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§ 2330.4. Control or modification

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 73 P.S. Trade and CommerceEffective: December 27, 2010

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 73 P.S. Trade and Commerce (Refs & Annos)
Chapter 43A. Consumer Protection Against Computer Spyware Act
Effective: December 27, 2010
73 P.S. § 2330.4
§ 2330.4. Control or modification
Currentness
A person or entity that is not an authorized user shall not, with actual knowledge, with conscious avoidance of actual knowledge or willfully, cause computer software to be copied or procure the copying onto the computer of an authorized user in this Commonwealth and use the software to do any of the following acts or any other acts deemed to be deceptive:
(1) Take control of the authorized user's computer by doing any of the following:
(i) Transmitting or relaying commercial electronic mail or a computer virus from the authorized user's computer where the transmission or relaying is initiated by a person other than the authorized user and without the authorization of an authorized user.
(ii) Accessing or using the authorized user's modem or Internet service for the purpose of causing damage to the authorized user's computer or of causing an authorized user to incur financial charges for a service that is not authorized by an authorized user.
(iii) Using the authorized user'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.
(iv) Opening a series of stand-alone messages in the authorized user's computer without the authorization of an authorized user and with knowledge that a reasonable computer user cannot close the advertisements without turning off the computer or closing the Internet application.
(2) Modify any of the following settings related to the computer's access to or use of the Internet:
(i) 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.
(ii) The security settings of the computer for the purpose of causing damage to one or more computers.
(3) 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:
(i) Presenting the authorized user with an option to decline installation of software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds.
(ii) Falsely representing that software has been disabled.
(iii) Requiring, in a deceptive manner, the user to access the Internet to remove the software with knowledge or reckless disregard of the fact that the software frequently operates in a manner that prevents the user from accessing the Internet.
(iv) Changing the name, location or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it.
(v) Using randomized or deceptive file names, directory folders, formats or registry entries for the purpose of avoiding detection and removal of the software by an authorized user.
(vi) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading authorized users' attempts to remove the software from the computer.
(vii) Requiring, without the authority of the owner of the computer, that an authorized user obtain a special code or download software from a third party to uninstall the software.

Credits

2010, Oct. 27, P.L. 855, No. 86, § 4, effective in 60 days [Dec. 27, 2010].
73 P.S. § 2330.4, PA ST 73 P.S. § 2330.4
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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