73 Pa. Stat. § 2330.2

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 2330.2 - Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Authorized user." With respect to a computer, a person who owns or is authorized by the owner or lessee to use the computer.

"Cause to be copied." To distribute, transfer or procure the copying of computer software or any component thereof. The term shall not include the following:

(1) Transmission, routing, provision of intermediate temporary storage or caching of software.
(2) A storage or hosting medium, such as a compact disc, Internet website or computer server, through which the software was distributed by a third party.
(3) An information location tool, such as a directory, index, reference, pointer or hypertext link, through which the user of the computer located the software.

"Communications provider." Entity providing communications networks or services that enable consumers to access the Internet or destinations on the public switched telephone network via a computer modem. This term shall include cable service providers that also provide telephone services and providers of Voice over Internet Protocol services.

"Computer software." A sequence of instructions written in any programming language that is executed on a computer. The term shall not include a text or data file, an Internet website or a data component of an Internet website that is not executable independently of the Internet website.

"Computer virus." A computer program or other set of instructions that is designed to degrade the performance of or disable a computer, computer network or computer software 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.

"Damage." Any material impairment to the integrity, functionality or availability of data, software, a computer, a system or information.

"Deceptive" or "deception." Includes, but is not limited to:

(1) An intentionally and materially false or fraudulent statement.
(2) A statement or description that intentionally omits or misrepresents material information in order to deceive the authorized user.
(3) An intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the authorized user.

"Execute." With respect to computer software, the performance of the functions or the carrying out of the instructions of the computer software.

"Internet." 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 act.

"Message." A graphical or text communication presented to an authorized user of a computer other than communications originated and sent by the computer's operating system or communications presented for any of the purposes described in section 6 .

"Person." Any individual, partnership, corporation, limited liability company or other organization, or any combination thereof.

"Personally identifiable information." The term shall include any of the following:

(1) First name or first initial in combination with last name.
(2) Credit or debit card numbers or other financial account numbers.
(3) A password or personal identification number required to access an identified financial account other than a password, personal identification number or other identification number transmitted by an authorized user to the issuer of the account or its agent.
(4) Social Security number.
(5) Any of the following information in a form that personally identifies an authorized user:
(i) Account balances.
(ii) Overdraft history.
(iii) Payment history.
(iv) A history of Internet websites visited.
(v) Home address.
(vi) Work address.
(vii) A record of a purchase or purchases.

"Procure the copying." To pay, provide other consideration to or induce another person to cause software to be copied onto a computer.

73 P.S. § 2330.2

2010, Oct. 27, P.L. 855, No. 86, §2, effective in 60 days [ 12/27/2010].