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80C335(1) JRJ

CHAPTER 145. CONSUMER PROTECTION AGAINST COMPUTER SPYWARE ACT

SUBCHAPTER A. GENERAL PROVISIONS

Revised Law

145.001.

SHORT TITLE.

This

chapter may be cited as the Consumer Protection Against Computer Spyware Act. (Bus. & Com. Code,

Sec. 48.001, as added Acts 79th Leg., R.S., Ch. 298.)

Source Law

SHORT TITLE.

This

chapter may be cited as the Consumer Protection Against Computer Spyware Act.

Revised Law

145.002.

DEFINITIONS.

In this chapter:

"Advertisement" means a communication that includes the promotion of a commercial product or service, including communication on an Internet website operated for a commercial purpose.

"Computer software" means a sequence of instructions written in a programming language that is executed on a computer.

The term does not include:

a web page;

a data component of a web page that cannot be executed independently of that page.

"Damage," with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.

"Execute," with respect to computer software, means to perform a function or carry out instructions.

"Keystroke-logging function" means a function of a computer software program that records all keystrokes made by a person using a computer and transfers that information from the computer to another person.

"Owner or operator of a computer" means the owner or lessee of a computer or an individual using a computer with the authorization of the owner or lessee of the computer.

If a computer was sold at retail, the phrase "owner of a computer" does not include the person who owned the computer before the date on which the computer was sold.

"Person" means any individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.

"Personally identifiable information," with respect to an individual who is the owner or operator of a computer, means:

first name or first initial in combination with last name;

a home or other physical address, including street name;

an electronic mail address;

a credit or debit card number;

a bank account number;

a password or access code associated with a credit or debit card or bank account;

a social security number, tax identification number, driver's license number, passport number, or other government-issued identification number;

any of the following information if the information alone or in combination with other information personally identifies the individual:

account balances;

overdraft history;

payment history. (Bus. & Com. Code, Secs. 48.002(1), (3), (4), (5), (6), (7), (8), (9), as added Acts 79th Leg., R.S., Ch. 298.)

Source Law

DEFINITIONS.

In this chapter:

"Advertisement" means a communication that includes the promotion of a commercial product or service, including communication on an Internet website operated for a commercial purpose.

"Computer software" means a sequence of instructions written in a programming language that is executed on a computer.

The term does not include:

a web page;

a data component of a web page that cannot be executed independently of that page.

"Damage," with respect to a computer, means significant impairment to the integrity or availability of data, computer software, a system, or information.

"Execute," with respect to computer software, means to perform a function or carry out instructions.

"Keystroke-logging function" means a function of a computer software program that records all keystrokes made by a person using a computer and transfers that information from the computer to another person.

"Owner or operator of a computer" means the owner or lessee of a computer or an individual using a computer with the authorization of the owner or lessee of the computer.

If a computer was sold at retail, the phrase "owner of a computer" does not include the person who owned the computer before the date on which the computer was sold.

"Person" means any individual, partnership, corporation, limited liability company, or other organization, or a combination of those organizations.

"Personally identifiable information," with respect to an individual who is the owner or operator of a computer, means:

first name or first initial in combination with last name;

a home or other physical address, including street name;

an electronic mail address;

a credit or debit card number;

a bank account number;

a password or access code associated with a credit or debit card or bank account;

a social security number, tax identification number, driver's license number, passport number, or other government-issued identification number;

any of the following information if the information alone or in combination with other information personally identifies the individual:

account balances;

overdraft history;

payment history.

Revised Law

145.003.

APPLICABILITY OF CHAPTER.

(

a) Section 145.052, other than Subdivision (1) of that section, and Sections 145.053(4) and 145.054 do not apply to a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service that monitors or has interaction with a subscriber's Internet or other network connection or service or a protected computer for:

network or computer security purposes;

diagnostics, technical support, or repair purposes;

authorized updates of computer software or system firmware;

authorized remote system management;

detection or prevention of unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.

This

chapter does not apply to:

the use of a navigation device, any interaction with a navigation device, or the installation or use of computer software on a navigation device by a multichannel video programming distributor, as defined by 47 U.S.C.

Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the provision of the programming or other service is subject to 47 U.S.C.

Section 338(

i) or 551;

the collection or disclosure of subscriber information by a multichannel video programming distributor, as defined by 47 U.S.C.

Section 522(13), or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming system if the collection or disclosure of the information is subject to 47 U.S.C.

Section 338(

i) or 551.

(Bus. & Com. Code,

Sec. 48.003, as added Acts 79th Leg., R.S., Ch. 298.)

Source Law

APPLICABILITY OF CHAPTER.

(

a) Section 48.052, other than Subdivision (1) of that section, and Sections 48.053(4) and 48.055 do not apply to a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service that monitors or has interaction with a subscriber's Internet or other network connection or service or a protected computer for:

network or computer security purposes;

diagnostics, technical support, or repair purposes;

authorized updates of computer software or system firmware;

authorized remote system management;

detection or prevention of unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this chapter.

This

chapter does not apply to:

the use of a navigation device, any interaction with a navigation device, or the installation or use of computer software on a navigation device by a multichannel video programming distributor or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video program