LOUISIANA REVISED STATUTES
TITLE 14 -- CRIMINAL LAW
SECTION 73.1
As amended by Act 1180, House Bill 2228 (1999)
(Approved by Governor July 9, 1999; effective August 15, 1999)

§ 73.1. Definitions

    As used in this Subpart unless the context clearly indicates otherwise:

    (1) "Access" means to program, to execute programs on, to communicate with, store data in, retrieve data from, or otherwise make use of any resources, including data or programs, of a computer, computer system, or computer network.

    (2) "Computer" includes an electronic, magnetic, optical, or other high-speed data processing device or system performing logical, arithmetic, and storage functions, and includes any property, data storage facility, or communications facility directly related to or operating in conjunction with such device or system. "Computer" shall not include an automated typewriter or typesetter, a machine designed solely for word processing, or a portable hand-held calculator, nor shall "computer" include any other device which might contain components similar to those in computers but in which the components have the sole function of controlling the device for the single purpose for which the device is intended.

    (3) "Computer network" means a set of related, remotely connected devices and communication facilities including at least one computer system with capability to transmit data through communication facilities.

    (4) "Computer program" means an ordered set of data representing coded instructions or statements that when executed by a computer cause the computer to process data.

    (5) "Computer services" means providing access to or service or data from a computer, a computer system, or a computer network, and also includes but is not limited to data processing services, Internet services, electronic mail services, electronic message services, or Information or data stored in connection therewith.

    (6) "Computer software" means a set of computer programs, procedures, and associated documentation concerned with operation of a computer system.

    (7) "Computer system" means a set of functionally related, connected or unconnected, computer equipment, devices, or computer software.

    (8) "Electronic mail service provider" means any person who both:

    (a) is an intermediary in sending or receiving electronic mail.

    (b) provides to end-users of electronic mail services the ability to send or receive electronic mail.

    (8) (9) "Financial instrument" means any check, draft, money order, certificate of deposit, letter of credit, bill of exchange, access card as defined in R.S. 14:67.3, or marketable security.

    (9) (10) "Intellectual property" includes data, computer programs, computer software, trade secrets as defined in R.S. 51:1431(4), copyrighted materials, and confidential or proprietary information, in any form or medium, when such is stored in, produced by, or intended for use or storage with or in a computer, a computer system, or a computer network.

    (10) (11) "Proper means" include:

    (a) Discovery by independent invention;

    (b) Discovery by "reverse engineering", that is by starting with the known product and working backward to find the method by which it was developed. The acquisition of the known product must be by lawful means;

    (c) Discovery under license or authority of the owner;

    (d) Observation of the property in public use or on public display; or

    (e) Discovery in published literature.

    (11) (12) "Property" means property as defined in R.S. 14:2(8) and shall specifically include but not be limited to financial instruments, electronically stored or produced data, and computer programs, whether in machine readable or human readable form.

    (13) "Unsolicited bulk electronic mail" means any electronic message which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than one thousand recipients.

LOUISIANA REVISED STATUTES
TITLE 14 -- CRIMINAL LAW
SECTION 73.6
Added by Act 1180, House Bill 2228 (1999)
(Approved by Governor July 9, 1999)

§ 73.6. Unsolicited Bulk Electronic Mail

    A. It shall be unlawful for any person to use a computer, a computer network, or the computer services of an electronic mail service provider to transmit unsolicited bulk electronic mail in contravention of the authority granted by or in violation of the policies set by the electronic mail service provider. Transmission of electronic mail from an organization to its members or noncommercial electronic mail transmissions shall not be deemed to be unsolicited bulk electronic mail.

    B. It is unlawful for any person to use a computer or computer network without authority with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers. It is also unlawful for any person knowingly to sell, give, or otherwise distribute or possess with the intent to sell, give, or distribute software which is any of the following:

    (1) primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information.

    (2) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information.

    (3) marketed by that person or another acting in concert with that person with that person's knowledge for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.

    C. Whoever violates the provisions of this section shall be fined not more than five thousand dollars.

    D. Nothing in this section shall be construed to interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services, or computer software, or to create any liability by reason of terms or conditions adopted by, or technical measures implemented by, an electronic mail service provider to prevent the transmission of unsolicited electronic mail in violation of this section.

LOUISIANA REVISED STATUTES
TITLE 14 -- CRIMINAL LAW
SECTION 106(A)(7)
Added by Act 237, Senate Bill 863 (2003)
(Approved by Governor June 5, 2003)

§ 106. Obscenity

    A.  .   .   .

    (7)(a) No person, knowing the content of an advertisement to be sexually explicit as defined in this Paragraph shall transmit or cause to be transmitted an unsolicited advertisement in an electronic communication to one or more persons within this state that contains sexually explicit materials without including in the advertisement the term "ADV-ADULT" at the beginning of the subject line of the advertisement. A "subject line" is the area of an electronic communication that contains a summary description of the content of the message.

    (b) As used in this Paragraph, "sexually explicit" means the graphic depiction of sex, including, but not limited to, sexual audio, text, or images; depiction of sexual activity; nudity; or sexually oriented language.

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