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 BILL NUMBER:  S1102

 TITLE OF BILL :

An act to amend the general business law, in relation to establishing "the computer security act"

  PURPOSE :

The purpose of this legislation is to protect the safety of internet users from those with intent to deceive or defraud those users.

 SUMMARY OF PROVISIONS :

Section one is the short title, and states that this act shall be known and may be cited as "the computer security act."

Section two amends the general business law by adding a new article 9-D.

It states the following:

* It shall be illegal for a person or entity that is not an authorized user of a computer in this state to knowingly, willfully, or with conscious indifference or disregard cause computer software to be copied onto such computer and use the software to modify through intentionally deceptive means.

* Collection through intentionally deceptive means, prevent, without the authorization of an authorized user, through intentionally deceptive means, intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action.

* The attorney general may bring a civil action against any person violating the provisions of this article to the penalties for the violation.

* Preempting other jurisdictional actions about spyware.

 JUSTIFICATION :

The Computer Security Act is designed to provide Internet users in New York State from cyberattacks, identity theft, invasion of their privacy and misuse of their computing or network resources by unsolicited commercial email. There are four principal types of Internet malicious behavior and/or malware against which the Act protects. They are: botnet attacks, identity theft, "SPAM" email, spyware and use of various types of malicious software for attack upon computers in New York State.

A Botnet is a  JARGON  term for a collection of  SOFTWARE AGENTS , or robots, that run autonomously and automatically. Botnets are often used to send spam, but can also be used to carry out coordinated security attacks on targets elsewhere on the Internet such as bank and credit card company computers, public utilities, and home computers that may have confidential information on them.

Identity theft refers to a specific type of fraud, either computer-assisted or not, which involves someone pretending to be someone else in order to steal money or get other benefits. The person whose identity is used can suffer various consequences when, or if, he or she is held responsible for the perpetrator's actions.  Frequently, identity theft is accomplished via the use of Botnets, or by keystroke logger software surreptitiously placed upon one's computer. Such keystroke logger software records and transmits to a remote location, all of a computer user's passwords, confidential information and Internet use.

Spam, otherwise known as unsolicited commercial email (UCE), misuses resources, invades privacy and costs Internet users money. Some spam email is designed to trick people into giving out their credit card information, or to become victimized by other frauds, and other spam simply overloads Corporate email systems, which must be repaired at great expense.

Spyware can pose serious threats to the safety of computers. The damages can range from simply clogging up the internal workings of one's computer, to slowing down your applications and eventually causing your system to crash, to theft of one's identity or other confidential information.

All of these types of malicious software and malicious computer attacks can cause very costly damage to New Yorkers' home computers, and to corporate and government computers. More importantly, the type of behavior this act guards against can undermine the health, safety and welfare of the State and its citizens.

 LEGISLATIVE HISTORY :

2009-10: S.7039/A.11681 - Referred to Codes/Economic Development

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE : The act shall take effect on the first of November next succeeding the date on which it shall have become a law. 

Text

STATE OF NEW YORK
________________________________________________________________________

1102

2011-2012 Regular Sessions

IN SENATE

January 5, 2011
___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the general business law, in  relation  to  establishing
  "the computer security act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 150 of  the  general  business  law  is  renumbered
section 154.
  S  2.  The general business law is amended by adding a new article 9-D
to read as follows:
                               ARTICLE 9-D
                        THE COMPUTER SECURITY ACT
SECTION 150.   SHORT TITLE.
        151.   DEFINITIONS.
        152.   UNLAWFUL ACTS INVOLVING COMPUTER SOFTWARE.
        153.   PENALTIES.
        153-A. IMMUNITY FROM LIABILITY FOR VIOLATIONS.
        153-B. PREEMPTING OTHER JURISDICTIONAL ACTIONS ABOUT SPYWARE.
  S 150. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  "THE
COMPUTER SECURITY ACT."
  S 151. DEFINITIONS.  FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "ADVERTISEMENT" MEANS A COMMUNICATION, THE PRIMARY PURPOSE OF WHICH
IS  THE COMMERCIAL PROMOTION OF A COMMERCIAL PRODUCT OR SERVICE, INCLUD-
ING CONTENT ON AN INTERNET WEBSITE OPERATED FOR A COMMERCIAL PURPOSE.
  2. "AUTHORIZED USER," WITH RESPECT TO A COMPUTER, MEANS A  PERSON  WHO
OWNS OR IS AUTHORIZED BY THE OWNER OR LESSEE TO USE THE COMPUTER.
  3. "CAUSE TO BE COPIED" MEANS TO DISTRIBUTE OR TRANSFER COMPUTER SOFT-
WARE OR ANY COMPONENT THEREOF. SUCH TERM SHALL NOT INCLUDE PROVIDING:
  A. TRANSMISSION, ROUTING, PROVISION OF INTERMEDIATE TEMPORARY STORAGE,
OR CACHING OF SOFTWARE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00978-01-1
S. 1102                             2

