IC 24-4.8-2-1 Application
Sec. 1. This chapter does not apply to a person who monitors or
interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer if the person is a
telecommunications carrier, cable operator, computer hardware or
software provider, or other computer service provider who monitors
or interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer for one (1) or more of the
following 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, or
fraudulent use of a network, service, or computer software,
including scanning for and removing computer software that
facilitates 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 computer
may not knowingly or intentionally:
(1) transmit computer software to the computer; and
(2) by means of the computer software transmitted under
subdivision (1), do any of the following:
(A) Use intentionally deceptive means to modify computer
settings that control:
(i) the page that appears when an owner or operator opens
an Internet browser or similar computer software used to
access and navigate the Internet;
(ii) the Internet service provider, search engine, or web
proxy that an owner or operator uses to access or search
the Internet; or
(iii) the owner or operator's list of bookmarks used to
access web pages.
(B) Use intentionally deceptive means to collect personally
identifying information:
(i) through the use of computer software that records a
keystroke made by an owner or operator and transfers that
information from the computer to another person; or
(ii) in a manner that correlates the personally identifying
information with data respecting all or substantially all of
the web sites visited by the owner or operator of the
computer, not including a web site operated by the person
collecting the personally identifying information.
(C) Extract from the hard drive of an owner or operator's
computer:
(i) a credit card number, debit card number, bank account
number, or any password or access code associated with
these numbers;
(ii) a Social Security number, tax identification number,
driver's license number, passport number, or any other
government issued identification number; or
(iii) the account balance or overdraft history of a person in
a form that identifies the person.
(D) Use intentionally deceptive means to prevent reasonable
efforts by an owner or operator to block or disable the
installation or execution of computer software.
(E) Knowingly or intentionally misrepresent that computer
software will be uninstalled or disabled by an owner or
operator's action.
(F) Use intentionally deceptive means to remove, disable, or
otherwise make inoperative security, antispyware, or
antivirus computer software installed on the computer.
(G) Take control of another person's computer with the
intent to cause damage to the computer or cause the owner
or operator to incur a financial charge for a service that the
owner or operator has not authorized by:
(i) accessing or using the computer's modem or Internet
service; or
(ii) without the authorization of the owner or operator,
opening multiple, sequential, standalone advertisements in
the owner or operator's Internet browser that a reasonable
computer user cannot close without turning off the
computer or closing the browser.
(H) Modify:
(i) computer settings that protect information about a
person with the intent of obtaining personally identifying
information without the permission of the owner or
operator; or
(ii) security settings with the intent to cause damage to a
computer.
(I) Prevent reasonable efforts by an owner or operator to
block or disable the installation or execution of computer
software by:
(i) presenting an owner or operator with an option to
decline installation of computer software knowing that the
computer software will be installed even if the owner or
operator attempts to decline installation; or
(ii) falsely representing that computer software has been
disabled.
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 of
computers
Sec. 3. A person who is not the owner or operator may not
knowingly or intentionally do any of the following:
(1) Induce the owner or operator to install computer software on
the owner or operator's computer by knowingly or intentionally
misrepresenting the extent to which installing the computer
software 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 the
execution of computer software with the intent to cause the
owner or operator to use the computer software in a manner that
violates subdivision (1). As added by P.L.115-2005, SEC.1.
IC 24-4.8-2-1 Application
Sec. 1. This chapter does not apply to a person who monitors or
interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer if the person is a
telecommunications carrier, cable operator, computer hardware or
software provider, or other computer service provider who monitors
or interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer for one (1) or more of the
following 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, or
fraudulent use of a network, service, or computer software,
including scanning for and removing computer software that
facilitates 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 computer
may not knowingly or intentionally:
(1) transmit computer software to the computer; and
(2) by means of the computer software transmitted under
subdivision (1), do any of the following:
(A) Use intentionally deceptive means to modify computer
settings that control:
(i) the page that appears when an owner or operator opens
an Internet browser or similar computer software used to
access and navigate the Internet;
(ii) the Internet service provider, search engine, or web
proxy that an owner or operator uses to access or search
the Internet; or
(iii) the owner or operator's list of bookmarks used to
access web pages.
(B) Use intentionally deceptive means to collect personally
identifying information:
(i) through the use of computer software that records a
keystroke made by an owner or operator and transfers that
information from the computer to another person; or
(ii) in a manner that correlates the personally identifying
information with data respecting all or substantially all of
the web sites visited by the owner or operator of the
computer, not including a web site operated by the person
collecting the personally identifying information.
(C) Extract from the hard drive of an owner or operator's
computer:
(i) a credit card number, debit card number, bank account
number, or any password or access code associated with
these numbers;
(ii) a Social Security number, tax identification number,
driver's license number, passport number, or any other
government issued identification number; or
(iii) the account balance or overdraft history of a person in
a form that identifies the person.
(D) Use intentionally deceptive means to prevent reasonable
efforts by an owner or operator to block or disable the
installation or execution of computer software.
