As used in this chapter:
(1) "Context based triggering
mechanism" means a software based trigger or program residing on a
consumer's computer that displays an advertisement according to:
(a) the current Internet website
accessed by a user; or
(b) the contents or
characteristics of the current Internet website accessed by a user.
(2) "Division" means the
Division of Consumer Protection in the Department of Commerce.
(3) "Internet" is as
defined in the Internet Tax Freedom Act, Pub. L. No. 105-277.
(4) Except as provided in Subsection
(5), "spyware" means software residing on a computer that:
(a) monitors the computer's usage;
(b)
(i) sends information about the
computer's usage to a remote computer or server; or
(ii) displays or causes to be
displayed an advertisement in response to the computer's usage if the
advertisement:
(A) does not clearly identify
the full legal name of the entity responsible for delivering the
advertisement;
(B) uses a federally
registered trademark as a trigger for the display of the advertisement
by a person other than:
(I) the trademark owner;
(II) an authorized agent of
licensee of the trademark owner; or
(III) a recognized Internet
search engine;
(C) uses a triggering
mechanism to display the advertisement according to the Internet
websites accessed by a user; or
(D) uses a context based
triggering mechanism to display the advertisement that partially or
wholly covers or obscures paid advertising or other content on an
Internet website in a way that interferes with a user's ability to
view the Internet website; and
(c) does not:
(i) obtain the consent of the
user, O AT THE TIME OF, OR O after installation of the software but
before the software does any of the actions described in Subsection
(4)(b);
(A) to a license agreement:
(I) presented in full; and
(II) written in plain
language;
(B) to a notice of the
collection of each specific type of information to be transmitted as a
result of the software installation;
(C) to a clear and
representative full-size example of each type of advertisement that
may be delivered;
(D) to a truthful statement of
the frequency with which each type of advertisement may be delivered;
and
(E) for each type of
advertisement delivered by the software, a clear description of a
method by which a user may distinguish the advertisement by its
appearance from an advertisement generated by other software services;
and
(ii) provide a method:
(A) by which a user may
quickly and easily disable and remove the software from the user's
computer;
(B) that does not have other
effects on the non-affiliated parts of the user's computer; and
(C) that uses obvious,
standard , usual, and ordinary methods for removal of computer
software.
(5) Notwithstanding Subsection (4),
"spyware" does not include:
(a) software designed and
installed solely to diagnose or resolve technical difficulties;
(b) software or data that solely
report to an Internet website information previously stored by the
Internet website on the user's computer, including:
(i) cookies;
(ii) HTML code; or
(iii) Java Scripts; or
(c) an operating system.
(6) "Usage" means:
(a) the Internet websites accessed
by a user;
(b) the contents or
characteristics of the Internet websites accessed by a user;
(c) a user's personal information,
including:
(i) a first and last name of a
user, whether:
(A) given at birth or
adoption;
(B) assumed; or
(C) legally changed;
(ii) any of the following with
respect to a user's home or other physical address:
(A) the street name;
(B) the name of the city or
town; or
(C) the zip code;
(iii) an electronic mail
address;
(iv) a telephone number;
(v) a Social Security number;
(vi) any personal identification
number;
(vii) a credit card number;
(viii) any access code
associated with a credit card;
(ix) a date of birth, birth
certificate number, or place of birth; or
(x) a password or access code;
or
(d) a user's submission to forms
or Internet websites.
(7) "User" means:
(a)
a computer owner; or
(b) a person who accesses an
Internet website.