US Lawyer Database

Section 11-52.2-4. – Deceptive sale of software.

§ 11-52.2-4. Deceptive sale of software. It is unlawful for a person who is not an owner or operator to do any of the following with regard to the owner or operator’s computer: (1) Induce an owner or operator to install a computer software component onto the computer by intentionally misrepresenting the extent to which […]

Section 11-52.2-5. – Exemptions.

§ 11-52.2-5. Exemptions. Section 11-52.2-3 or 11-52.2-4 does not apply to any monitoring of, or interaction with, a subscriber’s internet or other network connection or service, or a computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, […]

Section 11-52.2-6. – Civil action.

§ 11-52.2-6. Civil action. (1) A person who is injured under this chapter may bring a civil action in the superior court to enjoin further violations, or to seek up to one thousand dollars ($1,000) per violation, or actual damages, whichever is greater. The injured individuals may bring their cause of action as a class […]

Section 11-52.2-7. – Legislative intent.

§ 11-52.2-7. Legislative intent. It is the intent of the legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and notices to consumers from computer software providers […]

Section 11-52.2-8. – Severability.

§ 11-52.2-8. Severability. If any one or more sections, clauses, sentences or parts of this chapter shall for any reason be adjudged unconstitutional or otherwise invalid in any court, that judgment shall not affect, impair or invalidate the remaining provisions of this chapter but shall be confined in its operation to the specific provisions so […]

Section 11-52.2-2. – Unlawful modification of computer settings.

§ 11-52.2-2. Unlawful modification of computer settings. It is unlawful for a person who is not an owner or operator to transmit computer software to the owner or operator’s computer with actual knowledge or with conscious avoidance of actual knowledge and to use such software to do any of the following: (1) Modify, through intentionally […]

Section 11-52.2-3. – Unlawful control of a computer.

§ 11-52.2-3. Unlawful control of a computer. It is unlawful for a person who is not an owner or operator to transmit computer software to the owner or operator’s computer with actual knowledge or with conscious avoidance of actual knowledge and to use the software to do any of the following: (1) Take control of […]

Section 11-52.2-1. – Definitions.

§ 11-52.2-1. Definitions. As used in this chapter: (1) “Advertisement” means a communication, the purpose of which is the promotion of a commercial product or service, including a communication on an internet website that is operated for a commercial purpose. (2) “Computer software” means a sequence of instructions written in any programming language that is […]