Louisiana Revised Statutes 51:2009 – Control or modification
Terms Used In Louisiana Revised Statutes 51:2009
- Authorized user: means with respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer. See Louisiana Revised Statutes 51:2007
- Cause computer software to be copied: means to distribute, transfer, or procure the copying of computer software or any component thereof. See Louisiana Revised Statutes 51:2007
- Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Louisiana Revised Statutes 51:2007
- 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. See Louisiana Revised Statutes 51:2007
- Damage: means any material impairment to the integrity, functionality, or availability of data, software, a computer, a system, or information. See Louisiana Revised Statutes 51:2007
- 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 Chapter. See Louisiana Revised Statutes 51:2007
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Procure the copying: means to pay or provide other consideration to or induce another person to cause software to be copied onto a computer. See Louisiana Revised Statutes 51:2007
A person or entity that is not an authorized user shall not knowingly or willfully cause computer software to be copied or procure the copying onto the computer of an authorized user in this state and use the software to do any of the following acts:
(1) Take control of the authorized user’s computer by doing any of the following:
(a) Transmit or relay commercial electronic mail or a computer virus from the authorized user’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.
(b) Access or use the authorized user’s modem or Internet service for the purpose of causing damage to the authorized user’s computer or cause an authorized user to incur financial charges for a service that is not authorized by an authorized user.
(c) Use the authorized user’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.
(d) Open a series of stand-alone messages in the authorized user’s computer 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 Internet application.
(2) Modify settings related to the computer’s access to or use of the Internet including the following:
(a) 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.
(b) The security settings of the computer for the purpose of causing damage to one or more computers.
(3) 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:
(a) 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.
(b) Falsely representing that software has been disabled.
(c) Requiring in a deceptive manner the user to access the Internet to remove the software with knowledge or reckless disregard of the fact that the software frequently operates in a manner that prevents the user from accessing the Internet.
(d) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it.
(e) Using randomized or deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user.
(f) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading authorized users’ attempts to remove the software from the computer.
(g) Requiring, without the authority of the owner of the computer, that an authorized user obtain a special code or download software from a third party to uninstall the software.
Acts 2006, No. 392, §1.