44-7301. Definitions
In this chapter, unless the context otherwise requires:
1. "Advertisement" means a communication the primary purpose of which is the
commercial promotion of a commercial product or service, including communication on an
internet web site that is operated for a commercial purpose.
2. "Computer software" means a sequence of instructions that is written in any
programming language and that is executed on a computer and does not include a web page
or data components of web pages that are not executable independently of the web page.
3. "Damage" means any significant impairment to the integrity or availability of
data, computer software, a system or information.
4. "Execute" means the performance of the functions or the carrying out of the
instructions of the computer software.
5. "Intentionally deceptive" means any of the following:
(a) By means of an intentionally and materially false or fraudulent statement.
(b) By means of a statement or description that intentionally omits or
misrepresents material information in order to deceive an owner or operator of a
computer.
(c) By means of an intentional and material failure to provide any notice to an
owner or operator of a computer regarding the installation or execution of computer
software in order to deceive the owner or operator.
6. "Internet" means the global information system that is logically linked together
by a globally unique address space based on the internet protocol, or its subsequent
extensions, and that is able to support communications using the transmission control
protocol/internet protocol suite, or it subsequent extensions, or other internet protocol
compatible protocols, and that provides, uses or makes accessible, either publicly or
privately, high level services layered on the communications and related infrastructure
described in this paragraph.
7. "Owner or operator" means the owner or lessee of a computer or someone using the
computer with the owner's or lessee's authorization. Owner or operator does not include
any person who owns a computer before the first retail sale of the computer.
8. "Person" means any individual, partnership, corporation, limited liability
company or other organization or any combination of these entities.
9. "Personally identifiable information" means any of the following with respect to
an individual who is an owner or operator of a computer:
(a) First name or first initial in combination with last name.
(b) A home or other physical address including street name.
(c) An electronic mail address.
(d) A credit or debit card number or bank account number or any password or access
code associated with a credit or debit card or bank account.
(e) A social security number, tax identification number, driver license number,
passport number or any other government issued identification number.
(f) Any of the following information in a form that personally identifies an owner
or operator of a computer:
(i) Account balances.
(ii) Overdraft history.
(iii) Payment history.
10. "Transmit" means to transfer, send or make available computer software, or any
component of computer software, via the internet or any other medium, including local
area networks of computers, any other nonwire transmission and a disk or other data
storage device. Transmit does not include any action by a person providing any of the
following:
(a) The internet connection, telephone connection or other means of transmission
capability such as a compact disk or digital video disk through which the software was
made available.
(b) The storage or hosting of the software program or an internet web page through
which the software was made available.
(c) An information location tool, such as a directory, index, reference, pointer or
hypertext link, through which the user of the computer located the software, unless the
person receives a direct economic benefit from the execution of the software on the
computer.
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