  B.  A  STORAGE  MEDIUM,  SUCH  AS A COMPACT DISK, WEBSITE, OR COMPUTER
SERVER, THROUGH WHICH THE SOFTWARE WAS DISTRIBUTED BY A THIRD PARTY; OR
  C.  AN  INFORMATION  LOCATION TOOL, SUCH AS A DIRECTORY, INDEX, REFER-
ENCE, POINTER, OR HYPERTEXT LINK, THROUGH WHICH THE USER OF THE COMPUTER
LOCATED THE SOFTWARE.
  4. "COMPUTER SOFTWARE" MEANS A SEQUENCE OF INSTRUCTIONS WRITTEN IN ANY
PROGRAMMING LANGUAGE THAT IS EXECUTED ON A COMPUTER. SUCH TERM SHALL NOT
INCLUDE A TEXT OR DATA FILE, A WEB PAGE, OR A DATA COMPONENT  OF  A  WEB
PAGE THAT IS NOT EXECUTABLE INDEPENDENTLY OF THE WEB PAGE.
  5.  "COMPUTER  VIRUS"  MEANS  A  COMPUTER  PROGRAM  OR  OTHER  SET  OF
INSTRUCTIONS THAT IS DESIGNED TO DEGRADE THE PERFORMANCE OF OR DISABLE A
COMPUTER OR COMPUTER NETWORK  AND IS DESIGNED TO  HAVE  THE  ABILITY  TO
REPLICATE  ITSELF  ON  OTHER  COMPUTERS OR COMPUTER NETWORKS WITHOUT THE
AUTHORIZATION OF THE OWNERS OF THOSE COMPUTERS OR COMPUTER NETWORKS.
  6. "CONSUMER" MEANS AN INDIVIDUAL WHO RESIDES IN THIS  STATE  AND  WHO
USES  THE COMPUTER IN QUESTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSE-
HOLD PURPOSES.
  7. "DAMAGE" MEANS ANY  SIGNIFICANT  IMPAIRMENT  TO  THE  INTEGRITY  OR
AVAILABILITY OF DATA, SOFTWARE, A SYSTEM, OR INFORMATION.
  8.  "EXECUTE,"  WHEN USED WITH RESPECT TO COMPUTER SOFTWARE, MEANS THE
PERFORMANCE OF THE FUNCTIONS OR THE CARRYING OUT OF THE INSTRUCTIONS  OF
THE COMPUTER SOFTWARE.
  9. "INTENTIONALLY DECEPTIVE" MEANS ANY OF THE FOLLOWING:
  A.  BY  MEANS  OF  AN INTENTIONALLY AND MATERIALLY FALSE OR FRAUDULENT
STATEMENT;
  B. BY MEANS OF A STATEMENT OR DESCRIPTION THAT INTENTIONALLY OMITS  OR
MISREPRESENTS MATERIAL INFORMATION IN ORDER TO DECEIVE THE CONSUMER; OR
  C.  BY  MEANS  OF  AN  INTENTIONAL AND MATERIAL FAILURE TO PROVIDE ANY
NOTICE TO AN AUTHORIZED USER REGARDING THE DOWNLOAD OR  INSTALLATION  OF
SOFTWARE IN ORDER TO DECEIVE THE CONSUMER.
  10.  "INTERNET"  MEANS THE GLOBAL INFORMATION SYSTEM THAT IS LOGICALLY
LINKED TOGETHER BY A GLOBALLY UNIQUE ADDRESS SPACE BASED ON THE INTERNET
PROTOCOL OR ITS SUBSEQUENT EXTENSIONS; THAT IS ABLE TO SUPPORT  COMMUNI-
CATIONS USING THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL SUITE,
ITS  SUBSEQUENT EXTENSIONS, OR OTHER INTERNET PROTOCOL COMPATIBLE PROTO-
COLS; AND THAT PROVIDES, USES, OR MAKES ACCESSIBLE, EITHER  PUBLICLY  OR
PRIVATELY, HIGH LEVEL SERVICES LAYERED ON THE COMMUNICATIONS AND RELATED
INFRASTRUCTURE DESCRIBED IN THIS SUBDIVISION.
  11.  "PERSON"  MEANS ANY INDIVIDUAL, PARTNERSHIP, CORPORATION, LIMITED
LIABILITY COMPANY, OR OTHER ORGANIZATION, OR ANY COMBINATION THEREOF.
  12. "PERSONALLY IDENTIFIABLE INFORMATION" MEANS ANY OF THE FOLLOWING:
  A. A FIRST NAME OR FIRST INITIAL IN COMBINATION WITH A LAST NAME;
  B. CREDIT OR DEBIT CARD NUMBERS OR OTHER FINANCIAL ACCOUNT NUMBERS;
  C. A PASSWORD OR PERSONAL IDENTIFICATION NUMBER REQUIRED TO ACCESS  AN
IDENTIFIED FINANCIAL ACCOUNT;
  D. A SOCIAL SECURITY NUMBER; OR
  E.  ANY OF THE FOLLOWING INFORMATION IN A FORM THAT PERSONALLY IDENTI-
FIES AN AUTHORIZED USER:
  (1) ACCOUNT BALANCES;
  (2) OVERDRAFT HISTORY;
  (3) PAYMENT HISTORY;
  (4) A HISTORY OF WEBSITES VISITED;
  (5) A HOME ADDRESS;
  (6) A WORK ADDRESS; OR
  (7) A RECORD OF A PURCHASE OR PURCHASES.
S. 1102                             3

