Sen. Kwame Raoul
Filed: 5/24/2005
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 380




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    AMENDMENT NO. ______. Amend House Bill 380 on page 1, line 
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9, after "including", by replacing "content" with "such 
4
communication"; and 

 
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on page 1, by replacing lines 11 through 15 with the following:  
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    ""Owner or operator" means the owner or lessee of a 
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computer, or someone using such computer with the owner's or 
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lessee's authorization.  "Owner or operator" does not include 
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any person that owns a computer prior to the first retail sale 
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of such computer."; and   
 
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on page 1, line 18, after "computer.", by inserting the 
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following:  
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""Computer software" does not include computer software that is 
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a web page or data components of web pages that are not 
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executable independently of the web page."; and  
 
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on page 1, by deleting lines 19 through 27; and 
 
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on page 2, line 1, after "that", by inserting "intentionally"; 
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and 
 
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on page 2, line 2, after "deceive", by inserting "an owner or 
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operator of a computer."; and 
 
 


 






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on page 2, by deleting line 3; and   
 
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on page 2, line 4, after "of", by inserting "intentional and"; 
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and  
 
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on page 2, line 5, after "an", by replacing "authorized user" 
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with "owner or operator of a computer"; and  
 
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on page 2, line 5, after "the", by deleting "download or"; and  
 
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on page 2, line 6, after "installation", by inserting "or 
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execution"; and  
 
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on page 2, line 6, after "of", by inserting "computer"; and  
 
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on page 2, line 6, after "deceive", by replacing "the consumer" 
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with "such owner or operator"; and  
 
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on page 2, line 7, after ""Execute"", by deleting ", when used 
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with respect to computer software,"; and  
 
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on page 2, line 18, after "infrastructure", by inserting 
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"described in this subsection"; and  
 
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on page 2, line 23, after "following", by inserting "with 
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respect to an individual who is an owner or operator of a 
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computer"; and  
 
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on page 2, immediately below line 25, by inserting the 
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following: 
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        "(2) A home or other physical address including street 
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    name.  
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        (3) An electronic mail address."; and   
 
 


 






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on page 2, line 26, by replacing "(2)" with "(4)"; and  
 
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on page 2, line 26, after "numbers", by replacing "or other 
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financial" with ", bank account number, or any password or 
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access code associated with a credit card, debit card, or bank 
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account."; and  
 
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on page 2, by deleting lines 27 through 29; and  
 
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on page 2, line 30, by replacing "(4)" with "(5)"; and  
 
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on page 2, line 30, after "number", by inserting ", tax 
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identification number, driver's license number, passport 
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number, or any other government-issued identification number"; 
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and  
 
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on page 2, line 31, by replacing "(5)" with "(6)"; and  
 
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on page 2, line 33, after "overdraft history;", by inserting 
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"and"; and   
 
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on page 2, line 33, after "payment history", by replacing the 
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semicolon with a period; and 
 
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on page 2, by replacing lines 34 through 35 with the following:  
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    ""Transmit" means to transfer, send, or make available 
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computer software, or any component thereof, via the Internet 
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or any other medium, including local area networks of 
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computers, other non-wire transmission and discs, or other data 
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storage devices.  "Transmit" does not include any action by a 
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person providing: 
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        (1) The Internet connection, telephone connection, or 
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    other means of transmission capability, such as a compact 
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    disk or digital video disk, through which the software was 
 


 






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    made available.  
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        (2) The storage or hosting of the software program or 
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    an Internet web page through which the software was made 
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    available.  
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        (3) An information location tool, such as a directory, 
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    index, reference, pointer, or hypertext link, through 
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    which the user of the computer located the software, unless 
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    such person receives a direct economic benefit from the 
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    execution of such software on the computer."; and 
 
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on page 3, line 1, after "spyware", by deleting "; authorized 
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user"; and  
 
