Arkansas - Improper Use of Computer Spyware - H.B.2904 Passed, April 2005.

AN ACT TO PROTECT CONSUMERS FROM THE IMPROPER USE OF COMPUTER SPYWARE; AND FOR OTHER PURPOSES.

4-110-101. Short title.

This subchapter shall be known and cited as the "Consumer Protection Against Computer Spyware Act".

4-110-103. Unlawful acts — Exceptions.

(a) A person that is not an authorized user shall not with actual knowledge, with conscious avoidance of actual knowledge, or willfully cause computer software to be copied onto any computer in this state and use the software to:

 (2) Collect, through intentionally deceptive means, personally identifiable information about the authorized user that:

(A) Is collected through the use of a keystroke-logging function that records all keystrokes made by an authorized user that uses the computer and transmits the information from the computer to another person;

(B) Includes all or substantially all of the Internet addresses visited by an authorized user, other than Internet addresses of the provider of the software, if the computer software was installed in an intentionally deceptive manner to conceal from all authorized users of the computer the fact that the software is being installed;

(C) Is extracted from a computer hard drive for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user; or

(D) Is collected by extracting screen shots of an  authorized user’s use of the computer for a purpose wholly unrelated to any of the purposes of the software or service as described to the authorized user;

 (3) Prevent without authorization from the authorized user through intentionally deceptive means an authorized user's reasonable efforts to block the installation of or disable software by causing software that the authorized user has properly removed or disabled to automatically reinstall or reactivate on the computer without the authorization of an authorized user;

 (4) Intentionally misrepresent that software will be uninstalled or disabled by an authorized user's action, with knowledge that the software will not be uninstalled or disabled; or

(5) Through intentionally deceptive means remove, disable, or render inoperative security, antispyware, or antivirus software installed on the computer.

(b) A person that is not an authorized user shall not with actual knowledge, with conscious avoidance of actual knowledge, or willfully:

 (1) Cause computer software to be copied onto any computer in this state and use the software to take control of a computer by:

 (A) Transmitting or relaying without the authorization of  an authorized user commercial electronic mail or a computer virus from the consumer's computer;

 (5) Intentionally interfere with an authorized user’s attempt to

uninstall the software by:

 (A) Leaving behind without authorization on the authorized user’s computer for the purpose of evading an authorized user's attempt to remove the software from the computer hidden elements of the software that are designed to and will reinstall the software or portions of the software;

 (D) Changing the name, location, or other designation information of the software for the purpose of preventing an authorized user from locating the software to remove it;

 (E) Using randomized or intentionally deceptive file names, directory folders, formats, or registry entries for the purpose of avoiding detection and removal of the software by an authorized user;

 (F) Causing the installation of software in a particular computer directory or computer memory for the purpose of evading an authorized user's attempt to remove the software from the computer;