  S 152. UNLAWFUL ACTS INVOLVING COMPUTER SOFTWARE. 1. IT SHALL BE ILLE-
GAL FOR A PERSON OR ENTITY THAT IS NOT AN AUTHORIZED USER, AS DEFINED IN
SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE, OF  A  COMPUTER  IN  THIS
STATE  TO KNOWINGLY, WILLFULLY, OR WITH CONSCIOUS INDIFFERENCE OR DISRE-
GARD CAUSE COMPUTER SOFTWARE TO BE COPIED ONTO SUCH COMPUTER AND USE THE
SOFTWARE TO DO ANY OF THE FOLLOWING:
  A. MODIFY, THROUGH INTENTIONALLY DECEPTIVE MEANS, ANY OF THE FOLLOWING
SETTINGS RELATED TO THE COMPUTER'S ACCESS TO, OR USE OF, THE INTERNET:
  (1) THE PAGE THAT APPEARS WHEN AN AUTHORIZED USER LAUNCHES AN INTERNET
BROWSER  OR  SIMILAR  SOFTWARE  PROGRAM  USED TO ACCESS AND NAVIGATE THE
INTERNET;
  (2) THE DEFAULT PROVIDER OR WEB PROXY  THE  AUTHORIZED  USER  USES  TO
ACCESS OR SEARCH THE INTERNET; OR
  (3) THE AUTHORIZED USER'S LIST OF BOOKMARKS USED TO ACCESS WEB PAGES;
  B.  COLLECT,  THROUGH  INTENTIONALLY DECEPTIVE MEANS, PERSONALLY IDEN-
TIFIABLE INFORMATION THAT MEETS ANY OF THE FOLLOWING CRITERIA:
  (1) IT IS COLLECTED THROUGH THE USE OF  A  KEYSTROKE-LOGGING  FUNCTION
THAT  RECORDS  ALL  KEYSTROKES  MADE  BY AN AUTHORIZED USER WHO USES THE
COMPUTER AND TRANSFERS THAT INFORMATION FROM  THE  COMPUTER  TO  ANOTHER
PERSON;
  (2) IT INCLUDES ALL OR SUBSTANTIALLY ALL OF THE WEBSITES VISITED BY AN
AUTHORIZED USER, OTHER THAN WEBSITES OF THE PROVIDER OF THE SOFTWARE, IF
THE COMPUTER SOFTWARE WAS INSTALLED IN A MANNER DESIGNED TO CONCEAL FROM
ALL AUTHORIZED USERS OF THE COMPUTER THE FACT THAT THE SOFTWARE IS BEING
INSTALLED; OR
  (3) IT IS A DATA ELEMENT DESCRIBED IN PARAGRAPH B, C, OR D OF SUBDIVI-
SION  TWELVE  OF  SECTION  ONE  HUNDRED FIFTY-ONE OF THIS ARTICLE, OR IN
SUBPARAGRAPH ONE OR TWO OF PARAGRAPH E OF SUBDIVISION TWELVE OF  SECTION
ONE  HUNDRED  FIFTY-ONE  OF  THIS  ARTICLE,  THAT  IS EXTRACTED FROM THE
CONSUMER'S OR BUSINESS ENTITY'S COMPUTER HARD DRIVE FOR A PURPOSE WHOLLY
UNRELATED TO ANY OF THE PURPOSES OF THE SOFTWARE OR SERVICE DESCRIBED TO
AN AUTHORIZED USER;
  C. PREVENT, WITHOUT THE AUTHORIZATION OF AN AUTHORIZED  USER,  THROUGH
INTENTIONALLY  DECEPTIVE  MEANS, AN AUTHORIZED USER'S REASONABLE EFFORTS
TO BLOCK THE INSTALLATION OF, OR TO DISABLE, SOFTWARE, BY CAUSING  SOFT-
WARE  THAT THE AUTHORIZED USER HAS PROPERLY REMOVED OR DISABLED TO AUTO-
MATICALLY REINSTALL OR REACTIVATE ON THE COMPUTER WITHOUT  THE  AUTHORI-
ZATION OF AN AUTHORIZED USER;
  D.  INTENTIONALLY  MISREPRESENT  THAT  SOFTWARE WILL BE UNINSTALLED OR
DISABLED BY AN AUTHORIZED USER'S ACTION, WITH KNOWLEDGE THAT  THE  SOFT-
WARE WILL NOT BE SO UNINSTALLED OR DISABLED; OR
  E.  THROUGH  INTENTIONALLY DECEPTIVE MEANS, REMOVE, DISABLE, OR RENDER
INOPERATIVE SECURITY, ANTISPYWARE, OR ANTIVIRUS  SOFTWARE  INSTALLED  ON
THE COMPUTER.
  2.  IT  SHALL BE ILLEGAL FOR A PERSON OR ENTITY THAT IS NOT AN AUTHOR-
IZED USER, AS DEFINED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS  ARTICLE,
OF  A  COMPUTER IN THIS STATE TO KNOWINGLY, WILLFULLY, OR WITH CONSCIOUS
INDIFFERENCE OR DISREGARD CAUSE COMPUTER SOFTWARE TO BE COPIED ONTO SUCH
COMPUTER AND USE THE SOFTWARE TO DO ANY OF THE FOLLOWING:
  A. TAKE CONTROL OF THE CONSUMER'S OR  BUSINESS  ENTITY'S  COMPUTER  BY
DOING ANY OF THE FOLLOWING:
  (1)  TRANSMITTING OR RELAYING COMMERCIAL ELECTRONIC MAIL OR A COMPUTER
VIRUS FROM THE CONSUMER'S OR BUSINESS ENTITY'S COMPUTER, WHERE THE TRAN-
SMISSION OR RELAYING IS INITIATED BY A PERSON OTHER THAN THE  AUTHORIZED
USER AND WITHOUT THE AUTHORIZATION OF AN AUTHORIZED USER;
S. 1102                             4

