Full Text of HB0380 94th General Assembly
HB0380sam001 94TH GENERAL ASSEMBLY
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Sen. Kwame Raoul
Filed: 5/18/2005
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| AMENDMENT TO HOUSE BILL 380
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| AMENDMENT NO. ______. Amend House Bill 380 on page 1, line | 3 |
| 9, after "including", by replacing "content" with "such | 4 |
| communication"; and
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| on page 1, by replacing lines 11 through 15 with the following: | 6 |
| ""Owner or operator" means the owner or lessee of a | 7 |
| computer, or someone using such computer with the owner's or | 8 |
| lessee's authorization. "Owner or operator" does not include | 9 |
| any person that owns a computer prior to the first retail sale | 10 |
| of such computer."; and | 11 |
| on page 1, line 18, after "computer.", by inserting the | 12 |
| following: | 13 |
| ""Computer software" does not include computer software that is | 14 |
| a web page or data components of web pages that are not | 15 |
| executable independently of the web page."; and | 16 |
| on page 1, by deleting lines 19 through 27; and | 17 |
| on page 2, line 1, after "that", by inserting "intentionally"; | 18 |
| and | 19 |
| on page 2, line 2, after "deceive", by inserting "an owner or | 20 |
| operator of a computer."; and |
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| on page 2, by deleting line 3; and | 2 |
| on page 2, line 4, after "of", by inserting "intentional and"; | 3 |
| and | 4 |
| on page 2, line 5, after "an", by replacing "authorized user" | 5 |
| with "owner or operator of a computer"; and | 6 |
| on page 2, line 5, after "the", by deleting "download or"; and | 7 |
| on page 2, line 6, after "installation", by inserting "or | 8 |
| execution"; and | 9 |
| on page 2, line 6, after "of", by inserting "computer"; and | 10 |
| on page 2, line 6, after "deceive", by replacing "the consumer" | 11 |
| with "such owner or operator"; and | 12 |
| on page 2, line 7, after ""Execute"", by deleting ", when used | 13 |
| with respect to computer software,"; and | 14 |
| on page 2, line 18, after "infrastructure", by inserting | 15 |
| "described in this subsection"; and | 16 |
| on page 2, line 23, after "following", by inserting "with | 17 |
| respect to an individual who is an owner or operator of a | 18 |
| computer"; and | 19 |
| on page 2, immediately below line 25, by inserting the | 20 |
| following: | 21 |
| "(2) A home or other physical address including street | 22 |
| name. | 23 |
| (3) An electronic mail address."; and |
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| on page 2, line 26, by replacing "(2)" with "(4)"; and | 2 |
| on page 2, line 26, after "numbers", by replacing "or other | 3 |
| financial" with ", bank account number, or any password or | 4 |
| access code associated with a credit card, debit card, or bank | 5 |
| account."; and | 6 |
| on page 2, by deleting lines 27 through 29; and | 7 |
| on page 2, line 30, by replacing "(4)" with "(5)"; and | 8 |
| on page 2, line 30, after "number", by inserting ", tax | 9 |
| identification number, driver's license number, passport | 10 |
| number, or any other government-issued identification number"; | 11 |
| and | 12 |
| on page 2, line 31, by replacing "(5)" with "(6)"; and | 13 |
| on page 2, line 33, after "overdraft history;", by inserting | 14 |
| "and"; and | 15 |
| on page 2, line 33, after "payment history", by replacing the | 16 |
| semicolon with a period; and | 17 |
| on page 2, by replacing lines 34 through 35 with the following: | 18 |
| ""Transmit" means to transfer, send, or make available | 19 |
| computer software, or any component thereof, via the Internet | 20 |
| or any other medium, including local area networks of | 21 |
| computers, other non-wire transmission and discs, or other data | 22 |
| storage devices. "Transmit" does not include any action by a | 23 |
| person providing: | 24 |
| (1) The Internet connection, telephone connection, or | 25 |
| other means of transmission capability, such as a compact | 26 |
| disk or digital video disk, through which the software was |
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| made available. | 2 |
| (2) The storage or hosting of the software program or | 3 |
| an Internet web page through which the software was made | 4 |
| available. | 5 |
