California Spyware Law


 

Here is the official law passed in California. Highlighted in blue is the basic thrust of the law.
 
CALIFORNIA CODES
BUSINESS AND PROFESSIONS CODE
SECTION 22947-22947.6

22947.  This chapter shall be known as and may be cited as the Consumer Protection Against 
Computer Spyware Act.

22947.1.  For purposes of this chapter, the following terms have thef ollowing meanings:

   (a) "Advertisement" means a communication, the primary purpose of which is the 
commercial promotion of a commercial product or service, including content on an 
Internet Web site operated for a commercial purpose.

   (b) "Authorized user," with respect to a computer, means a person who owns or is authorized
 by the owner or lessee to use the computer. An "authorized user" does not include a 
person or entity that has obtained authorization to use the computer solely through 
the use of an end user license agreement.
   (c) "Computer software" means a sequence of instructions written in any programming 
language that is executed on a computer.
   (d) "Computer virus" means a computer program or other set of instructions that is designed 
to degrade the performance of or disable a computer or computer network and is designed 
to have the ability to replicate itself on other computers or computer networks without the 
authorization of the owners of those computers or computer networks.
   (e) "Consumer" means an individual who resides in this state and who uses the computer 
in question primarily for personal, family, or household purposes.
   (f) "Damage" means any significant impairment to the integrity or availability of data, software, 
a system, or information.
   (g) "Execute," when used with respect to computer software, means the performance of 
the functions or the carrying out of the instructions of the computer software.
   (h) "Intentionally deceptive" means any of the following:
   (1) By means of an intentionally and materially false or fraudulent statement.
   (2) By means of a statement or description that intentionally omits or misrepresents 
material information in order to deceive the consumer.
   (3) By means of an intentional and material failure to provide any notice to an authorized 
user regarding the download or installation of software in order to deceive the consumer.
   (i) "Internet" means the global information system that is logically linked together by a 
globally unique address space based on the Internet Protocol (IP), or its subsequent extensions, 
and that is able to support communications using the Transmission Control
Protocol/Internet Protocol (TCP/IP) suite, or its subsequent extensions, or other 
IP-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 subdivision.
   (j) "Person" means any individual, partnership, corporation, limited liability company, or 
other organization, or any combination thereof.
   (k) "Personally identifiable information" means any of the following:
   (1) First name or first initial in combination with last name.
   (2) Credit or debit card numbers or other financial account numbers
.   (3) A password or personal identification number required to access an identified 
financial account.
   (4) Social Security number.
   (5) Any of the following information in a form that personally identifies an authorized user:
   (A) Account balances.
   (B) Overdraft history.
   (C) Payment history.
   (D) A history of Web sites visited.
   (E) Home address.
   (F) Work address.
   (G) A record of a purchase or purchases.



22947.2.  A person or entity that is not an authorized user, as defined in Section 22947.1, 
shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, 
cause computer software to be copied onto the computer of a consumer in this state
and use the software to do any of the following:

   (a) Modify, through intentionally deceptive means, any of the following settings related to 
the computer's access to, or use of, the Internet:
   (1) The page that appears when an authorized user launches an Internet browser or similar 
software program used to access and navigate the Internet.
   (2) The default provider or Web proxy the authorized user uses to access or search the Internet.
   (3) The authorized user's list of bookmarks used to access Web pages.
   (b) Collect, through intentionally deceptive means, personally identifiable information 
that meets any of the following criteria:
   (1) It is collected through the use of a keystroke-logging function that records all keystrokes 
made by an authorized user who uses the computer and transfers that information from the 
computer to another person.
   (2) It includes all or substantially all of the Web sites visited by an authorized user, other than 
Web sites of the provider of the software, if the computer software was installed in a manner 
designed to conceal from all authorized users of the computer the fact that the software is 
being installed.
   (3) It is a data element described in paragraph (2), (3), or (4) of subdivision (k) of Section 22947.1,
 or in subparagraph (A) or (B) of paragraph (5) of subdivision (k) of Section 22947.1, that is
extracted from the consumer's computer hard drive for a purpose wholly unrelated to 
any of the purposes of the software or service described to an authorized user.
   (c) Prevent, without the authorization of an authorized user, through intentionally deceptive 
means, an authorized user's reasonable efforts to block the installation of, or to disable,
software, by causing software that the authorized user has properly removed or disabled to 
automatically reinstall or reactivate on the computer without the authorization of an authorized user.
   (d) Intentionally misrepresent that software will be uninstalled or disabled by an authorized 
user's action, with knowledge that the software will not be so uninstalled or disabled.
   (e) Through intentionally deceptive means, remove, disable, or render inoperative security, 
antispyware, or antivirus software installed on the computer.


22947.3.  A person or entity that is not an authorized user, as defined in Section 22947.1, 
shall not, with actual knowledge, with conscious avoidance of actual knowledge, or 
willfully, cause computer software to be copied onto the computer of a consumer in this state
and use the software to do any of the following:
   (a) Take control of the consumer's computer by doing any of the following:
   (1) Transmitting or relaying commercial electronic mail or a computer virus from the 
consumer'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.
   (2) Accessing or using the consumer's modem or Internet service for the purpose of causing 
damage to the consumer's computer or of causing an authorized user to incur financial 
charges for a service that is not authorized by an authorized user.
   (3) Using the consumer'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.
   (4) Opening multiple, sequential, stand-alone advertisements in
the consumer's Internet browser 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 consumer's Internet browser.
   (b) Modify any of the following settings related to the computer's
access to, or use of, the Internet:
   (1) 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.
   (2) The security settings of the computer for the purpose of
causing damage to one or more computers.
   (c) 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:
   (1) 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.
   (2) Falsely representing that software has been disabled.
   (d) Nothing in this section shall apply to any monitoring of, or
interaction with, a subscriber's Internet or other network connection
or service, or a protected computer, by a telecommunications
carrier, cable operator, computer hardware or software provider, or
provider of information service or interactive computer service for
network or computer security purposes, diagnostics, technical
support, repair, authorized updates of software or system firmware,
authorized remote system management, or detection or prevention of
the unauthorized use of or fraudulent or other illegal activities in
connection with a network, service, or computer software, including
scanning for and removing software proscribed under this chapter.



22947.4.  (a) A person or entity, who is not an authorized user, as
defined in Section 22947.1, shall not do any of the following with
regard to the computer of a consumer in this state:
   (1) Induce an authorized user to install a software component onto
the computer by intentionally misrepresenting that installing
software is necessary for security or privacy reasons or in order to
open, view, or play a particular type of content.
   (2) Deceptively causing the copying and execution on the computer
of a computer software component with the intent of causing an
authorized user to use the component in a way that violates any other
provision of this section.
   (b) Nothing in this section shall apply to any monitoring of, or
interaction with, a subscriber's Internet or other network connection
or service, or a protected computer, by a telecommunications
carrier, cable operator, computer hardware or software provider, or
provider of information service or interactive computer service for
network or computer security purposes, diagnostics, technical
support, repair, authorized updates of software or system firmware,
authorized remote system management, or detection or prevention of
the unauthorized use of or fraudulent or other illegal activities in
connection with a network, service, or computer software, including
scanning for and removing software proscribed under this chapter.



22947.5. It is the intent of the Legislature that this chapter is a
matter of statewide concern.  This chapter supersedes and preempts
all rules, regulations, codes, ordinances, and other laws adopted by
a city, county, city and county, municipality, or local agency
regarding spyware and notices to consumers from computer software
providers regarding information collection.



22947.6.  The provisions of this chapter are severable.  If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect any other provision or application that
can be given effect without the invalid provision or application.