715.1 Legislative intent. It is the intent of the general assembly to protect owners and operators of computers in this state from the use of spyware and malware that is deceptively or surreptitiously installed on the owner’s or the operator’s computer. 2005 Acts, ch 94, §1
715.2 Title. This chapter shall be known and may be cited as the “Computer Spyware Protection Act”. 2005 Acts, ch 94, §2
715.3 Definitions. For purposes of this chapter, unless the context otherwise requires: 1. “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an internet site operated for a commercial purpose. 2. “Computer software” means a sequence of instructions written in any programming […]
715.4 Prohibitions — transmission and use of software. It is unlawful for a person who is not an owner or operator of a computer to transmit computer software to such computer knowingly or with conscious avoidance of actual knowledge, and to use such software to do any of the following: 1. Modify, through intentionally deceptive […]
715.5 Other prohibitions. It is unlawful for a person who is not an owner or operator of a computer to do any of the following with regard to the computer: 1. Induce an owner or operator to install a computer software component onto the owner’s or the operator’s computer by intentionally misrepresenting that installing computer […]
715.6 Exceptions. Sections 715.4 and 715.5 shall not apply to the monitoring of, or interaction with, an owner’s or an operator’s internet or other network connection, service, or 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, […]
715.7 Criminal penalties. 1. A person who commits an unlawful act under this chapter is guilty of an aggravated misdemeanor. 2. A person who commits an unlawful act under this chapter and who causes pecuniary losses exceeding one thousand dollars to a victim of the unlawful act is guilty of a class “D” felony. 2005 […]
715.8 Venue for criminal violations. For the purpose of determining proper venue, a violation of this chapter shall be considered to have been committed in any county in which any of the following apply: 1. An act was performed in furtherance of the violation. 2. The owner or operator who is the victim of the […]