| (3) An information location tool, such as a directory, | 6 |
| index, reference, pointer, or hypertext link, through | 7 |
| which the user of the computer located the software, unless | 8 |
| such person receives a direct economic benefit from the | 9 |
| execution of such software on the computer."; and | 10 |
| on page 3, line 1, after "spyware", by deleting "; authorized | 11 |
| user"; and | 12 |
| on page 3, line 1, by replacing "A person or" with the | 13 |
| following: | 14 |
| "It shall be unlawful for any person that is not an owner or | 15 |
| operator of a computer to transmit computer software to such | 16 |
| computer, with actual knowledge or with conscious avoidance of | 17 |
| actual actual knowledge, and to use such software to do any of | 18 |
| the following: | 19 |
| on page 3, by deleting lines 2 through 6; and | 20 |
| on page 3, line 7, after "means", by inserting "settings that | 21 |
| control any of the following:"; and | 22 |
| on page 3, by deleting lines 8 and 9; and | 23 |
| on page 3, line 10, after "an", by replacing "authorized user" | 24 |
| with "owner or operator of a computer"; and | 25 |
| on page 3, line 12, by deleting "program"; and | 26 |
| on page 3, line 13, after "an", by replacing "authorized" with |
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| "owner or operator of a computer"; and | 2 |
| on page 3, line 14, by deleting "user"; and | 3 |
| on page 3, line 15, after "An", by replacing "authorized | 4 |
| user's" with "owner or operator's"; and | 5 |
| on page 3, line 18, after "information", by deleting "that | 6 |
| meets any of the following"; and | 7 |
| on page 3, by deleting line 19; and | 8 |
| on page 3, line 20, by replacing "It is collected through" with | 9 |
| "Through"; and | 10 |
| on page 3, line 25, after "(B)", by replacing "It includes all" | 11 |
| with "In a manner that correlates such information with data | 12 |
| respecting all"; and | 13 |
| on page 3, line 26, after "an", by replacing "authorized user" | 14 |
| with "owner or operator of the computer"; and | 15 |
| on page 3, line 27, after "sites", by replacing "of the | 16 |
| provider of the software, if the computer" with "operated by | 17 |
| the person collecting such information."; and | 18 |
| on page 3, by deleting lines 28 through 30; and | 19 |
| on page 3, line 34, after "an", by replacing "authorized user" | 20 |
| with "owner or operator of the computer"; and | 21 |
| on page 3, line 35, after "Prevent,", by deleting "without the | 22 |
| authorization of an"; and |
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| on page 3, line 36, by deleting "authorized user,"; and | 2 |
| on page 3, line 36, after "an", by replacing "authorized" with | 3 |
| "owner or operator's"; and | 4 |
| on page 4, line 1, by deleting "user's"; and | 5 |
| on page 4, line 1, after "installation", by inserting "or | 6 |
| execution"; and | 7 |
| on page 4, line 2, after "disable", by inserting "computer"; | 8 |
| and | 9 |
| on page 4, line 2, after "causing", by inserting "such"; and | 10 |
| on page 4, line 2, after "that", by replacing "the authorized" | 11 |
| with "an owner or operator of the computer"; and | 12 |
| on page 4, line 3, by deleting "user"; and | 13 |
| on page 4, line 3, after "disabled", by deleting "to"; and | 14 |
| on page 4, line 3, after "automatically", by inserting "to"; | 15 |
| and | 16 |
| on page 4, line 4, after "on the", by replacing "computer | 17 |
| without the" with "computer."; and | 18 |
| on page 4, by deleting line 5; and | 19 |
| on page 4, line 7, after "an", by replacing "authorized user's | 20 |
| action, with knowledge" with "owner or operator's action."; and | 21 |
| on page 4, by deleting line 8; and |
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| on page 4, line 12, after "spyware", by deleting "; | 2 |
| unauthorized user"; and | 3 |
| on page 4, by replacing lines 13 through 17 with the following: | 4 |
| "(a) It shall be unlawful for any person who is not an | 5 |
| owner or operator of a computer to transmit software to such | 6 |
| computer, with actual knowledge or with conscious avoidance of | 7 |
| actual knowledge, to use such software to do any of the | 8 |
| following:"; and | 9 |
| on page 4, line 18, after "of", by replacing "the consumer's" | 10 |
| with "such"; and | 11 |
| on page 4, line 18, after "computer", by replacing "by doing" | 12 |
| with "by:"; and | 13 |