  (2)  ACCESSING  OR  USING THE CONSUMER'S OR BUSINESS ENTITY'S MODEM OR
INTERNET SERVICE FOR THE PURPOSE OF CAUSING DAMAGE TO THE CONSUMER'S  OR
BUSINESS  ENTITY'S  COMPUTER OR OF CAUSING AN AUTHORIZED USER OR A THIRD
PARTY AFFECTED BY SUCH CONDUCT TO INCUR FINANCIAL CHARGES FOR A  SERVICE
THAT IS NOT AUTHORIZED BY AN AUTHORIZED USER;
  (3)  USING  THE CONSUMER'S OR BUSINESS ENTITY'S COMPUTER AS PART OF AN
ACTIVITY PERFORMED BY A GROUP OF COMPUTERS FOR THE  PURPOSE  OF  CAUSING
DAMAGE  TO  ANOTHER COMPUTER, INCLUDING, BUT NOT LIMITED TO, LAUNCHING A
DENIAL OF SERVICE ATTACK; OR
  (4) OPENING MULTIPLE, SEQUENTIAL, STAND-ALONE  ADVERTISEMENTS  IN  THE
CONSUMER'S  OR  BUSINESS  ENTITY'S INTERNET BROWSER WITHOUT THE AUTHORI-
ZATION OF AN AUTHORIZED  USER  AND  WITH  KNOWLEDGE  THAT  A  REASONABLE
COMPUTER  USER  CANNOT  CLOSE THE ADVERTISEMENTS WITHOUT TURNING OFF THE
COMPUTER OR CLOSING THE CONSUMER'S OR BUSINESS ENTITY'S  INTERNET  BROW-
SER;
  B.  MODIFY  ANY  OF  THE  FOLLOWING SETTINGS RELATED TO THE COMPUTER'S
ACCESS TO, OR USE OF, THE INTERNET:
  (1) AN AUTHORIZED USER'S  SECURITY  OR  OTHER  SETTINGS  THAT  PROTECT
INFORMATION  ABOUT  THE  AUTHORIZED  USER  FOR  THE  PURPOSE OF STEALING
PERSONAL INFORMATION OF AN AUTHORIZED USER; OR
  (2) THE SECURITY SETTINGS OF THE COMPUTER FOR THE PURPOSE  OF  CAUSING
DAMAGE TO ONE OR MORE COMPUTERS; OR
  C.  PREVENT,  WITHOUT  THE  AUTHORIZATION  OF  AN  AUTHORIZED USER, AN
AUTHORIZED USER'S REASONABLE EFFORTS TO BLOCK THE INSTALLATION OF, OR TO
DISABLE, SOFTWARE, BY DOING ANY OF THE FOLLOWING:
  (1) PRESENTING THE AUTHORIZED USER WITH AN OPTION TO DECLINE INSTALLA-
TION OF SOFTWARE WITH KNOWLEDGE THAT, WHEN THE OPTION IS SELECTED BY THE
AUTHORIZED USER, THE INSTALLATION NEVERTHELESS PROCEEDS; OR
  (2) FALSELY REPRESENTING THE SOFTWARE HAS BEEN DISABLED.
