Limitation on electronic mail.

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(a) A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists of explicit sexual material that another law provides may only be viewed, purchased, rented, leased, or held by an individual who is 18 years of age or older, unless the subject line of the advertisement contains “ADV:ADLT” as the first eight characters.

(b) In (a) of this section,

(1) “commercial electronic mail” means electronic mail consisting of advertising material for the lease, sale, rental, gift, offer, or other disposition of real property, goods, or services, including an extension of credit;

(2) “explicit sexual material” means material that visually or aurally depicts conduct described in AS 11.41.455(a), but is not limited to conduct engaged in by a child under 18 years of age;

(3) “unsolicited commercial electronic mail” means commercial electronic mail sent to a person who

(A) does not have an existing personal or business relationship with the sender; and

(B) has not given permission for or requested the sending of the commercial electronic mail.


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