13-40-102 - Definitions.
13-40-102. Definitions.
As used in this chapter:
(1) (a) "Cause to be copied" means to distribute or transfer computer software, or anycomponent of computer software.
(b) "Cause to be copied" does not include providing:
(i) transmission, routing, intermediate temporary storage, or caching of software;
(ii) a storage or hosting medium, such as a compact disk, website, or computer serverthrough which the software was distributed by a third party; or
(iii) an information location tool, such as a directory, index, reference, pointer, orhypertext link, through which the user of the computer located the software.
(2) (a) "Computer software" means a sequence of instructions written in anyprogramming language that is executed on a computer.
(b) "Computer software" does not include a data component of a webpage that is notexecutable independently of the webpage.
(3) "Computer virus" means a computer program or other set of instructions that isdesigned to degrade the performance of or disable a computer or computer network and isdesigned to have the ability to replicate itself on another computer or computer network withoutthe authorization of the owner of the other computer or computer network.
(4) "Damage" means any significant impairment to the:
(a) performance of a computer; or
(b) integrity or availability of data, software, a system, or information.
(5) "Execute," when used with respect to computer software, means the performance ofthe functions or the carrying out of the instructions of the computer software.
(6) "False pretenses" means the representation of a fact or circumstance that is not trueand is calculated to mislead.
(7) (a) "Identifying information" means any information that can be used to access aperson's financial accounts or to obtain goods and services, including the person's:
(i) address;
(ii) birth date;
(iii) Social Security number;
(iv) driver license number;
(v) non-driver governmental identification number;
(vi) telephone number;
(vii) bank account number;
(viii) student identification number;
(ix) credit or debit card number;
(x) personal identification number;
(xi) unique biometric data;
(xii) employee or payroll number;
(xiii) automated or electronic signature;
(xiv) computer image file;
(xv) photograph; or
(xvi) computer screen name or password.
(b) "Identifying information" does not include information that is lawfully obtained frompublicly available information, or from federal, state, or local government records lawfully made
available to the general public.
(8) "Intentionally deceptive" means any of the following:
(a) an intentionally and materially false or fraudulent statement;
(b) a statement or description that intentionally omits or misrepresents materialinformation in order to deceive an owner or operator of a computer; or
(c) an intentional and material failure to provide a notice to an owner or operatorconcerning the installation or execution of computer software, for the purpose of deceiving theowner or operator.
(9) "Internet" means the global information system that is logically linked together by aglobally 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/Internetprotocol (TCP/IP) suite, or its subsequent extensions, or other IP-compatible protocols, and thatprovides, uses, or makes accessible, either publicly or privately, high-level services layered oncommunications and related infrastructure.
(10) "Internet service provider" means:
(a) an Internet service provider, as defined in Section 76-10-1230; or
(b) a hosting company, as defined in Section 76-10-1230.
(11) "Message" means a graphical or text communication presented to an authorized userof a computer.
(12) (a) "Owner or operator" means the owner or lessee of a computer, or a person usinga computer with the owner's or lessee's authorization.
(b) "Owner or operator" does not include a person who owned a computer before the firstretail sale of the computer.
(13) "Person" means any individual, partnership, corporation, limited liability company,or other organization, or any combination thereof.
(14) "Personally identifiable information" means any of the following information if itallows the entity holding the information to identify the owner or operator of a computer:
(a) the first name or first initial in combination with the last name and a home or otherphysical address including street name;
(b) a personal identification code in conjunction with a password required to access anidentified account, other than a password, personal identification number, or other identificationnumber transmitted by an authorized user to the issuer of the account or its agent;
(c) a Social Security number, tax identification number, driver license number, passportnumber, or any other government-issued identification number; or
(d) an account balance, overdraft history, or payment history that personally identifies anowner or operator of a computer.
(15) "Webpage" means a location that has a single uniform resource locator (URL) withrespect to the World Wide Web or another location that can be accessed on the Internet.
Repealed and Re-enacted by Chapter 200, 2010 General Session