--- title: "16 CFR 316.2 CAN-SPAM: Definitions" canonical: "https://dposchool.com/can-spam/section/316.2" source: "https://www.ecfr.gov/current/title-16/section-316.2" source_note: "Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 16 CFR 316.2 CAN-SPAM · Part 316: CAN-SPAM RULE # 16 CFR 316.2 CAN-SPAM: Definitions eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 16 CFR 316.2(a) **(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). ### 16 CFR 316.2(b) **(b)** “Character” means an element of the American Standard Code for Information Interchange (“ASCII”) character set. ### 16 CFR 316.2(c) **(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). ### 16 CFR 316.2(d) **(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). ### 16 CFR 316.2(e) **(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). ### 16 CFR 316.2(f) **(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). ### 16 CFR 316.2(g) **(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). ### 16 CFR 316.2(h) **(h)** “Person” means any individual, group, unincorporated association, limited or general partnership, corporation, or other business entity. ### 16 CFR 316.2(i) **(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). ### 16 CFR 316.2(j) **(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). ### 16 CFR 316.2(k) **(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). ### 16 CFR 316.2(l) **(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). ### 16 CFR 316.2(m) **(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), 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), 15 U.S.C. 7704(a)(2), 15 U.S.C. 7704(a)(3)(A)(i), 15 U.S.C. 7704(a)(5)(A), and 16 CFR 316.4. ### 16 CFR 316.2(n) **(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). ### 16 CFR 316.2(o) **(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). ### 16 CFR 316.2(p) **(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. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. [16 CFR 316.2 on eCFR](https://www.ecfr.gov/current/title-16/section-316.2) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [CAN-SPAM Navigator](https://dposchool.com/can-spam) / 16 CFR 316.2 Previous: [16 CFR 316.1 CAN-SPAM: Scope](https://dposchool.com/can-spam/section/316.1) Next: [16 CFR 316.3 CAN-SPAM: Primary purpose](https://dposchool.com/can-spam/section/316.3) ## For AI agents - Machine-readable index: https://dposchool.com/can-spam/llms.txt - JSON API: https://dposchool.com/can-spam/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents