Bill Text: GA SB470 | 2009-2010 | Regular Session | Engrossed
Bill Title: Computer Security; illegal to prevent reasonable efforts to block installation or execution of a covered file-sharing program
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2010-07-01 - Effective Date [SB470 Detail]
Download: Georgia-2009-SB470-Engrossed.html
10 LC
21 0827S (SCS)
Senate
Bill 470
By:
Senators Staton of the 18th, Smith of the 52nd, Hamrick of the 30th and Orrock
of the 36th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 9 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to computer security, so as to provide a definition; to
provide that it shall be illegal to prevent reasonable efforts to block the
installation, execution, or disabling of a covered file-sharing program on
computers; to provide that it shall be illegal to install, offer to install, or
make available for installation, reinstallation, or update a covered
file-sharing program on a computer without first providing clear and conspicuous
notice to the authorized user of the computer that the files on that computer
will be made available to the public, obtaining consent of the authorized user
to install the program, and requiring affirmative steps by the authorized user
to activate any feature on the program that will make files on that computer
available to the public; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
9 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating
to computer security, is amended by revising Code Section 16-9-151, relating to
definitions, by adding a new paragraph to read as follows:
"(6.1)
'Covered file-sharing program' means a computer program, application, or
software that enables the computer on which such program, application, or
software is installed to designate files as available for searching by and
copying to one or more other computers, to transmit such designated files
directly to one or more other computers, and to request the transmission of such
designated files directly from one or more other computers. Covered
file-sharing program does not mean a program, application, or software designed
primarily to operate as a server that is accessible over the Internet using the
Internet Domain Name System, to transmit or receive e-mail messages, instant
messaging, real-time audio or video communications, or real-time voice
communications, to provide network or computer security, network management,
hosting and backup services, maintenance, diagnostics, or technical support or
repair, or to detect or prevent fraudulent
activities."
SECTION
2.
Said
article is further amended by revising subsection (a) of Code Section 16-9-154,
relating to inducement to install, copy, or execute software through
misrepresentation prohibited, as follows:
"(a)
It shall be illegal for a person or entity that is not an authorized user, as
defined in Code Section 16-9-151, of a computer in this state to do any of the
following with regard to such computer:
(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;
or
(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 Code
section;
(3)
Prevent reasonable efforts to block the installation, execution, or disabling of
a covered file-sharing program on the computer; or
(4)
Install, offer to install, or make available for installation, reinstallation,
or update a covered file-sharing program on the computer without first providing
clear and conspicuous notice to the authorized user of the computer showing
which files on that computer will be made available to the public, obtaining
consent from the authorized user to install the covered file-sharing program,
and requiring affirmative steps by the authorized user to activate any feature
on the covered file-sharing program that will make files on that computer
available to the public. Such notice shall be redisplayed each time a change
occurs in the list of files that will be made available to the
public."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