  3. IT SHALL BE ILLEGAL FOR A PERSON OR ENTITY THAT IS NOT  AN  AUTHOR-
IZED  USER, AS DEFINED IN SECTION ONE HUNDRED FIFTY-ONE OF THIS ARTICLE,
OF A COMPUTER IN THIS STATE TO DO ANY OF THE FOLLOWING  WITH  REGARD  TO
SUCH COMPUTER:
  A.  INDUCE AN AUTHORIZED USER TO INSTALL A SOFTWARE COMPONENT ONTO THE
COMPUTER BY INTENTIONALLY MISREPRESENTING THAT  INSTALLING  SOFTWARE  IS
NECESSARY  FOR SECURITY OR PRIVACY REASONS OR IN ORDER TO OPEN, VIEW, OR
PLAY A PARTICULAR TYPE OF CONTENT; OR
  B. DECEPTIVELY CAUSING THE COPYING AND EXECUTION ON THE COMPUTER OF  A
COMPUTER  SOFTWARE  COMPONENT  WITH  THE INTENT OF CAUSING AN AUTHORIZED
USER TO USE THE COMPONENT IN A WAY THAT VIOLATES ANY OTHER PROVISION  OF
THIS SUBDIVISION.
  4. NOTHING IN THIS SECTION SHALL APPLY TO ANY MONITORING OF, OR INTER-
ACTION  WITH,  A USER'S INTERNET OR OTHER NETWORK CONNECTION OR SERVICE,
OR A PROTECTED COMPUTER, BY A TELECOMMUNICATIONS CARRIER,  CABLE  OPERA-
TOR,  COMPUTER HARDWARE OR SOFTWARE PROVIDER, OR PROVIDER OF INFORMATION
SERVICE OR INTERACTIVE COMPUTER SERVICE FOR NETWORK OR COMPUTER SECURITY
PURPOSES, DIAGNOSTICS, TECHNICAL SUPPORT,  REPAIR,  NETWORK  MANAGEMENT,
NETWORK  MAINTENANCE, AUTHORIZED UPDATES OF SOFTWARE OR SYSTEM FIRMWARE,
AUTHORIZE REMOTE SYSTEM MANAGEMENT, OR DETECTION OR  PREVENTION  OF  THE
UNAUTHORIZED  USE  OF  OR  FRAUDULENT  OR  OTHER  ILLEGAL  ACTIVITIES IN
CONNECTION WITH A NETWORK,  SERVICE,  OR  COMPUTER  SOFTWARE,  INCLUDING
SCANNING FOR AND REMOVING SOFTWARE PROSCRIBED UNDER THIS ARTICLE.
  S  153.  PENALTIES. 1. ANY PERSON WHO VIOLATES THE PROVISIONS OF PARA-
GRAPH B OF SUBDIVISION ONE OF SECTION  ONE  HUNDRED  FIFTY-TWO  OF  THIS
ARTICLE,  SUBPARAGRAPH  ONE, TWO, OR THREE OF PARAGRAPH A OF SUBDIVISION
TWO OF SECTION ONE HUNDRED FIFTY-TWO OF THIS ARTICLE OR PARAGRAPH  B  OF
S. 1102                             5