| on page 4, by deleting lines 19 through 24; and | 14 |
| on page 4, line 25, by replacing "(B) Access or use the | 15 |
| consumer's" with "(A) Accessing or using the"; and | 16 |
| on page 4, line 26, after "for", by inserting "such computer | 17 |
| for"; and | 18 |
| on page 4, line 27, by deleting "consumer's"; and | 19 |
| on page 4, line 27, after "or", by deleting "of"; and | 20 |
| on page 4, line 27, after "an", by replacing "authorized user" | 21 |
| with "owner or operator"; and | 22 |
| on page 4, line 28, after "that", by replacing "is not" with | 23 |
| "no owner or operator of such computer has authorized."; and |
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| on page 4, by deleting line 29; and | 2 |
| on page 4, by replacing lines 30 through 35 with the following: | 3 |
| "(B) Opening multiple, sequential, stand-alone | 4 |
| advertisements in an owner or operator's Internet | 5 |
| browser without the authorization of an owner or | 6 |
| operator and that a reasonable computer user cannot | 7 |
| close without turning off the computer or closing the | 8 |
| Internet browser."; and | 9 |
| on page 5, by deleting lines 1 through 5; and | 10 |
| on page 5, line 6, after "to", by replacing "the" with "such"; | 11 |
| and | 12 |
| on page 5, by replacing lines 8 through 13 with the following: | 13 |
| "(A) Settings that protect information about an | 14 |
| owner or operator of the computer for the purpose of | 15 |
| stealing personal identifiable information of such | 16 |
| owner or operator. | 17 |
| (B) Security settings for the purpose of causing | 18 |
| damage to a computer."; and | 19 |
| on page 5, line 14, after "Prevent", by replacing ", without | 20 |
| the authorization of an" with "an owner or operator's"; and | 21 |
| on page 5, line 15, by deleting "authorized user, an authorized | 22 |
| user's"; and | 23 |
| on page 5, line 16, after "disable", by inserting "computer"; | 24 |
| and | 25 |
| on page 5, line 18, after "(A)", by replacing "Present the |
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| authorized user" with "Presenting such owner or operator"; and | 2 |
| on page 5, line 19, after "of", by inserting "computer"; and | 3 |
| on page 5, line 20, after "selected", by deleting "by the | 4 |
| authorized user"; and | 5 |
| on page 5, line 21, after "installation", by deleting "will"; | 6 |
| and | 7 |
| on page 5, line 21, after "nevertheless", by replacing "occur" | 8 |
| with "proceeds"; and | 9 |
| on page 5, line 22, after "that", by inserting "computer"; and | 10 |
| on page 5, line 26, after "or a", by deleting "protected"; and | 11 |
| on page 5, line 30, after "support,", by inserting | 12 |
| "maintenance,"; and | 13 |
| on page 6, by replacing lines 2 through 4 with the following: | 14 |
| "(a) It is unlawful for any person, who is not an owner or | 15 |
| operator of a computer, to do any of the following with regard | 16 |
| to such computer:"; and | 17 |
| on page 6, line 5, after "an", by replacing "authorized user" | 18 |
| with "owner or operator"; and | 19 |
| on page 6, line 5, after "a", by inserting "computer"; and | 20 |
| on page 6, line 6, after "misrepresenting", by replacing "that" | 21 |
| with "the extent to which"; and | 22 |
| on page 6, line 7, after "installing", by inserting "such"; and |
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| on page 6, line 10, after "cause the", by deleting "copying | 2 |
| and"; and | 3 |
| on page 6, line 12, after "an", by replacing "authorized user" | 4 |
| with "owner or operator"; and | 5 |
| on page 6, line 12 after "a", by replacing "way" with "manner"; | 6 |
| and | 7 |
| on page 6, line 20, after "support,", by inserting | 8 |
| "maintenance,"; and | 9 |
| on page 6, line 25, after "software", by replacing "proscribed" | 10 |
| with "prescribed"; and | 11 |
| on page 6, by deleting lines 27 through 32; and | 12 |
| on page 6, line 33, after "Section", by replacing "30" with | 13 |
| "25"; and | 14 |
| on page 7, line 1, after "application", by deleting "to any | 15 |
| person or circumstance"; and | 16 |
| on page 7, line 2, by replacing "the" with "that"; and | 17 |
| on page 7, line 2, after "invalidity", by replacing "of that | 18 |
| provision or application does" with "shall"; and | 19 |
| on page 7, line 3, after "or", by replacing "applications of | 20 |
| this Act" with "applications".
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