Utah Code 13-40-301. Prohibition on the use of software
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A person who is not an owner or operator of a computer may not cause computer software to be copied on the computer knowingly, with conscious avoidance of actual knowledge, or willfully, if the software is used to:
(1) modify, through intentionally deceptive means, settings of a computer controlling:
Terms Used In Utah Code 13-40-301
- Computer software: means a sequence of instructions written in any programming language that is executed on a computer. See Utah Code 13-40-102
- 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 another computer or computer network without the authorization of the owner of the other computer or computer network. See Utah Code 13-40-102
- Damage: means any significant impairment to the:(4)(a) performance of a computer; or(4)(b) integrity or availability of data, software, a system, or information. See Utah Code 13-40-102
- Intentionally deceptive: means any of the following:
(8)(a) an intentionally and materially false or fraudulent statement;(8)(b) a statement or description that intentionally omits or misrepresents material information in order to deceive an owner or operator of a computer; or(8)(c) an intentional and material failure to provide a notice to an owner or operator concerning the installation or execution of computer software, for the purpose of deceiving the owner or operator. See Utah Code 13-40-102- 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 communications and related infrastructure. See Utah Code 13-40-102
- Owner or operator: means the owner or lessee of a computer, or a person using a computer with the owner's or lessee's authorization. See Utah Code 13-40-102
- Person: means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof. See Utah Code 13-40-102
- Personally identifiable information: means any of the following information if it allows the entity holding the information to identify the owner or operator of a computer:
(14)(a) the first name or first initial in combination with the last name and a home or other physical address including street name;(14)(b) a personal identification code in conjunction with a password required to access an identified 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;(14)(c) a Social Security number, tax identification number, driver license number, passport number, or any other government-issued identification number; or(14)(d) an account balance, overdraft history, or payment history that personally identifies an owner or operator of a computer. See Utah Code 13-40-102- Webpage: means a location that has a single uniform resource locator (URL) with respect to the World Wide Web or another location that can be accessed on the Internet. See Utah Code 13-40-102
(1)(a) the webpage that appears when an owner or operator launches an Internet browser or similar computer software used to access and navigate the Internet;(1)(b) the default provider or web proxy that an owner or operator uses to access or search the Internet; or(1)(c) an owner’s or an operator’s list of bookmarks used to access webpages;(2) collect, through intentionally deceptive means, personally identifiable information:(2)(a) through the use of a keystroke-logging function that records all or substantially all keystrokes made by an owner or operator of a computer and transfers that information from the computer to another person;(2)(b) in a manner that correlates personally identifiable information with data concerning all or substantially all of the webpages visited by an owner or operator, other than webpages operated by the person providing the software, if the computer software was installed in a manner designed to conceal from all authorized users of the computer the fact that the software is being installed; or(2)(c) by extracting from the hard drive of an owner’s or an operator’s computer, an owner’s or an operator’s Social Security number, tax identification number, driver license number, passport number, any other government-issued identification number, an account balance, or overdraft history for a purpose unrelated to any of the purposes of the software or service described to an authorized user;(3) prevent, through intentionally deceptive means, an owner’s or an operator’s reasonable efforts to block or disable the installation or execution of computer software by causing computer software that the owner or operator has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user;(4) intentionally misrepresent that computer software will be uninstalled or disabled by an owner’s or an operator’s action;(5) through intentionally deceptive means, remove, disable, or render inoperative security, antispyware, or antivirus computer software installed on an owner’s or an operator’s computer;(6) enable use of an owner’s or an operator’s computer to:(6)(a) access or use a modem or Internet service for the purpose of causing damage to an owner’s or an operator’s computer or causing an owner or operator, or a third party affected by that conduct, to incur financial charges for a service that the owner or operator did not authorize;(6)(b) open multiple, sequential, stand-alone messages in an owner’s or an operator’s computer without the authorization of an owner or operator and with knowledge that a reasonable computer user could not close the messages without turning off the computer or closing the software application in which the messages appear, unless the communication originated from the computer’s operating system, a software application the user activated, or a service provider that the user chose to use, or was presented for any of the purposes described in Section 13-40-303; or(6)(c) transmit or relay commercial electronic mail or a computer virus from the computer, if the transmission or relay is initiated by a person other than the authorized user without the authorization of an authorized user;(7) modify, without the authorization of an owner or operator, any of the following settings related the computer’s access to, or use of, the Internet:(7)(a) settings that protect information about an owner or operator for the purpose of taking personally identifiable information of the owner or operator;(7)(b) security settings, for the purpose of causing damage to a computer; or(7)(c) settings that protect the computer from the uses identified in Subsection (6); or(8) prevent, without the authorization of an owner or operator, an owner’s or an operator’s reasonable efforts to block the installation of, or to disable, computer software by:(8)(a) presenting the owner or operator with an option to decline installation of computer software with knowledge that, when the option is selected by the authorized user, the installation nevertheless proceeds;(8)(b) falsely representing that computer software has been disabled;(8)(c) requiring in an intentionally 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;(8)(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;(8)(e) using randomized or intentionally deceptive filenames, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user;(8)(f) causing the installation of software in a particular computer directory or in computer memory for the purpose of evading an authorized user’s attempt to remove the software from the computer; or(8)(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. - Intentionally deceptive: means any of the following: