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18 U.S.C. § 2258E — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In sections 2258A through 2258E—
(1) the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;
(2) the term “electronic communication service” has the meaning given that term in section 2510;
(3) the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 ([15 U.S.C. 7702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7702&num=0&edition=prelim));
(4) the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) note);
(5) the term “remote computing service” has the meaning given that term in section 2711;
(6) the term “provider” means an electronic communication service provider or remote computing service;
(7) the term “NCMEC” means the National Center for Missing & Exploited Children; and
(8) the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 2258E
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Stable record: federal_law:legal_authorities:record_usc_f38122c9ec41d7094eeeee58
Source file: Laws/federal/codes/united-states-code/title-18/section-2258e-definitions--f7a4a9fbe9.md
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Source location: Title 18, Chapter 110, § 2258E; chapter-110-sexual-exploitation-and-other-abuse-of-children.md
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In sections 2258A through 2258E—
(1) the terms “attorney for the government” and “State” have the meanings given those terms in rule 1 of the Federal Rules of Criminal Procedure;
(2) the term “electronic communication service” has the meaning given that term in section 2510;
(3) the term “electronic mail address” has the meaning given that term in section 3 of the CAN–SPAM Act of 2003 ([15 U.S.C. 7702](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7702&num=0&edition=prelim));
(4) the term “Internet” has the meaning given that term in section 1101 of the Internet Tax Freedom Act ([47 U.S.C. 151](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title47-section151&num=0&edition=prelim) note);
(5) the term “remote computing service” has the meaning given that term in section 2711;
(6) the term “provider” means an electronic communication service provider or remote computing service;
(7) the term “NCMEC” means the National Center for Missing & Exploited Children; and
(8) the term “website” means any collection of material placed in a computer server-based file archive so that it is publicly accessible, over the Internet, using hypertext transfer protocol or any successor protocol.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Affirmative consent** — The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that—
(A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and
(B) if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient’s electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages.
(2) **Commercial electronic mail message**
(A) *In general* — The term “commercial electronic mail message” means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).
(B) *Transactional or relationship messages* — The term “commercial electronic mail message” does not include a transactional or relationship message.
(C) *Regulations regarding primary purpose* — Not later than 12 months after December 16, 2003, the Commission shall issue regulations pursuant to [section 7711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7711&num=0&edition=prelim) defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.
(D) *Reference to company or website* — The inclusion of a reference to a commercial entity or a link to the website of a commercial entity in an electronic mail message does not, by itself, cause such message to be treat
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7702
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Description of activities** The Administrator shall—
(1) issue such rules as the Administrator considers necessary or appropriate to carry out this subchapter;
(2) make such arrangements as may be necessary and appropriate to facilitate effective coordination among all federally funded programs relating to missing children (including the preparation of an annual comprehensive plan for facilitating such coordination);
(3) provide for the furnishing of information derived from the national toll-free hotline, established under subsection (b)(1), to appropriate entities;
(4) coordinate with the United States Interagency Council on Homelessness to ensure that homeless services professionals are aware of educational resources and assistance provided by the Center regarding child sexual exploitation;
(5) provide adequate staff and agency resources which are necessary to properly carry out the responsibilities pursuant to this subchapter; and
(6) not later than 180 days after the end of each fiscal year, submit a report to the President, Speaker of the House of Representatives, the Committee on Education and the Workforce of the House of Representatives, the President pro tempore of the Senate, and the Committee on the Judiciary of the Senate—
(A) containing a comprehensive plan for facilitating cooperation and coordination in the succeeding fiscal year among all agencies and organizations with responsibilities related to missing children;
(B) identifying and summarizing effective models of Federal, State, and local coordination and cooperation in locating and recovering missing children;
(C) identifying and summarizing effective program models that provide treatment, counseling, or other aid to parents of missing children or to children who have been the v
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 11293
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Federal law — U.S. Code and appendices · legal_authorities
Page 2379
TITLE 15—COMMERCE AND TRADE
§ 7702
(b) Congressional determination of public policy
On the basis of the findings in subsection (a),
the Congress determines that—
(1) there is a substantial government inter-
est in regulation of commercial electronic
mail on a nationwide basis;
(2) senders of commercial electronic mail
should not mislead recipients as to the source
or content of such mail; and
(3) recipients of commercial electronic mail
have a right to decline to receive additional
commercial electronic mail from the same
source.
(Pub. L. 108–187, § 2, Dec. 16, 2003, 117 Stat. 2699.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 108–187, § 16, Dec. 16, 2003, 117 Stat. 2719, pro-
vided that: ‘‘The provisions of this Act [see Short Title
note below], other than section 9 [enacting section 7708
of this title], shall take effect on January 1, 2004.’’
