HCS CSSB 140(RLS): "An Act relating to computers, computer communications, and the Internet."
00 HOUSE CS FOR CS FOR SENATE BILL NO. 140(RLS) 01 "An Act relating to computers, computer communications, and the Internet." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.41 is amended by adding a new section to read: 04 Sec. 11.41.452. Online enticement of a minor. (a) A person commits the 05 crime of online enticement of a minor if the person, being 18 years of age or older, 06 knowingly uses a computer to communicate with another person to entice, solicit, or 07 encourage the person to engage in an act described in AS 11.41.455(a)(1) - (7) and 08 (1) the other person is a child under 16 years of age; or 09 (2) the person believes that the other person is a child under 16 years 10 of age. 11 (b) In a prosecution under (a)(2) of this section, it is not a defense that the 12 person enticed, solicited, or encouraged was not actually a child under 16 years of age. 13 (c) In a prosecution under this section, it is not necessary for the prosecution 14 to show that the act described in AS 11.41.455(a)(1) - (7) was actually committed. 15 (d) Except as provided in (e) of this section, online enticement is a class C
01 felony. 02 (e) Online enticement is a class B felony if the defendant was, at the time of 03 the offense, required to register as a sex offender or child kidnapper under AS 12.63 or 04 a similar law of another jurisdiction. 05 * Sec. 2. AS 11.61 is amended by adding a new section to read: 06 Sec. 11.61.128. Electronic distribution of indecent material to minors. (a) 07 A person commits the crime of electronic distribution of indecent material to minors if 08 the person, being 18 years of age or older, knowingly distributes to another person by 09 computer any material that depicts an act described in AS 11.41.455(a)(1) - (7) and 10 (1) the other person is a child under 16 years of age; or 11 (2) the person believes that the other person is a child under 16 years 12 of age. 13 (b) In this section, it is not a defense that the victim was not actually under 16 14 years of age. 15 (c) Except as provided in (d) of this section, electronic distribution of indecent 16 material to minors is a class C felony. 17 (d) Electronic distribution of indecent material to minors is a class B felony if 18 the defendant was, at the time of the offense, required to register as a sex offender or 19 child kidnapper under AS 12.63 or a similar law of another jurisdiction. 20 * Sec. 3. AS 45.45 is amended by adding new sections to read: 21 Article 10A. Deceptive Acts or Practices Relating to Spyware. 22 Sec. 45.45.792. Prohibited conduct relating to spyware. (a) It is unlawful 23 for a person who is not the owner or authorized user of a computer to engage in 24 deceptive acts or practices described in this subsection using spyware. Deceptive acts 25 or practices under this subsection are 26 (1) causing a pop-up advertisement to be shown on the computer 27 screen of a user by means of a spyware program, knowing that the pop-up 28 advertisement is 29 (A) displayed in response to a user accessing a specific 30 (i) mark; or 31 (ii) Internet website address; and
01 (B) purchased or acquired by a person other than 02 (i) the mark owner; 03 (ii) a licensee of the mark; 04 (iii) an authorized agent of the owner of the mark; 05 (iv) an authorized user of the mark; or 06 (v) a person advertising the lawful sale, lease, or 07 transfer of products bearing the mark through a secondary marketplace 08 for the sale of goods or services; and 09 (2) purchasing advertising that violates (1) of this subsection if the 10 purchaser of the advertising 11 (A) receives notice of the violation from the mark owner; and 12 (B) fails to stop the violation. 13 (b) It is not a violation of this section for a person to display a pop-up 14 advertisement under (a)(1) of this section if the spyware program includes a function 15 that 16 (1) requests information about the user's state of residence before 17 displaying a pop-up advertisement to the user, and the user indicates a residence 18 outside this state; 19 (2) implements a reasonably reliable automated system to determine 20 the user's likely geographic location, according to current best practices in the field, 21 and the system determines that it is unlikely that the user is located in this state; and 22 (3) does not prompt, ask, or otherwise encourage a user to indicate a 23 residence outside this state. 24 (c) It is not a violation of (a)(2) of this section if a person purchases 25 advertising that complies with the requirements of (b) of this section. 26 Sec. 45.45.794. Removal of potentially harmful software. Notwithstanding 27 AS 45.45.792, a provider of computer software or an interactive computer service 28 may, after notice to a customer, remove from or disable a program on the customer's 29 computer that is used to 30 (1) violate AS 45.45.792; or 31 (2) collect information from the computer of the customer without the
01 customer's knowledge. 02 Sec. 45.45.798. Definitions. In AS 45.45.792 - 45.45.798, 03 (1) "interactive computer service" means an information service, 04 system, or access software provider that provides or enables computer access by 05 multiple users to a computer server; "interactive computer service" includes an 06 Internet or online service provider or a service or system providing access to the 07 Internet, including a system operated by a library or educational institution; 08 (2) "Internet" means the combination of computer systems or networks 09 that make up the international network for interactive communications services, 10 including remote logins, file transfer, electronic mail, and newsgroups; 11 (3) "Internet or online service provider" means an interactive computer 12 service that provides software or other material that enables a person to transmit, 13 receive, display, forward, cache, search, subset, organize, reorganize, or translate 14 content; select or analyze content; or allow or disallow content; 15 (4) "mark" means a registered trademark, registered service mark, or 16 registered domain name in an Internet website address that is owned, licensed, or 17 lawfully used by a person doing business in this state; 18 (5) "pop-up advertisement" means material offering for sale or 19 advertising the availability or quality of a property, good, or service that is displayed 20 on a user's computer screen, without any request or consent of the user, separate from 21 an Internet website that a user intentionally accesses; 22 (6) "spyware" 23 (A) means software on the computer of a user who resides in 24 the state that 25 (i) collects information about an Internet website at the 26 time the Internet website is being viewed in the state, unless the 27 Internet website is the Internet website of the person who provides the 28 software; and 29 (ii) uses the information collected contemporaneously 30 to display a pop-up advertisement on the computer; 31 (B) does not mean
01 (i) an Internet website; 02 (ii) a service operated by an Internet or online service 03 provider accessed by a user; 04 (iii) software designed and installed primarily to 05 prevent, diagnose, detect, or resolve technical difficulties or prevent 06 fraudulent activities; 07 (iv) software designed and installed to protect the 08 security of the user's computer from unauthorized access or alteration; 09 (v) software or data that reports information to an 10 Internet website previously stored by the Internet website on the user's 11 computer, including a cookie; in this sub-subparagraph, "cookie" 12 means a text file that is placed on a computer to record information that 13 can be read or recognized when the user of the computer later accesses 14 a particular Internet website, online location, or online service by an 15 interactive computer service, Internet website, or a third party acting on 16 behalf of an interactive computer service or an Internet website; 17 (vi) software that provides the user with the capability 18 to search the Internet; 19 (vii) software installed on the user's computer with the 20 consent of the user the primary purpose of which is to prevent access to 21 certain Internet content; 22 (7) "user" means the owner or authorized user of a computer. 23 * Sec. 4. AS 45.50.471(b) is amended by adding a new paragraph to read: 24 (51) violating AS 45.45.792 (deceptive acts or practices relating to 25 spyware). 26 * Sec. 5. The uncodified law of the State of Alaska is amended by adding a new section to 27 read: 28 APPLICABILITY. Sections 1 and 2 of this Act apply to offenses occurring on or 29 after the effective date of this Act.