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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

Senate Bill 327

Senate Author:  Zaffirini et al.

Effective:  9-1-05

House Sponsor:  McCall


            Senate Bill 327 amends the Business & Commerce Code by adding Chapter 48, the Consumer Protection Against Computer Spyware Act, to combat unauthorized computer software that is put into a person's computer to gather information about the person and relay it to advertisers or other interested parties.  The bill prohibits a person, other than the owner or operator of the computer, from knowingly causing computer software to be copied to a computer in this state and using the software to collect personally identifiable information; cull from the hard drive credit card, debit card, or bank account numbers, passwords, social security numbers, or account balances or history; modify computer settings; damage the computer; interfere with efforts to block the installation of or to disable unwanted computer software; or perform certain other actions by intentionally deceptive means.  The bill authorizes an Internet service provider and certain other persons to file suit for injunctive relief and to recover damages in an amount equal to actual damages or $100,000 per violation, whichever is greater.  It authorizes a court to award an amount up to three times the actual damages if the court finds that the frequency of violations constitutes a pattern; and it authorizes a telecommunications carrier or cable operator to take certain actions if the carrier or operator incurs costs related to calls over a customer's modem as a result of a violation.  It establishes that a person who violates this chapter is liable to the state for a civil penalty in an amount not to exceed $100,000 for each violation, and it authorizes the attorney general to bring suit to recover the penalty.  The attorney general is also authorized to issue a temporary restraining order or permanent or temporary injunction to restrain a violation and to recover reasonable attorney's fees and court costs in obtaining injunctive relief or civil penalties.  Prohibitions in the act do not apply to a service provider that monitors or has interaction with a subscriber's Internet or other network connection or to a multichannel video programming distributor that uses a navigation device or collects or discloses subscriber information subject to federal regulation.