California Spyware Law – California Globe

0

California has a number of formal acts in law. Division 8, Chapter 32 of the Business and Professional Code provides the Consumer Protection from Computer Spyware Act, which is found in sections 22947 through 22947.6. Chapter 32 was added in 2004 by Chapter 843. Section 22947 provides the name of the law.

Section 22947.1 provides definitions for the following terms: “advertising”; “Authorized User”; “software”; “computer virus”; “consumer”; “damage”; “execute”; “intentionally misleading”; “The Internet”; “the person”; and, “Personally Identifiable Information”.

Section 22947.2 provides that no person or entity that is not an authorized user shall knowingly, knowingly avoid knowledge, or intentionally cause computer software to be copied on a consumer’s computer in this state and use the software to do any of the following:

  • Alter, by intentionally deceptive means, any specified settings related to the computer’s access to or use of the Internet.
  • Collect, by intentionally deceptive means, personally identifiable information that meets any specified criteria.
  • Prevent, without the authorization of an Authorized User, by intentionally deceptive means, an Authorized User’s reasonable efforts to block the installation or disable software, by causing the software that the Authorized User has correctly deleted or disabled automatically reinstalls or reactivates on the computer without the permission of an authorized user.
  • Intentionally falsely stating that the software will be uninstalled or disabled by the action of an authorized user, knowing that the software will not be uninstalled or disabled thereby.
  • By intentionally deceptive means, removing, disabling or rendering inoperative any security, anti-spyware or anti-virus software installed on the computer.

Section 22947.3 provides that no person or entity that is not an authorized user, with actual knowledge, knowingly avoiding actual knowledge, or willfully, copying computer software onto the computer of a consumer in this state and use the software to do any of the following:

  • Take control of the consumer’s computer by engaging in specific activities.
  • Change any of the specified settings related to the computer’s access to or use of the Internet.
  • Prevent, without authorization of an Authorized User, an Authorized User’s reasonable efforts to block installation or disable software, by performing any specified activity.

Section 22947.4 prohibits a person or entity, who is not an authorized user, from taking any of the following actions with respect to a consumer’s computer in this state:

  • Induce an authorized user to install a software component on the computer by intentionally misrepresenting that the installation of the software is necessary for security or privacy reasons or to open, view or play a particular type of content.
  • Deceptively cause a computer software component to be copied and executed on a computer with the intent to cause an Authorized User to use the component in a manner that violates any other provision of this Section.

Section 22947.4 states that it is the intention of the Legislature that this chapter supersedes and supersedes all laws passed by any city, county, town and county, municipality, or local agency relating to spyware and notices. to consumers of software providers regarding the collection of information.

Share.

Comments are closed.