SUBDIVISION  TWO  OF SECTION ONE HUNDRED FIFTY-TWO OF THIS ARTICLE SHALL
BE GUILTY OF A FELONY AND, UPON CONVICTION THEREOF, SHALL  BE  SENTENCED
TO  IMPRISONMENT FOR NOT LESS THAN ONE NOR MORE THAN TEN YEARS OR A FINE
OF NOT MORE THAN THREE MILLION DOLLARS, OR BOTH.
  2.  THE  ATTORNEY  GENERAL MAY BRING A CIVIL ACTION AGAINST ANY PERSON
VIOLATING THE PROVISIONS OF  THIS  ARTICLE  TO  THE  PENALTIES  FOR  THE
VIOLATION AND MAY RECOVER ANY OR ALL OF THE FOLLOWING:
  A.  A CIVIL PENALTY OF UP TO ONE HUNDRED DOLLARS PER VIOLATION OF THIS
ARTICLE, OR UP TO ONE HUNDRED THOUSAND DOLLARS FOR A PATTERN OR PRACTICE
OF SUCH VIOLATIONS;
  B. COSTS AND REASONABLE ATTORNEY'S FEES; AND
  C. AN ORDER TO ENJOIN THE VIOLATION.
  3. IN THE CASE OF A VIOLATION OF SUBPARAGRAPH TWO OF  PARAGRAPH  A  OF
SUBDIVISION  TWO  OF  SECTION ONE HUNDRED FIFTY-TWO OF THIS ARTICLE THAT
CAUSES A TELECOMMUNICATIONS CARRIER TO INCUR COSTS FOR THE  ORIGINATION,
TRANSPORT,  OR  TERMINATION  OF  A  CALL  TRIGGERED USING THE MODEM OF A
CUSTOMER  OF  SUCH  TELECOMMUNICATIONS  CARRIER  AS  A  RESULT  OF  SUCH
VIOLATION,  THE  TELECOMMUNICATIONS  CARRIER  MAY  BRING  A CIVIL ACTION
AGAINST THE VIOLATOR TO RECOVER ANY OR ALL OF THE FOLLOWING:
  A. THE CHARGES SUCH CARRIER IS OBLIGATED TO PAY TO ANOTHER CARRIER  OR
TO AN INFORMATION SERVICE PROVIDER AS A RESULT OF THE VIOLATION, INCLUD-
ING,  BUT  NOT  LIMITED  TO,  CHARGES  FOR THE ORIGINATION, TRANSPORT OR
TERMINATION OF THE CALL;
  B. COSTS OF HANDLING CUSTOMER INQUIRIES OR COMPLAINTS WITH RESPECT  TO
AMOUNTS BILLED FOR SUCH CALLS;
  C. COSTS AND REASONABLE ATTORNEY'S FEES; AND
  D. AN ORDER TO ENJOIN THE VIOLATION.
  4.  AN  INTERNET  SERVICE  PROVIDER  OR  SOFTWARE COMPANY THAT EXPENDS
RESOURCES IN GOOD FAITH ASSISTING CONSUMERS OR BUSINESS ENTITIES  HARMED
BY  A VIOLATION OF THIS ARTICLE, OR A TRADEMARK OWNER WHOSE MARK IS USED
TO DECEIVE CONSUMERS OR BUSINESS ENTITIES IN VIOLATION OF THIS  ARTICLE,
MAY ENFORCE THE VIOLATION AND MAY RECOVER ANY OR ALL OF THE FOLLOWING:
  A.  STATUTORY  DAMAGES  OF  NOT  MORE  THAN  ONE  HUNDRED  DOLLARS PER
VIOLATION OF THIS ARTICLE, OR UP TO ONE MILLION DOLLARS FOR A PATTERN OR
