Legal Definitions - Alaska

The State of Alaska has enacted specific laws to regulate various forms of electronic communication and trade practices, aiming to protect its residents from unwanted solicitations, deceptive practices, and online misconduct. These laws address commercial emails, telemarketing, and computer-related crimes, with particular attention to sexually explicit content and harassment.

Key aspects of Alaska's legal framework in these areas include:

• Commercial Email and Spam: Alaska specifically prohibits the sending of sexually explicit commercial emails unless they are properly advertised and comply with specific regulations. Sending such emails without proper advertising is considered an unlawful trade practice.
• Telemarketing: The state has a comprehensive Telephonic Solicitation Law, originally enacted in 1993, which governs how businesses can engage in telemarketing activities with Alaska residents.
• Unlawful Trade Practices: Violations related to sending unadvertised sexually explicit emails fall under Alaska's unlawful trade practices statutes. If a consumer suffers an actual financial loss due to such a violation, they may have a private right of action to seek compensation.
• Computer-Related Crime: Alaska law criminalizes certain behaviors conducted through electronic means, specifically email harassment and stalking.

Here are some examples illustrating how Alaska's laws in these areas might apply:

• Example 1: Unsolicited Sexually Explicit Email and Financial Loss

  A small online business operating out of Juneau, "Alaskan Adventures Gear," decides to expand its product line to include adult-themed novelty items. Without implementing any age verification or opt-in process, the company sends out a mass email campaign featuring explicit images and descriptions of these new products to its entire customer list, which includes many individuals who had only ever purchased family-friendly outdoor equipment. One recipient, a local school teacher, is deeply offended and embarrassed when the email appears in their inbox during a public presentation. The teacher, who had a recurring subscription for outdoor gear, immediately cancels their subscription and takes their business to a competitor, incurring a financial loss from a pre-paid annual membership.

  How this illustrates the term: This scenario demonstrates Alaska's prohibition on sending sexually explicit emails without proper advertising or consent, classifying it as an unlawful trade practice under Alaska Statutes § 45.50.471(46) and § 45.50.479. Because the teacher suffered an actual financial loss (the canceled subscription and pre-paid membership) directly due to this violation, they could potentially exercise their private right of action under Alaska Statutes § 45.50.531 to seek compensation from "Alaskan Adventures Gear."

• Example 2: Telemarketing Violations

  A national company, "Arctic Getaways Inc.," begins a telemarketing campaign targeting residents across Alaska, offering discounted cruise packages. The company uses an automated dialing system to call thousands of phone numbers daily, including many that are registered on the National Do Not Call Registry. Several Alaskan residents who receive these calls explicitly tell the telemarketers they do not wish to be contacted again, but "Arctic Getaways Inc." continues to call them repeatedly over several weeks.

  How this illustrates the term: This situation falls under Alaska's Telephonic Solicitation Law of 1993 (Alaska Statutes, Chapter 45.63). By calling numbers on the Do Not Call Registry and failing to honor requests to cease contact, "Arctic Getaways Inc." would be in violation of these state regulations, which are designed to protect consumers from unwanted and persistent telephonic solicitations.

• Example 3: Email Harassment

  After a contentious breakup, one individual living in Anchorage begins sending a relentless stream of abusive and threatening emails to their former partner. These emails, sometimes numbering dozens a day, contain personal insults, false accusations, and veiled threats against the former partner's reputation and safety. The recipient experiences significant emotional distress, anxiety, and fear, impacting their ability to work and sleep.

  How this illustrates the term: This scenario directly illustrates the computer-related crime provisions in Alaska Statutes §§ 11.61.120 and 11.41.270, which criminalize email harassment and stalking. The persistent, abusive, and threatening nature of the emails, causing severe emotional distress and fear, would likely meet the legal criteria for these offenses, potentially leading to criminal charges against the sender.