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Senate Bill 28 |
Senate Author: Zaffirini |
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Effective: 9-1-09 |
House Sponsor: Deshotel |
Senate Bill 28 amends the Business & Commerce Code to add provisions relating to zombies and botnets. The bill defines a "zombie" as a computer that, without the knowledge and consent of the computer's owner or operator, has been compromised to give access or control to a program or person other than the computer's owner or operator. A "botnet" is defined as a collection of two or more zombies. The bill prohibits a person who is not the owner or operator of a computer from knowingly causing or offering to cause the computer to become a zombie or part of a botnet; prohibits a person from knowingly creating, having created, using, or offering to use a zombie or botnet to perform certain actions; and prohibits a person from purchasing, renting, or otherwise gaining control of a zombie or botnet created by another person or providing to another person access to or use of a zombie or botnet. The bill permits a civil action to be brought against a person who violates the bill's provisions by a person who is acting as an Internet service provider and whose network is used to commit a violation, or by a person who has incurred a loss or disruption of the conduct of the person's for-profit or not-for-profit business activities as a result of the violation. The bill entitles a person bringing an action to obtain injunctive relief, damages, or both injunctive relief and damages, and it prescribes the amount of damages. The bill authorizes the court to increase an award of damages to an amount not to exceed three times the applicable damages if the court finds that the violations constitute a pattern or practice. The bill entitles a plaintiff who prevails in an action to recover reasonable costs of litigation and declares that a remedy authorized by the bill's provisions is in addition to any other procedure or remedy provided for by law. The bill establishes that its provisions may not be construed to impose liability on certain service providers with respect to a violation committed by another person.