PRACTICE OF SUCH VIOLATIONS;
  B. COSTS AND REASONABLE ATTORNEY'S FEES; AND
  C. AN ORDER TO ENJOIN THE VIOLATION.
  S 153-A. IMMUNITY FROM LIABILITY FOR VIOLATIONS. 1. FOR  THE  PURPOSES
OF  THIS SECTION, THE TERM "EMPLOYER" INCLUDES A BUSINESS ENTITY'S OFFI-
CERS, DIRECTORS, PARENT CORPORATION, SUBSIDIARIES, AFFILIATES, AND OTHER
CORPORATE ENTITIES UNDER COMMON OWNERSHIP OR CONTROL WITHIN  A  BUSINESS
ENTERPRISE.  NO  EMPLOYER MAY BE HELD CRIMINALLY OR CIVILLY LIABLE UNDER
THIS ARTICLE AS A RESULT OF ANY ACTIONS TAKEN:
  A. WITH RESPECT TO COMPUTER EQUIPMENT USED BY ITS EMPLOYEES,  CONTRAC-
TORS, SUBCONTRACTORS, AGENTS, LEASED EMPLOYEES, OR OTHER STAFF WHICH THE
EMPLOYER  OWNS,  LEASES,  OR  OTHERWISE  MAKES AVAILABLE OR ALLOWS TO BE
CONNECTED TO THE EMPLOYER'S NETWORK OR OTHER COMPUTER FACILITIES; OR
  B. BY EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS,  LEASED  EMPLOY-
EES,  OR  OTHER STAFF WHO MISUSE AN EMPLOYER'S COMPUTER EQUIPMENT FOR AN
ILLEGAL PURPOSE WITHOUT THE EMPLOYER'S KNOWLEDGE, CONSENT, OR APPROVAL.
  2. NO PERSON SHALL BE HELD CRIMINALLY OR  CIVILLY  LIABLE  UNDER  THIS
ARTICLE  WHEN  ITS  PROTECTED  COMPUTERS  HAVE BEEN USED BY UNAUTHORIZED
USERS TO VIOLATE THIS ARTICLE OR OTHER LAWS WITHOUT SUCH PERSON'S  KNOW-
LEDGE, CONSENT, OR APPROVAL.
  3.  A  MANUFACTURER  OR  RETAILER  OF  COMPUTER EQUIPMENT SHALL NOT BE
LIABLE UNDER THIS SECTION, CRIMINALLY OR CIVILLY, TO THE EXTENT THAT THE
S. 1102                             6

MANUFACTURER OR RETAILER IS PROVIDING THIRD PARTY BRANDED SOFTWARE  THAT
IS INSTALLED ON THE COMPUTER EQUIPMENT THAT THE MANUFACTURER OR RETAILER
IS MANUFACTURING OR SELLING.
  S  153-B.  PREEMPTING OTHER JURISDICTIONAL ACTIONS ABOUT SPYWARE.  THE
LEGISLATURE FINDS THAT THIS ARTICLE IS A MATTER OF  STATE-WIDE  CONCERN.
THIS  ARTICLE  SUPERSEDES  AND  PREEMPTS  ALL RULES, REGULATIONS, CODES,
ORDINANCES, AND OTHER LAWS ADOPTED BY ANY COUNTY, MUNICIPALITY,  CONSOL-
IDATED  GOVERNMENT, OR OTHER LOCAL GOVERNMENTAL AGENCY REGARDING SPYWARE
AND NOTICES TO CONSUMERS  FROM  COMPUTER  SOFTWARE  PROVIDERS  REGARDING
INFORMATION COLLECTION.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.