2018 Arkansas Code
Title 4 - Business and Commercial Law
Subtitle 7 - Consumer Protection
Chapter 88 - Deceptive Trade Practices
Subchapter 6 - Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act
§ 4-88-602. Definitions

(1) "Commercial" means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property;

(2) "Computer network" means a set of related remotely connected devices and communication facilities, including two (2) or more computers with the capability to transmit data through communication facilities;

(3) "Electronic mail" means an electronic message, a file, data, or other information that is transmitted:

• (A) Between two (2) or more computers, computer networks, or electronic terminals; or

• (B) Within or between computer networks;

(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 service provider" means a person who:

• (A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or

• (B) Provides to end users of electronic mail service the ability to send and receive electronic mail;

(6) "Harmful to minors" shall have the same meaning as set forth in § 5-68-501(2);

(7) "Interactive computer service" means an 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 also the systems operated or services offered by libraries or educational institutions;

(8) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service assigned through centralized Internet authorities and comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy;

(9) "Person" means any individual, corporation, partnership, association, limited liability company, any other form or business association, or any combination of them;

(10) (A) (i) "Preexisting business relationship" means that there was a business transaction or communication between the sender and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message.

• (ii) A preexisting business relationship does not exist after a recipient requests to be removed from the distribution list of a sender.

  • (B) If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division rather than as the entity of which the line of business or division is a part, then the line of business or the division shall be treated as the sender for purposes of this section;

(11) "Sexually explicit electronic mail" means a commercial electronic mail that contains material that is harmful to minors or promotes an electronic link to material that is harmful to minors; and

(12) "Unsolicited" means without the recipient's express permission, except that commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.