(E) Knowingly or intentionally misrepresent that computer
software will be uninstalled or disabled by an owner or
operator's action.
(F) Use intentionally deceptive means to remove, disable, or
otherwise make inoperative security, antispyware, or
antivirus computer software installed on the computer.
(G) Take control of another person's computer with the
intent to cause damage to the computer or cause the owner
or operator to incur a financial charge for a service that the
owner or operator has not authorized by:
(i) accessing or using the computer's modem or Internet
service; or
(ii) without the authorization of the owner or operator,
opening multiple, sequential, standalone advertisements in
the owner or operator's Internet browser that a reasonable
computer user cannot close without turning off the
computer or closing the browser.
(H) Modify:
(i) computer settings that protect information about a
person with the intent of obtaining personally identifying
information without the permission of the owner or
operator; or
(ii) security settings with the intent to cause damage to a
computer.
(I) Prevent reasonable efforts by an owner or operator to
block or disable the installation or execution of computer
software by:
(i) presenting an owner or operator with an option to
decline installation of computer software knowing that the
computer software will be installed even if the owner or
operator attempts to decline installation; or
(ii) falsely representing that computer software has been
disabled.
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 of
computers
Sec. 3. A person who is not the owner or operator may not
knowingly or intentionally do any of the following:
(1) Induce the owner or operator to install computer software on
the owner or operator's computer by knowingly or intentionally
misrepresenting the extent to which installing the computer
software 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 the
execution of computer software with the intent to cause the
owner or operator to use the computer software in a manner that
violates subdivision (1). As added by P.L.115-2005, SEC.1.
IC 24-4.8-2-1 Application
Sec. 1. This chapter does not apply to a person who monitors or
interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer if the person is a
telecommunications carrier, cable operator, computer hardware or
software provider, or other computer service provider who monitors
or interacts with an owner or operator's Internet connection, Internet
service, network connection, or computer for one (1) or more of the
following 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, or
fraudulent use of a network, service, or computer software,
including scanning for and removing computer software that
facilitates 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 computer
may not knowingly or intentionally:
(1) transmit computer software to the computer; and
(2) by means of the computer software transmitted under
subdivision (1), do any of the following:
(A) Use intentionally deceptive means to modify computer
settings that control:
(i) the page that appears when an owner or operator opens
an Internet browser or similar computer software used to
access and navigate the Internet;
(ii) the Internet service provider, search engine, or web
proxy that an owner or operator uses to access or search
the Internet; or
(iii) the owner or operator's list of bookmarks used to
access web pages.
(B) Use intentionally deceptive means to collect personally
identifying information:
(i) through the use of computer software that records a
keystroke made by an owner or operator and transfers that
information from the computer to another person; or
(ii) in a manner that correlates the personally identifying
information with data respecting all or substantially all of
the web sites visited by the owner or operator of the
computer, not including a web site operated by the person
collecting the personally identifying information.
(C) Extract from the hard drive of an owner or operator's
computer:
(i) a credit card number, debit card number, bank account
number, or any password or access code associated with
these numbers;
(ii) a Social Security number, tax identification number,
driver's license number, passport number, or any other
government issued identification number; or
(iii) the account balance or overdraft history of a person in
a form that identifies the person.
(D) Use intentionally deceptive means to prevent reasonable
efforts by an owner or operator to block or disable the
installation or execution of computer software.
(E) Knowingly or intentionally misrepresent that computer
software will be uninstalled or disabled by an owner or
operator's action.
(F) Use intentionally deceptive means to remove, disable, or
otherwise make inoperative security, antispyware, or
antivirus computer software installed on the computer.
(G) Take control of another person's computer with the
intent to cause damage to the computer or cause the owner
or operator to incur a financial charge for a service that the
owner or operator has not authorized by:
(i) accessing or using the computer's modem or Internet
service; or
(ii) without the authorization of the owner or operator,
opening multiple, sequential, standalone advertisements in
the owner or operator's Internet browser that a reasonable
computer user cannot close without turning off the
computer or closing the browser.
(H) Modify:
(i) computer settings that protect information about a
person with the intent of obtaining personally identifying
information without the permission of the owner or
operator; or
(ii) security settings with the intent to cause damage to a
computer.
(I) Prevent reasonable efforts by an owner or operator to
block or disable the installation or execution of computer
software by:
(i) presenting an owner or operator with an option to
decline installation of computer software knowing that the
computer software will be installed even if the owner or
operator attempts to decline installation; or
(ii) falsely representing that computer software has been
disabled.
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 of
computers
Sec. 3. A person who is not the owner or operator may not
knowingly or intentionally do any of the following:
(1) Induce the owner or operator to install computer software on
the owner or operator's computer by knowingly or intentionally
misrepresenting the extent to which installing the computer
software 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 the
execution of computer software with the intent to cause the
owner or operator to use the computer software in a manner that
violates subdivision (1). As added by P.L.115-2005, SEC.1.