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on page 3, line 1, by replacing "A person or" with the 
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following:  
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"It shall be unlawful for any person that is not an owner or 
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operator of a computer to transmit computer software to such 
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computer, with actual knowledge or with conscious avoidance of 
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actual actual knowledge, and to use such software to do any of 
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the following:  
 
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on page 3, by deleting lines 2 through 6; and 
 
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on page 3, line 7, after "means", by inserting "settings that 
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control any of the following:"; and  
 
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on page 3, by deleting lines 8 and 9; and  
 
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on page 3, line 10, after "an", by replacing "authorized user" 
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with "owner or operator of a computer"; and  
 
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on page 3, line 12, by deleting "program"; and  
 
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on page 3, line 13, after "an", by replacing "authorized" with 
 


 






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"owner or operator of a computer"; and  
 
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on page 3, line 14, by deleting "user"; and 
 
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on page 3, line 15, after  "An", by replacing "authorized 
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user's" with "owner or operator's"; and  
 
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on page 3, line 18, after "information", by deleting "that 
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meets any of the following"; and  
 
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on page 3, by deleting line 19; and  
 
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on page 3, line 20, by replacing "It is collected through" with 
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"Through"; and  
 
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on page 3, line 25, after "(B)", by replacing "It includes all" 
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with "In a manner that correlates such information with data 
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respecting all"; and  
 
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on page 3, line 26, after "an", by replacing "authorized user" 
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with "owner or operator of the computer"; and 
 
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on page 3, line 27, after "sites", by replacing "of the 
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provider of the software, if the computer" with "operated by 
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the person collecting such information."; and  
 
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on page 3, by deleting lines 28 through 30; and  
 
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on page 3, line 34, after "an", by replacing "authorized user" 
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with "owner or operator of the computer"; and  
 
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on page 3, line 35, after "Prevent,", by deleting "without the 
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authorization of an"; and  
 
 


 






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on page 3, line 36, by deleting "authorized user,"; and  
 
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on page 3, line 36, after "an", by replacing "authorized" with 
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"owner or operator's"; and  
 
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on page 4, line 1, by deleting "user's"; and  
 
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on page 4, line 1, after "installation", by inserting "or 
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execution"; and 
 
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on page 4, line 2, after "disable", by inserting "computer"; 
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and  
 
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on page 4, line 2, after "causing", by inserting "such"; and  
 
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on page 4, line 2, after "that", by replacing "the authorized" 
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with "an owner or operator of the computer"; and  
 
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on page 4, line 3, by deleting "user"; and 
 
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on page 4, line 3, after "disabled", by deleting "to"; and  
 
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on page 4, line 3, after "automatically", by inserting "to"; 
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and  
 
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on page 4, line 4, after "on the", by replacing "computer 
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without the" with "computer."; and    
 
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on page 4, by deleting line 5; and  
 
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on page 4, line 7, after "an", by replacing "authorized user's 
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action, with knowledge" with "owner or operator's action."; and     
 
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on page 4, by deleting line 8; and  
 
 


 






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on page 4, line 12, after "spyware", by deleting "; 
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unauthorized user"; and  
 
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on page 4, by replacing lines 13 through 17  with the following: 
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    "(a) It shall be unlawful for any person who is not an 
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owner or operator of a computer to transmit software to such 
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computer, with actual knowledge or with conscious avoidance of 
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actual knowledge, to use such software to do any of the 
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following:"; and      
 
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on page 4, line 18, after "of", by replacing "the consumer's" 
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with "such"; and  
 
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on page 4, line 18, after "computer", by replacing "by doing" 
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with "by:"; and  
 
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on page 4, by deleting lines 19 through 24; and  
 
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on page 4,  line 25, by replacing "(B) Access or use the 
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consumer's" with "(A) Accessing or using the"; and 
 
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on page 4,  line 26, after "for", by inserting "such computer 
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for"; and 
 
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on page 4, line 27, by deleting "consumer's"; and  
 
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on page 4, line 27, after "or", by deleting "of"; and  
 
