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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation, copying, or use of certain computer |
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software for unauthorized purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 48.002, Business & Commerce Code, as |
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added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended by adding Subdivisions (1-a) and (1-b) to |
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read as follows: |
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(1-a) "Bot" means computer software that operates as an |
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agent for a user or another computer program or simulates a human |
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activity. |
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(1-b) "Botnet" means a number of computers that, |
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without the knowledge of the computers' owners or operators, have |
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been compromised to: |
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(A) run a computer program under a command and |
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control infrastructure; or |
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(B) forward a transmission, including an |
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unsolicited electronic mail message or virus, to other computers on |
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the Internet. |
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SECTION 2. Section 48.054, Business & Commerce Code, as |
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added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended to read as follows: |
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Sec. 48.054. KNOWING VIOLATION. A person knowingly |
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violates Section 48.051, 48.052, [or] 48.053, or 48.055(b) if the |
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person: |
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(1) acts with actual knowledge of the facts that |
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constitute the violation; or |
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(2) consciously avoids information that would |
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establish actual knowledge of those facts. |
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SECTION 3. Section 48.055, Business & Commerce Code, as |
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added by Chapter 298, Acts of the 79th Legislature, Regular |
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Session, 2005, is amended to read as follows: |
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Sec. 48.055. OTHER PROHIBITED CONDUCT. (a) If a person is |
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not the owner or operator of the computer, the person may not: |
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(1) induce the owner or operator of a computer in this |
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state to install a computer software component to the computer by |
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intentionally misrepresenting the extent to which the installation |
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is necessary for security or privacy reasons, to open or view text, |
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or to play a particular type of musical or other content; or |
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(2) copy and execute or cause the copying and |
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execution of a computer software component to a computer in this |
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state in a deceptive manner with the intent of causing the owner or |
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operator of the computer to use the component in a manner that |
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violates this chapter. |
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(b) If a person is not the owner or operator of the computer, |
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the person may not knowingly cause a bot to be copied to a computer |
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in this state and, without the owner's or operator's knowledge, use |
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the bot: |
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(1) to become part of a botnet; |
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(2) to send an unsolicited commercial electronic mail |
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message, as defined by Section 46.001; |
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(3) for an attack: |
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(A) on a computer system or network that causes a |
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loss of service to users; or |
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(B) against an Internet Relay Chat network; |
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(4) to artificially add increments to a click counter |
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by automatically clicking on an advertisement on an Internet |
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website; |
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(5) to forward computer software designed to damage or |
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disrupt a system; |
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(6) to collect personally identifiable information; |
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(7) to manipulate online polls or games; or |
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(8) for another purpose not authorized by the owner or |
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operator of the computer. |
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SECTION 4. This Act takes effect September 1, 2007. |