CHAPTER 1. DEFINITIONS
IC 24-4.8
ARTICLE 4.8. PROHIBITED SPYWARE
IC 24-4.8-1
Chapter 1. Definitions
IC 24-4.8-1-1
Application
Sec. 1. The definitions in this chapter apply throughout thisarticle.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-2
"Advertisement"
Sec. 2. "Advertisement" means a communication that has theprimary purpose of promoting a commercial product or service.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-3
"Computer software"
Sec. 3. (a) "Computer software" means a sequence of instructionswritten in any programming language that is executed on a computer.
(b) The term does not include computer software that is a webpage or a data component of a web page that is not executableindependently of the web page.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-4
"Damage"
Sec. 4. "Damage" means a significant impairment to the integrityor availability of data, computer software, a system, or information.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-5
"Execute"
Sec. 5. "Execute" means to perform a function or carry out aninstruction of computer software.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-6
"Intentionally deceptive means"
Sec. 6. "Intentionally deceptive means" means any of thefollowing:
(1) A materially false statement that a person knows to be false.
(2) A statement or description made by a person who omits ormisrepresents material information with the intent to deceive anowner or operator of a computer.
(3) The failure to provide notice to an owner or operator of acomputer regarding the installation or execution of computersoftware with the intent to deceive the owner or operator.As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-7
"Internet"
Sec. 7. "Internet" has the meaning set forth in IC 5-22-2-13.5.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-8
"Owner or operator"
Sec. 8. (a) "Owner or operator" means the person who owns orleases a computer or a person who uses a computer with theauthorization of the person who owns or leases the computer.
(b) The term does not include a manufacturer, distributor,wholesaler, retail merchant, or any other person who owns or leasesa computer before the first retail sale of the computer.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-9
"Person"
Sec. 9. "Person" means an individual, a partnership, a corporation,a limited liability company, or another organization.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-10
"Personally identifying information"
Sec. 10. "Personally identifying information" means the followinginformation that refers to a person who is an owner or operator of acomputer:
(1) Identifying information (as defined in IC 35-43-5-1).
(2) An electronic mail address.
(3) Any of the following information in a form that personallyidentifies an owner or operator of a computer:
(A) An account balance.
(B) An overdraft history.
(C) A payment history.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-1-11
"Transmit"
Sec. 11. (a) Except as provided in subsection (b), "transmit"means to transfer, send, or otherwise make available computersoftware or a computer software component through a network, theInternet, a wireless transmission, or any other medium, including adisk or data storage device.
(b) "Transmit" does not include an action by a person whoprovides:
(1) the Internet connection, telephone connection, or othermeans of connection for an owner or operator, including acompact disc or DVD on which computer software to establishor maintain a connection is made available; (2) the storage or hosting of computer software or an Internetweb page through which the computer software was madeavailable; or
(3) an information location tool, including a directory, an index,a reference, a pointer, or a hypertext link, through which theowner or operator of the computer located the software;
unless the person receives a direct economic benefit from theexecution of the computer software.
As added by P.L.115-2005, SEC.1.