Full Text of SB3036 94th General Assembly
SB3036ham001 94TH GENERAL ASSEMBLY
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Rep. Sidney H. Mathias
Filed: 4/3/2006
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09400SB3036ham001 |
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LRB094 18891 LJB 57644 a |
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| AMENDMENT TO SENATE BILL 3036
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| AMENDMENT NO. ______. Amend Senate Bill 3036 on page 2, | 3 |
| immediately below line 3, by inserting the following: | 4 |
| ""Deceptive" means a representation or other practice that | 5 |
| is likely to mislead a consumer acting reasonably under the | 6 |
| circumstances to the consumer's detriment."; and
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| on page 4, line 16, by deleting "intentionally"; and | 8 |
| on page 4, line 25, by deleting "intentionally"; and | 9 |
| on page 5, line 7, by deleting "intentionally"; and | 10 |
| on page 6, line 12, by deleting "intentionally"; and | 11 |
| on page 6, line 18, by replacing "Intentionally misrepresent" | 12 |
| with "Misrepresent"; and | 13 |
| on page 6, line 22, by deleting "intentionally"; and | 14 |
| on page 7, line 1, by deleting "intentionally"; and | 15 |
| on page 7, line 2, by deleting "intentionally"; and | 16 |
| on page 7, line 17, by deleting "intentionally"; and |
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09400SB3036ham001 |
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LRB094 18891 LJB 57644 a |
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| on page 7, line 27, by deleting "intentionally"; and | 2 |
| on page 10, immediately below line 8, by inserting the | 3 |
| following: | 4 |
| "Section 55. Good samaritan. | 5 |
| (a) No provider of computer software or of an interactive | 6 |
| computer service may be held liable for identifying, naming, | 7 |
| removing, disabling, or otherwise affecting computer software | 8 |
| though any action voluntarily undertaken or service provided if | 9 |
| the provider: | 10 |
| (1) intends to identify accurately, prevent the | 11 |
| installation or execution of, remove, or disable computer | 12 |
| software on the computer of a customer of the provider; | 13 |
| (2) reasonably believes the computer software exhibits | 14 |
| behavior that violates this Act; and | 15 |
| (3) before taking the action or providing the service, | 16 |
| notifies an owner or operator of a computer and obtains | 17 |
| consent before undertaking the action or providing the | 18 |
| service. | 19 |
| (b) A provider of computer software or interactive computer | 20 |
| service is entitled to protection under this Section only if | 21 |
| the provider: | 22 |
| (1) has established internal practices and procedures | 23 |
| to evaluate computer software reasonably designed to | 24 |
| determine whether or not computer software exhibits | 25 |
| behavior that violates this Act; and | 26 |
| (2) has established a process for managing disputes and | 27 |
| inquiries regarding misclassification or false positive | 28 |
| identifications of computer software programs. | 29 |
| (c) Nothing in this Section is intended to limit the | 30 |
| ability of the Attorney General or a State's Attorney to bring | 31 |
| an action against a provider of computer software or of an | 32 |
| interactive computer service.".
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