For the purposes of this chapter, the following terms shall have the meaning stated below:
(a) Advertisement. — Means any communication whose main purpose is to commercially promote a commercial product or service, including the content of a webpage to such purpose.
(b) Computer. — Means any computer, server, or electronic device, such as cellular and mobile telephones, personal digital assistants, videogames with Internet access, and devices that retrieve biometrical information, such as retinal scanners and fingerprint readers.
(c) Informed consent. — Means the consent given by a person who has been clearly, simply, conspicuously and unambiguously informed on the fact that a software is being installed or executed in his/her computer, as well as a notice of its function and effects. In addition, the person shall be informed about the manner in which said product may be removed from his/her computer.
(d) Damage. — Means any disability or adverse effect on the integrity of the computer, the programming thereof, its operating system or the information contained therein.
(e) Person. — Means any individual, partnership, corporation or other kind of organization with legal capacity.
(f) Program. — Means any sequence of instructions written in any programming language that is executed in a computer.
(g) Spyware. — Any software that:
(1) Runs or executes functions in a computer without the informed consent of the owner or authorized user.
(2) Obtains or uses, in any way, any information in said computer, or information obtained or made available by said computer to any other computer, server, or electronic device through any kind of communication.
This definition does not include the investigative functions of the State pursuant to the Constitution of the Commonwealth of Puerto Rico and the United States of America and to Commonwealth and federal laws and regulations.
(h) Authorized user. — Means any person who is the owner or is authorized by the owner or is the lessor of said computer.
(i) Virus. — Means any software or sequence of instructions designed to corrupt the functions of the computer or to disable the computer or computer network, designed so as to reproduce spontaneously in computers or computer networks without the owner’s or authorized user’s authorization.
History —Aug. 6, 2008, No. 165, § 3.