18-501. Definitions

In this article, unless the context otherwise requires:

1. " Advertisement" means a communication the primary purpose of which is the commercial promotion of a commercial product or service, including communication on an internet website that is operated for a commercial purpose.

2. " Computer software" means a sequence of instructions that is written in any programming language and that is executed on a computer and does not include a web page or data components of web pages that are not executable independently of the web page.

3. " Damage" means any significant impairment to the integrity or availability of data, computer software, a system or information.

4. " Execute" means the performance of the functions or the carrying out of the instructions of the computer software.

5. " Intentionally deceptive" means any of the following:

(a) By means of an intentionally and materially false or fraudulent statement.

(b) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer.

(c) By means of an intentional and material failure to provide any notice to an owner or operator of a computer regarding the installation or execution of computer software in order to deceive the owner or operator.

6. " Internet" means the global information system that is logically linked together by a globally unique address space based on the internet protocol, or its subsequent extensions, and that is able to support communications using the transmission control protocol or internet protocol suite, or its subsequent extensions, or other internet protocol 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 paragraph.

7. " Owner or operator" means the owner or lessee of a computer or someone using the computer with the owner's or lessee's authorization. Owner or operator does not include any person who owns a computer before the first retail sale of the computer.

8. " Person" means any individual, partnership, corporation, limited liability company or other organization or any combination of these entities.

9. " Personally identifiable information" means any of the following with respect to an individual who is an owner or operator of a computer:

(a) First name or first initial in combination with last name.

(b) A home or other physical address including street name.

(c) An electronic mail address.

(d) A credit or debit card number or bank account number or any password or access code associated with a credit or debit card or bank account.

(e) A social security number, tax identification number, driver license number, passport number or any other government issued identification number.

(f) Any of the following information in a form that personally identifies an owner or operator of a computer:

(i) Account balances.

(ii) Overdraft history.

(iii) Payment history.

10. " Transmit" means to transfer, send or make available computer software, or any component of computer software, via the internet or any other medium, including local area networks of computers, any other nonwire transmission and a disk or other data storage device. Transmit does not include any action by a person providing any of the following:

(a) The internet connection, telephone connection or other means of transmission capability such as a compact disk or digital video disk through which the software was made available.

(b) The storage or hosting of the software program or an internet web page through which the software was made available.

(c) An information location tool, such as a directory, index, reference, pointer or hypertext link, through which the user of the computer located the software, unless the person receives a direct economic benefit from the execution of the software on the computer.