13-65-201. Prohibited uses of email. An advertiser or an initiator may not knowingly initiate or advertise in a commercial email sent from this state or sent to a Utah email address if:
(1)
the commercial email contains or is accompanied by a third party’s domain name without the permission of the third party;
Terms Used In Utah Code 13-65-201
Advertiser: means a person who advertises the person's product, service, or website through the use of commercial email. See Utah Code 13-65-101
Commercial email: means an email used primarily to:
(a)
advertise or promote a commercial website, product, or service; or
Domain name: means any alphanumeric designation that 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. See Utah Code 13-65-101
Header information: means information attached to an email, including:
(a)
the originating domain name;
(b)
the originating email address;
(c)
the destination;
(d)
the routing information; and
(e)
any other information that appears in the header line identifying, or purporting to identify, a person initiating the message. See Utah Code 13-65-101
Initiate: means an act of:
(a)
originating, transmitting, or sending commercial email; or
(b)
promising, paying, or providing other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
Initiator: means a person who:
(i)
originates, transmits, or sends commercial email; or
(ii)
promises, pays, or provides other consideration for another person to originate, transmit, or send a commercial email. See Utah Code 13-65-101
Recipient: means an addressee of an unsolicited email. See Utah Code 13-65-101
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Utah email address: means an email address that is:
(a)
provided by an electronic mail service provider that sends bills for providing and maintaining that email address to a mailing address in this state;
(b)
ordinarily accessed from a computer located in this state; or
(c)
provided to an individual who is currently a resident of this state. See Utah Code 13-65-101
(2)
the commercial email contains or is accompanied by false, misrepresented, or forged header information, even if the commercial email contains truthful identifying information for the advertiser in the body of the email; or
(3)
the commercial email has a subject line that is likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the identity of the advertiser, the contents, or the subject matter of the commercial email.