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on page 4, line 27, after "an", by replacing "authorized user" 
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with "owner or operator"; and  
 
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on page 4, line 28, after "that", by replacing "is not" with 
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"no owner or operator of such computer has authorized."; and  
 
 


 






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on page 4, by deleting line 29; and  
 
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on page 4, by replacing lines 30 through 35 with the following:  
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            "(B) Opening multiple, sequential, stand-alone 
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        advertisements in an owner or operator's Internet 
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        browser without the authorization of an owner or 
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        operator and that a reasonable computer user cannot 
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        close without turning off the computer or closing the 
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        Internet browser."; and 
 
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on page 5, by deleting lines 1 through 5; and  
 
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on page 5, line 6, after "to", by replacing "the" with "such"; 
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and  
 
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on page 5, by replacing lines 8 through 13 with the following:  
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            "(A) Settings that protect information about an 
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        owner or operator of the computer for the purpose of 
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        stealing personal identifiable information of such 
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        owner or operator.  
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            (B) Security settings for the purpose of causing 
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        damage to a computer."; and 
 
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on page 5, line 14, after "Prevent", by replacing ", without  
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the authorization of an" with "an owner or operator's"; and  
 
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on page 5, line 15, by deleting "authorized user, an authorized 
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user's"; and  
 
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on page 5, line 16, after "disable", by inserting "computer"; 
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and  
 
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on page 5, line 18, after "(A)", by replacing "Present the 
 


 






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authorized user" with "Presenting such owner or operator"; and  
 
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on page 5, line 19, after "of", by inserting "computer"; and  
 
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on page 5, line 20, after "selected", by deleting "by the 
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authorized user"; and  
 
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on page 5, line 21, after "installation", by deleting "will"; 
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and  
 
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on page 5, line 21, after "nevertheless", by replacing "occur" 
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with "proceeds"; and  
 
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on page 5, line 22, after "that", by inserting "computer"; and  
 
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on page 5, line 26, after "or a", by deleting "protected"; and  
 
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on page 5, line 30, after "support,", by inserting 
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"maintenance,"; and  
 
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on page 6, by replacing lines 2 through 4 with the following:  
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    "(a) It is unlawful for any person, who is not an owner or 
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operator of a computer, to do any of the following with regard 
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to such computer:"; and   
 
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on page 6, line 5, after "an", by replacing "authorized user" 
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with "owner or operator"; and  
 
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on page 6, line 5, after "a", by inserting "computer"; and  
 
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on page 6, line 6, after "misrepresenting", by replacing "that" 
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with "the extent to which"; and  
 
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on page 6, line 7, after "installing", by inserting "such"; and 
 
 


 






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on page 6, line 10, after "cause the", by  deleting "copying 
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and"; and 
 
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on page 6, line 12, after "an", by replacing "authorized user" 
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with "owner or operator"; and  
 
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on page 6, line 12 after "a", by replacing "way" with "manner"; 
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and  
 
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on page 6, line 20, after "support,", by inserting 
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"maintenance,"; and  
 
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on page 6, line 25, after "software", by replacing "proscribed" 
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with "prescribed"; and  
 
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on page 6, by replacing lines 27 through 32 with the following:    
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    "Section 25.  Exemptions.  The following shall be exempt from 
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the provisions of this Act:
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    (a) Any act taken by a law enforcement, investigatory, 
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national security or regulatory agency officer in the 
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performance of official duties.  
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    (b) Persons acting in association with and for the benefit 
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of a law enforcement, investigatory, national security or 
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regulatory agency officer in connection with the officer's 
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performance of official duties."; and     

 
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on page 7, line 1, after "application", by deleting "to any 
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person or circumstance"; and  
 
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on page 7, line 2, by replacing "the" with "that"; and  
 
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on page 7, line 2, after "invalidity", by replacing "of that 
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provision or application does" with "shall"; and  
 
 


 






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on page 7, line 3, after "or", by replacing "applications of 
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this Act" with "applications".