Sen. Kwame Raoul
Filed: 5/18/2005
 
 

 




 

 		












09400HB0380sam001

LRB094 06868 RXD 46689 a






1

AMENDMENT TO HOUSE BILL 380 




2
    AMENDMENT NO. ______. Amend House Bill 380 on page 1, line 
3
9, after "including", by replacing "content" with "such 
4
communication"; and  

 
5
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 
 
 


 






09400HB0380sam001
- 2 -
LRB094 06868 RXD 46689 a




1
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   
 
 


 






09400HB0380sam001
- 3 -
LRB094 06868 RXD 46689 a




1
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 
 


 






09400HB0380sam001
- 4 -
LRB094 06868 RXD 46689 a




1
    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 
 


 






09400HB0380sam001
- 5 -
LRB094 06868 RXD 46689 a




1
"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  
 
 


 






09400HB0380sam001
- 6 -
LRB094 06868 RXD 46689 a




1
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  
 
 


 






09400HB0380sam001
- 7 -
LRB094 06868 RXD 46689 a




1
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  
 
 


 






09400HB0380sam001
- 8 -
LRB094 06868 RXD 46689 a




1
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 
 


 






09400HB0380sam001
- 9 -
LRB094 06868 RXD 46689 a




1
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 
 
 


 






09400HB0380sam001
- 10 -
LRB094 06868 RXD 46689 a




1
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".