IN GENERAL.
9 A PERSON OR ENTITY SHALL NOT, WITH ACTUAL KNOWLEDGE, WITH CONSCIOUS
10 AVOIDANCE OF ACTUAL KNOWLEDGE, OR WILLFULLY, CAUSE COMPUTER SOFTWARE TO
11 BE COPIED ONTO THE COMPUTER OF A CONSUMER IN THIS STATE AND USE THE
12 SOFTWARE TO ACCESS, HIJACK, OR USE THE CONSUMER`S MODEM OR INTERNET
13 SERVICE FOR THE PURPOSE OF CAUSING AN AUTHORIZED USER OR A THIRD PARTY
14 AFFECTED BY SUCH CONDUCT TO INCUR FINANCIAL CHARGES FOR A SERVICE THAT
15 IS NOT AUTHORIZED BY THE OWNER OR AN AUTHORIZED USER OF THE COMPUTER.
ENFORCEMENT.
17 (A) THE ATTORNEY GENERAL MAY BRING A CIVIL ACTION AGAINST ANY PERSON
18 WHO VIOLATES THIS ARTICLE TO ENFORCE THE VIOLATION AND MAY RECOVER ANY
19 OR ALL OF THE FOLLOWING:
20 (1)(A) A CIVIL PENALTY OF ONE HUNDRED DOLLARS PER VIOLATION OF THIS
21 ARTICLE, OR
22 (B) UP TO THREE HUNDRED THOUSAND DOLLARS FOR A PATTERN OR PRACTICE OF
23 SUCH VIOLATIONS;
24 (2) COSTS AND REASONABLE ATTORNEYS` FEES; AND
25 (3) AN ORDER TO ENJOIN THE VIOLATION.
1 (B) IN THE CASE OF A VIOLATION OF SECTION SEVENTEEN HUNDRED OF THIS
2 ARTICLE THAT CAUSES A TELECOMMUNICATIONS CARRIER TO INCUR COSTS FOR THE
3 ORIGINATION, TRANSPORT, OR TERMINATION OF A CALL TRIGGERED USING THE
4 MODEM OF A CUSTOMER OF SUCH TELECOMMUNICATIONS CARRIER AS A RESULT OF
5 SUCH VIOLATION, THE TELECOMMUNICATIONS CARRIER MAY BRING A CIVIL ACTION
6 AGAINST THE VIOLATOR TO RECOVER ANY OR ALL OF THE FOLLOWING:
7 (1) THE CHARGES SUCH CARRIER IS OBLIGATED TO PAY TO ANOTHER CARRIER OR
8 TO AN INFORMATION SERVICE PROVIDER AS A RESULT OF THE VIOLATION, INCLUD-
9 ING BUT NOT LIMITED TO CHARGES FOR THE ORIGINATION, TRANSPORT, OR TERMI-
10 NATION OF THE CALL;
11 (2) COSTS OF HANDLING CUSTOMER INQUIRIES OR COMPLAINTS WITH RESPECT TO
12 AMOUNTS BILLED FOR SUCH CALLS;
13 (3) COSTS AND REASONABLE ATTORNEYS` FEES; AND
14 (4) AN ORDER TO ENJOIN THE VIOLATION.
DEFINITIONS.
16 FOR THE PURPOSES OF THIS ARTICLE:
17 (A) THE TERM "HIJACK", WITH RESPECT TO A MODEM, SHALL MEAN TAKING
18 CONTROL OF THE MODEM OF A USER`S COMPUTER TO INITIATE A TOLL TELEPHONE
19 CALL VIA A TELECOMMUNICATIONS NETWORK.
20 (B) THE TERM "AUTHORIZED USER" WITH RESPECT TO A COMPUTER, MEANS A
21 PERSON WHO IS AUTHORIZED BY THE OWNER OR LESSEE TO USE THE COMPUTER. AN
22 "AUTHORIZED USER" DOES NOT INCLUDE A PERSON OR ENTITY THAT HAS OBTAINED
23 AUTHORIZATION TO USE THE COMPUTER SOLELY BY MEANS OF AN END USER LICENSE
24 AGREEMENT.