Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 06, 2010 |
referred to consumer protection |
Apr 27, 2009 |
referred to consumer protection |
Senate Bill S4716
2009-2010 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S4716 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 28-F §§491 - 494, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
S3374
2013-2014: S3230
2009-S4716 (ACTIVE) - Summary
Enacts the "consumer protection against computer spyware act"; establishes a person or entity that is not an authorized user shall not cause computer software to be copied onto the computer of a consumer in this state and cause such software to do certain things; allows the attorney general to bring a civil action against any person violating the provisions of this act.
2009-S4716 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4716 TITLE OF BILL : An act to amend the general business law, in relation to enacting the "consumer protection against computer spyware act" PURPOSE : This bill seeks to protect the privacy of computer users by banning the dissemination of computer spyware. SUMMARY OF SPECIFIC PROVISIONS : This bill would amend the General Business Law to prohibit: * An unauthorized user from, using deceptive means, modifying a computers settings, collecting personally identifiable information, removing anti-spyware or antivirus software or misrepresenting software that is being installed on a computer; or * An unauthorized user from copying or causing to be copied into a computer through deceptive means, software that takes over a computer by using it to transmit a multiple spam email messages, opening multiple stand-alone "pop-ups" or using the computer to cause damage to another computer; or * Modifying, through deceptive means, security settings that protect personal information, settings that block reasonable efforts to block or uninstall computer software;
2009-S4716 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4716 2009-2010 Regular Sessions I N S E N A T E April 27, 2009 ___________ Introduced by Sen. LEIBELL -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to enacting the "consumer protection against computer spyware act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The general business law is amended by adding a new article 28-F to read as follows: ARTICLE 28-F CONSUMER PROTECTION AGAINST COMPUTER SPYWARE SECTION 491. SHORT TITLE. 492. DEFINITIONS. 493. CONSUMER PROTECTION AGAINST COMPUTER SPYWARE. 494. ENFORCEMENT. S 491. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE "CONSUMER PROTECTION AGAINST COMPUTER SPYWARE ACT". S 492. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS HAVE THE FOLLOWING MEANINGS: 1. "ADVERTISEMENT" MEANS A COMMUNICATION, THE PRIMARY PURPOSE OF WHICH IS THE COMMERCIAL PROMOTION OF A COMMERCIAL PRODUCT OR SERVICE, INCLUD- ING CONTENT ON AN INTERNET WEB SITE OPERATED FOR A COMMERCIAL PURPOSE. 2. "AUTHORIZED USER" WITH RESPECT TO A COMPUTER, MEANS A PERSON WHO OWNS OR IS AUTHORIZED BY THE OWNER OR LESSEE TO USE THE COMPUTER. 3. "COMPUTER SOFTWARE" MEANS A SEQUENCE OF INSTRUCTIONS WRITTEN IN ANY PROGRAMMING LANGUAGE THAT IS EXECUTED ON A COMPUTER. 4. "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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11247-01-9
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