2006 Utah Code - 13-5a-102 — Definitions.

     13-5a-102.   Definitions.
     As used in this chapter:
     (1) "Control" means:
     (a) ownership of more than 5% of the voting shares or ownership interests of an entity;
     (b) the power to vote more than 5% of the voting shares of an entity; or
     (c) the ability to influence the management of an entity.
     (2) "Cyber-terrorism" means:
     (a) the unlawful use of computing resources to intimidate or coerce others;
     (b) accessing a computer without authorization or exceeding authorized access;
     (c) willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access;
     (d) intentionally or recklessly:
     (i) intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or
     (ii) intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.
     (3) "Depository institution" is as defined in Section 7-1-103.
     (4) (a) Except as provided in Subsection (4)(b), "unfair competition" means an intentional business act or practice that:
     (i) (A) is unlawful, unfair, or fraudulent; and
     (B) leads to a material diminution in value of intellectual property; and
     (ii) is one of the following:
     (A) cyber-terrorism;
     (B) infringement of a patent, trademark, or trade name;
     (C) a software license violation; or
     (D) predatory hiring practices.
     (b) Notwithstanding Subsection (4)(a), "unfair competition" does not include the departure and hiring of an employee by a competitor.

Enacted by Chapter 372, 2004 General Session