(1) The use or installation of spyware in a computer, for any given purpose, is hereby prohibited, unless there is the informed and express consent by the owner or the authorized user thereof.
(2) The prohibited use of spyware includes, but is not limited to:
(a) The modification, by means of deceit or ruse, of any of the functions of the computer, including, but not limited to access to the computer, the webpage where the computer activates its Internet navigation system and bookmarks registered in the computer by its authorized user or owner.
(b) The collection, by means of deceit or ruse, of confidential personal information of the authorized user or owner, including when said action is performed by means of a device that records all keyboard uses of an authorized user and transfers said information to another computer or person; when said action is performed by means of unauthorized access to the history of webpages visited by the authorized user, and when said action is performed by retrieving information from the hard disk of the computer without the express authorization of the authorized user or owner.
(c) Prevent, by means of deceit or ruse, an authorized user from being able to detect that his/her computer has been intervened, programmed or that information has been retrieved without his/her authorization.
(d) Misrepresent, knowingly and intentionally, by electronic means that the computer has eliminated spyware or a virus.
(e) To disable the security system, anti-spyware or antivirus of a computer intentionally or by means of ruse or deceit.
(3) No person, except the authorized user or owner of a computer, shall:
(a) Abet an authorized user to install software or a component thereof by means of deceit or ruse, misrepresenting that such software is necessary for assuring the security of the computer or for the computer to be able to open certain files, programs or records.
History —Aug. 6, 2008, No. 165, §§ 5, 6.