SHORT TITLE
Pub. L. 108–187, § 1, Dec. 16, 2003, 117 Stat. 2699, pro-
vided that: ‘‘This Act [enacting this chapter and sec-
tion 1037 of Title 18, Crimes and Criminal Procedure,
amending section 227 of Title 47, Telecommunications,
and enacting provisions listed in a table relating to
sentencing guidelines set out as a note under section
994 of Title 28, Judiciary and Judicial Procedure] may
be cited as the ‘Controlling the Assault of Non-Solic-
ited Pornography and Marketing Act of 2003’, or the
‘CAN-SPAM Act of 2003’.’’
§ 7702. Definitions
In this chapter:
(1) Affirmative consent
The term ‘‘affirmative consent’’, when used
with respect to a commercial electronic mail
message, means that—
(A) the recipient expressly consented to re-
ceive the message, either in response to a
clear and conspicuous request for such con-
sent or at the recipient’s own initiative; and
(B) i
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7702
Stored review status: historical_2024_not_currentness_verified. The source passage cites 15 U.S.C. § 7702. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 546
TITLE 18—CRIMES AND CRIMINAL PROCEDURE
§ 2258D
from NCMEC under subsection (d)’’ for ‘‘image of an
identified child from the National Center for Missing
and Exploited Children under section (d)’’ and ‘‘child
sexual exploitation crimes, and prevent future sexual
victimization of children’’ for ‘‘child pornography
crimes’’.
§ 2258D. Limited liability for NCMEC
(a) IN
GENERAL.—Pursuant to its clearing-
house role as a private, nonprofit organization
and its mission to help find missing children, re-
duce online sexual exploitation of children and
prevent future victimization, and except as pro-
vided in subsections (b) and (c), a civil claim or
criminal charge against NCMEC, including any
director, officer, employee, or agent of NCMEC,
arising
from
the
performance
of
the
CyberTipline responsibilities or functions of
NCMEC, as described in this section, section
2258A or 2258C of this title, or section 404 of the
Missing Children’s Assistance Act (34 U.S.C.
11293), or from the efforts of NCMEC to identify
child victims may not be brought in any Federal
or State court.
(b) INTENTIONAL, RECKLESS, OR
OTHER
MIS-
CONDUCT.—Subsection (a) shall not apply to a
claim or charge if NCMEC, or a director, officer,
employee, or agent of NCMEC—
(1) engaged in intentional misconduct; or
(2) acted, or failed to act—
(A) with actual malice;
(B) with reckless disregard to a substan-
tial risk of causing injury without legal jus-
tification; or
(C) for a purpose unrelated to the perform-
ance of any responsibility or function under
this section, section 2258A or 2258C of this
title, or section 404 of the Missing Children’s
Assistance Act (34 U.S.C. 11293).
(c)
ORDINARY
BUSINESS
ACTIVITIES.—Sub-
section (a) shall not apply to an act or omission
relati
Source: Supplied 2024 U.S. Code historical extraction · 18 U.S.C. § 2258E
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 12
TITLE 47—TELECOMMUNICATIONS
§ 151
Sec.
561.
Scrambling of sexually explicit adult video
service programming.
562.
Requirements relating to charges for covered
services.
PART V—VIDEO PROGRAMMING SERVICES PROVIDED BY
TELEPHONE COMPANIES
571.
Regulatory treatment of video programming
services.
572.
Prohibition on buy outs.
573.
Establishment of open video systems.
SUBCHAPTER VI—MISCELLANEOUS PROVISIONS
601.
Interstate Commerce Commission and Post-
master General; duties, powers, and func-
tions transferred to Commission.
602, 603.
Repealed.
604.
Effect of transfer.
605.
Unauthorized publication or use of commu-
nications.
606.
War powers of President.
607.
Effective date of chapter.
608.
Separability.
609.
Short title.
610.
Telephone service for disabled.
611.
Closed-captioning of public service announce-
ments.
612.
Syndicated exclusivity.
613.
Video programming accessibility.
614.
Telecommunications Development Fund.
615.
Support for universal emergency telephone
number.
615a.
Service provider parity of protection.
615a–1.
Duty to provide 9–1–1 and enhanced 9–1–1 serv-
ice.
615b.
Definitions.
615c.
Emergency Access Advisory Committee.
616.
Internet protocol-based relay services.
617.
Access to advanced communications services
and equipment.
618.
Enforcement and recordkeeping obligations.
619.
Internet browsers built into telephones used
with public mobile services.
620.
Relay services for deaf-blind individuals.
621.
Rulemaking on loud commercials required.
622.
Optional electronic labeling of communica-
tions equipment.
623.
Configuration of multi-line telephone sys-
tems for direct dialing of 9–1–1.
624.
Disclosure requirements for United States-
based foreign media outlets.
SUBCHAPTER VI
Source: Supplied 2024 U.S. Code historical extraction · 47 U.S.C. § 151
Stored review status: historical_2024_not_currentness_verified. The source passage cites 47 U.S.C. § 151. This identifies an authority to review, not proof of applicability.