Definitions

(a)Cause to be copied means to distribute or transfer computer software, or any component thereof. Such term shall not include providing:

(1)a transmission, routing, provision of intermediate temporary storage, or caching of software;

(2)a storage or hosting medium, such as a compact disk, website, or computer server through which the software was distributed by a third party; or

(3)an information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software.

(b)Computer software means a sequence of instructions written in any programming language that is executed on a computer. Computer software does not include a data component of a web page that is not executable independently of the web page.

(c)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. COL 3/18/2024 CH. 46 FORGERY, FRAUDULENT PRACTICES AND TELEPHONE RECORDS

(d)Damage means any significant impairment to the integrity or availability of data, software, a system, or information.

(e)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.

(f)Intentionally deceptive means any of the following:

(1)an intentionally and materially false or fraudulent statement;

(2)a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or

(3)an intentional and material failure to provide a notice to an owner or operator regarding the installation or execution of computer software for the purpose of deceiving the owner or operator.

(g)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 Subsection.

(h)Owner or operator means the owner or lessee of a computer, or a person using such computer with the owner or lessee’s authorization, but does not include a person who owned a computer prior to the first retail sale of the computer.

(i)Message means a graphical or text communication presented to an authorized user of a computer.

(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 information if it allows the entity holding the information to identify the owner or operator of a computer:

(1)the first name or first initial in combination with the last name;

(2)a home or other physical address including street name;

(3)a personal identification code in conjunction with a password required to access an identified account, other than a password, personal identification number or other identification number transmitted by an authorized user to the issuer of the account or its agent;

(4)a social security number, tax identification number, driver’s license number, passport number, or any other government-issued identification number; or

(5)an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer.