In this chapter:

1. I. "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose.
2. II. "Authorized user" means a consumer who owns or is permitted to use a computer.
3. III. "Computer program" means a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.

4. IV.

   1. (a) "Spyware" means software residing on a computer that:

      1. (1) Employs a user's Internet connection in the background, via a backchannel, without his or her knowledge or explicit permission.
      2. (2) Sends information about the computer's usage to a remote computer or server; or displays or causes to be displayed an advertisement in response to the computer's usage.
      3. (3) Sends or causes to be sent personal information residing on the computer to a remote computer or server.

   2. (b) Notwithstanding subparagraph (a), "spyware" does not include any of the following:

      1. (1) Software designed and installed primarily to prevent, diagnose, or resolve technical difficulties, to protect the security of the user's computer, or to detect or prevent fraudulent activities.
      2. (2) Software or data that solely report to an Internet website information stored by the Internet website on the user's computer, including cookies, HTML code, or Java Scripts.
      3. (3) Software that provides the user with the capability to search the Internet.
      4. (4) Software installed with the consent of an authorized user whose primary purpose is to prevent access to Internet content that is inappropriate for minors.
      5. (5) An operating system.

5. V. "Usage"means:

   1. (a) The Internet websites accessed by a user.
   2. (b) The contents or characteristics of the Internet websites accessed by a user.

   3. (c) A user's personal information, including:

      1. (1) A first and last name of a user, whether given at birth or adoption, assumed, or legally changed.
      2. (2) Any of the following with respect to a user's home or other physical address: the street name, the name of the city or town, or the zip code.
      3. (3) An electronic mail address.
      4. (4) A telephone number.
      5. (5) A Social Security number.
      6. (6) Any personal identification number.
      7. (7) A credit or debit card number.
      8. (8) Any access code associated with a credit or debit card.
      9. (9) A date of birth, birth certificate number, or place of birth.
      10. (10) A password or access code.
      11. (11) A bank account number.

Source. 2005, 238:1, eff. July 14, 2005.