2006 Utah Code - 13-40-102 — Definitions.

     13-40-102.   Definitions.
     As used in this chapter:
     (1) "Cookie" means a text file:
     (a) that is placed on a computer by:
     (i) an interactive computer service;
     (ii) an Internet website; or
     (iii) a third party acting on behalf of:
     (A) an interactive computer service; or
     (B) an Internet website; and
     (b) the function of which is to record information that can be read or recognized when the user of the computer later accesses a particular:
     (i) Internet website;
     (ii) online location; or
     (iii) online service.
     (2) "Division" means the Division of Consumer Protection in the Department of Commerce.
     (3) "Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including:
     (a) an Internet or online service provider; or
     (b) a service or system providing access to the Internet, including a system operated by a library or educational institution.
     (4) "Internet" is as defined in the Internet Tax Freedom Act, Pub. L. No. 105-277.
     (5) "Internet or online service provider" means an interactive computer service that provides software or other material that enables a person to:
     (a) transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content;
     (b) select or analyze content; or
     (c) allow or disallow content.
     (6) "Mark" means a registered trademark, registered service mark, or registered domain name in an Internet website address that is owned, licensed, or lawfully used by a person doing business in this state.
     (7) "Pop-up advertising" means material:
     (a) offering for sale or advertising the availability or quality of a commercial property, good, or service; and
     (b) that is displayed:
     (i) separate from an Internet website;
     (ii) as a result of a user accessing an Internet website;
     (iii) in a manner that covers paid advertising or other content on an Internet website in a way that interferes with the user's ability to view the advertising or other content that the user attempted to originally access; and
     (iv) without the authority of the operator of the Internet website.
     (8) (a) Except as provided in Subsection (8)(b), "spyware" means software on the computer of a user who resides in this state that:
     (i) collects information about an Internet website at the time the Internet website is being

viewed in this state, unless the Internet website is the Internet website of the person who provides the software; and
     (ii) uses the information described in Subsection (8)(a)(i) contemporaneously to display pop-up advertising on the computer.
     (b) "Spyware" does not include:
     (i) an Internet website;
     (ii) a service operated by an Internet or online service provider accessed by a user;
     (iii) software designed and installed primarily to:
     (A) prevent, diagnose, or resolve technical difficulties;
     (B) detect or prevent fraudulent activities; or
     (C) protect the security of the user's computer from unauthorized access or alteration;
     (iv) software or data that reports information to an Internet website previously stored by the Internet website on the user's computer, including cookies;
     (v) software that provides the user with the capability to search the Internet; or
     (vi) software installed with the consent of a user whose primary purpose is to prevent access to certain Internet content.
     (9) "User" means the owner or authorized user of a computer.

Amended by Chapter 168, 2005 General Session