CHAPTER 2. PROHIBITED CONDUCT
IC 24-4.8-2
Chapter 2. Prohibited Conduct
IC 24-4.8-2-1
Application
Sec. 1. This chapter does not apply to a person who monitors orinteracts with an owner or operator's Internet connection, Internetservice, network connection, or computer if the person is atelecommunications carrier, cable operator, computer hardware orsoftware provider, or other computer service provider who monitorsor interacts with an owner or operator's Internet connection, Internetservice, network connection, or computer for one (1) or more of thefollowing purposes:
(1) Network security.
(2) Computer security.
(3) Diagnosis.
(4) Technical support.
(5) Maintenance.
(6) Repair.
(7) Authorized updates of software or system firmware.
(8) Authorized remote system management.
(9) Detection or prevention of the unauthorized, illegal, orfraudulent use of a network, service, or computer software,including scanning for and removing computer software thatfacilitates a violation of this chapter.
As added by P.L.115-2005, SEC.1.
IC 24-4.8-2-2
Prohibited conduct by owners or operators of computers
Sec. 2. A person who is not the owner or operator of the computermay not knowingly or intentionally:
(1) transmit computer software to the computer; and
(2) by means of the computer software transmitted undersubdivision (1), do any of the following:
(A) Use intentionally deceptive means to modify computersettings that control:
(i) the page that appears when an owner or operator opensan Internet browser or similar computer software used toaccess and navigate the Internet;
(ii) the Internet service provider, search engine, or webproxy that an owner or operator uses to access or searchthe Internet; or
(iii) the owner or operator's list of bookmarks used toaccess web pages.
(B) Use intentionally deceptive means to collect personallyidentifying information:
(i) through the use of computer software that records akeystroke made by an owner or operator and transfers thatinformation from the computer to another person; or
(ii) in a manner that correlates the personally identifying
information with data respecting all or substantially all ofthe web sites visited by the owner or operator of thecomputer, not including a web site operated by the personcollecting the personally identifying information.
(C) Extract from the hard drive of an owner or operator'scomputer:
(i) a credit card number, debit card number, bank accountnumber, or any password or access code associated withthese numbers;
(ii) a Social Security number, tax identification number,driver's license number, passport number, or any othergovernment issued identification number; or
(iii) the account balance or overdraft history of a person ina form that identifies the person.
(D) Use intentionally deceptive means to prevent reasonableefforts by an owner or operator to block or disable theinstallation or execution of computer software.
(E) Knowingly or intentionally misrepresent that computersoftware will be uninstalled or disabled by an owner oroperator's action.
(F) Use intentionally deceptive means to remove, disable, orotherwise make inoperative security, antispyware, orantivirus computer software installed on the computer.
(G) Take control of another person's computer with theintent to cause damage to the computer or cause the owneror operator to incur a financial charge for a service that theowner or operator has not authorized by:
(i) accessing or using the computer's modem or Internetservice; or
(ii) without the authorization of the owner or operator,opening multiple, sequential, standalone advertisements inthe owner or operator's Internet browser that a reasonablecomputer user cannot close without turning off thecomputer or closing the browser.
(H) Modify:
(i) computer settings that protect information about aperson with the intent of obtaining personally identifyinginformation without the permission of the owner oroperator; or
(ii) security settings with the intent to cause damage to acomputer.
(I) Prevent reasonable efforts by an owner or operator toblock or disable the installation or execution of computersoftware by:
(i) presenting an owner or operator with an option todecline installation of computer software knowing that thecomputer software will be installed even if the owner oroperator attempts to decline installation; or
(ii) falsely representing that computer software has beendisabled.As added by P.L.115-2005, SEC.1.
IC 24-4.8-2-3
Prohibited conduct by persons who are not owners or operators ofcomputers
Sec. 3. A person who is not the owner or operator may notknowingly or intentionally do any of the following:
(1) Induce the owner or operator to install computer software onthe owner or operator's computer by knowingly or intentionallymisrepresenting the extent to which installing the computersoftware is necessary for:
(A) computer security;
(B) computer privacy; or
(C) opening, viewing, or playing a particular type of content.
(2) Use intentionally deceptive means to execute or cause theexecution of computer software with the intent to cause theowner or operator to use the computer software in a manner thatviolates subdivision (1).
As added by P.L.115-2005, SEC.1.