24th Legislature(2005-2006)

Bill Text 24th Legislature


00 Enrolled SB 140                                                                                                         
01 Relating to computers, computer communications, and the Internet.                                                       
02                           _______________                                                                               
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.                                                                                   
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