed as a string of characters, to which electronic
mail may be sent or delivered.
"Electronic mail service." A person who is an intermediary in sending or receiving electronic mail or who
provides end- users of electronic mail services the ability to send or receive electronic mail.
"Established business relationship." A prior or existing relationship formed by a voluntary two-way
communication initiated by a person or entity and a recipient, with or without an exchange of consideration,
on the basis of an inquiry, application, purchase or transaction by the recipient regarding products or
services offered by such persons or entity. In regard to an inquiry, the person or entity shall obtain the
consent of a recipient beyond the initial inquiry. An established business relationship does not exist if the
recipient requests to be removed from the distribution lists of an initiator pursuant to section 3(a)(4).
"Fax." The transmission of the facsimile of a document through a connection with a telephone or computer
network.
"Initiate a transmission." Action by the original sender of an electronic mail message, excluding action by
any intervening interactive computer service that may handle or retransmit the message unless such intervening
interactive computer service of an electronic mail message when it knows or consciously avoids knowing that
the person initiating the transmission is engaged or intends to engage in any act or practice that violates
the act of December 17, 1968 (P.L. 1224, No. 387), known as the Unfair Trade Practices and Consumer Protection
Law. The term does not include action by a provider of Internet access or electronic mail service for mere
transmission or hosting services in the ordinary course of business.
"Internet domain name." A globally unique hierarchical reference to an Internet host or service assigned
through centralized Internet naming authorities and comprising a series of character strings separated by
periods with the right-most string specifying the top of the hierarchy.
"Wireless advertisement." The initiation of a telephone call or a message capable of providing text,
graphic or image messages by a commercial mobile service provider, unlicensed wireless services provider or
common carrier wireless exchange access service provider for the purpose of marketing goods or services. The
term does not include a call or message to a person with that person's prior express invitation or permission
or to a person with whom the caller has an established business relationship.