West Virginia Code 46A-6G-2 – Limitations on unauthorized electronic mail
No person may initiate the transmission of an unauthorized electronic mail message with the intent to deceive and defraud, or a bulk electronic mail message from a computer located in the State of West Virginia or to an electronic mail address that the sender knows, or has reason to know, is held by a West Virginia resident that:
Terms Used In West Virginia Code 46A-6G-2
- Bulk electronic mail message: means an electronic mail message sent in bulk to users of an interactive computer service who have not requested or solicited the message. See West Virginia Code 46A-6G-1
- Electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. See West Virginia Code 46A-6G-1
- Initiate the transmission: means the action by the original sender of an electronic mail message, not the action by any intervening interactive computer service that may handle or retransmit the message. See West Virginia Code 46A-6G-1
- Internet domain name: means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy. See West Virginia Code 46A-6G-1
- Person: means any individual, corporation, partnership, association, limited liability company or any other form or business association. See West Virginia Code 46A-6G-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Uses a third party's Internet domain name without the permission of the third party, or otherwise misrepresents any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
(2) Contains false or misleading information in the subject line;
(3) Does not clearly provide the date and time the message is sent, the identity of the person sending the message, and the return electronic mail address of that person; or
(4) Contains "sexually explicit materials" which are defined as a visual depiction, in actual or simulated form, or an explicit description in a predominately sexual context, nudity, human genitalia, or any act of natural or unnatural sexual intercourse.