---
kind: "section"
citation: "16 C.F.R. § 316.2"
title: "16"
number: "316.2"
heading: "Definitions."
url: "https://uscodex.org/cfr/16/316.2"
---

# §316.2. Definitions.

- (a) The definition of the term “affirmative consent” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(1)](/usc/15/7702.md?p=1).
- (b) “Character” means an element of the American Standard Code for Information Interchange (“ASCII”) character set.
- (c) The definition of the term “commercial electronic mail message” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(2)](/usc/15/7702.md?p=2).
- (d) The definition of the term “electronic mail address” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(5)](/usc/15/7702.md?p=5).
- (e) The definition of the term “electronic mail message” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(6)](/usc/15/7702.md?p=6).
- (f) The definition of the term “initiate” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(9)](/usc/15/7702.md?p=9).
- (g) The definition of the term “Internet” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(10)](/usc/15/7702.md?p=10).
- (h) “Person” means any individual, group, unincorporated association, limited or general partnership, corporation, or other business entity.
- (i) The definition of the term “procure” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(12)](/usc/15/7702.md?p=12).
- (j) The definition of the term “protected computer” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(13)](/usc/15/7702.md?p=13).
- (k) The definition of the term “recipient” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(14)](/usc/15/7702.md?p=14).
- (l) The definition of the term “routine conveyance” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(15)](/usc/15/7702.md?p=15).
- (m) The definition of the term “sender” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(16)](/usc/15/7702.md?p=16), provided that, when more than one person's products, services, or Internet website are advertised or promoted in a single electronic mail message, each such person who is within the Act's definition will be deemed to be a “sender,” except that, only one person will be deemed to be the “sender” of that message if such person: (A) is within the Act's definition of “sender”; (B) is identified in the “from” line as the sole sender of the message; and (C) is in compliance with 15 U.S.C. [7704(a)(1)](/usc/15/7704.md?p=a-1), [15](/usc/15/15.md) U.S.C. 7704(a)(2), 15 U.S.C. [7704(a)(3)(A)(i)](/usc/15/7704.md?p=a-3-A-i), [15](/usc/15/15.md) U.S.C. 7704(a)(5)(A), and [16 CFR 316.4](/cfr/16/316.4.md).
- (n) The definition of the term “sexually oriented material” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7704(d)(4)](/usc/15/7704.md?p=d-4).
- (o) The definition of the term “transactional or relationship messages” is the same as the definition of that term in the CAN-SPAM Act, [15 U.S.C. 7702(17)](/usc/15/7702.md?p=17).
- (p) “Valid physical postal address” means the sender's current street address, a Post Office box the sender has accurately registered with the United States Postal Service, or a private mailbox the sender has accurately registered with a commercial mail receiving agency that is established pursuant to United States Postal Service regulations.

## Notes

### Authority

Authority: 15 U.S.C. 7701-7713.

### Source

Source: 73 FR 29677, May 21, 2008, unless otherwise noted.