Rep. Sidney H. Mathias
Filed: 4/5/2006
 
 

 




 

 		












09400SB3036ham002

LRB094 18891 LJB 58061 a






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AMENDMENT TO SENATE BILL 3036




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    AMENDMENT NO. ______. Amend Senate Bill 3036 on page 2, 
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immediately below line 3, by inserting the following:
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    ""Deceptive" means any act or practice prohibited by 
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Section 2 of the Consumer Fraud and Deceptive Business 
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Practices Act and by any court decision interpreting that 
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Section."; and

 
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on page 4, line 16, by deleting "intentionally"; and
 
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on page 4, line 25, by deleting "intentionally"; and
 
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on page 5, line 7, by deleting "intentionally"; and
 
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on page 6, line 12, by deleting "intentionally"; and
 
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on page 6, line 18, by replacing "Intentionally misrepresent" 
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with "Misrepresent"; and
 
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on page 6, line 22, by deleting "intentionally"; and
 
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on page 7, line 1, by deleting "intentionally"; and
 
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on page 7, line 2, by deleting "intentionally"; and
 
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on page 7, line 17, by deleting "intentionally"; and
 
 


 






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on page 7, line 27, by deleting "intentionally"; and
 
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on page 10, immediately below line 8, by inserting the 
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following:
 
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    "Section 55. Good samaritan. 
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    (a) No provider of computer software or of an interactive 
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computer service may be held liable to a person who violates 
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this Act for identifying, naming, removing, disabling, or 
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otherwise affecting computer software through any action 
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voluntarily undertaken or service provided if the provider:
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        (1) intends to identify accurately, prevent the 
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    installation or execution of, remove, or disable computer 
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    software on the computer of a customer of the provider;
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        (2) reasonably believes the computer software  exhibits 
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    behavior that violates this Act; and
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        (3) before taking the action or providing the service, 
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    notifies an owner or operator of a computer and obtains 
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    consent before undertaking the action or providing the 
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    service.
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    (b) A provider of computer software or interactive computer 
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service is entitled to protection under this Section only if 
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the provider:
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        (1) has established internal practices and procedures 
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    to evaluate computer software reasonably designed to 
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    determine whether or not computer software exhibits 
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    behavior that violates this Act; and
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        (2) has established a process for managing disputes and 
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    inquiries regarding misclassification or false positive 
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    identifications of computer software programs.
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    (c) Nothing in this Section is intended to limit the 
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ability of the Attorney General or a State's Attorney to bring 
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an action against a provider of computer software or of an 
 


 






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interactive computer service.".