HOUSE BILL No. 1803
DIGEST OF INTRODUCED BILL
Citations Affected: IC 24-4.8.
Synopsis: Spyware. Removes applicability exceptions in spyware
laws. Repeals provisions authorizing a provider of computer software,
the owner of a web site, or the owner of a trademark to bring a civil
action against a person who violates spyware laws.
Effective: July 1, 2007.
January 26, 2007, read first time and referred to Committee on Technology, Research and
First Regular Session 115th General Assembly (2007)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type
, and deletions will appear in
this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type
. Also, the
will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type
this style type
between statutes enacted by the 2006 Regular Session of the General Assembly.
HOUSE BILL No. 1803
A BILL FOR AN ACT to amend the Indiana Code concerning trade
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 24-4.8-1-11; (07)IN1803.1.1. -->
SECTION 1. IC 24-4.8-1-11, AS ADDED BY P.L.115-2005,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2007]: Sec. 11.
(a) Except as provided in subsection (b),
"Transmit" means to transfer, send, or otherwise make available
computer software or a computer software component through a
network, the Internet, a wireless transmission, or any other medium,
including a disk or data storage device.
(b) "Transmit" does not include an action by a person who provides:
(1) the Internet connection, telephone connection, or other means
of connection for an owner or operator, including a compact disc
or DVD on which computer software to establish or maintain a
connection is made available;
(2) the storage or hosting of computer software or an Internet web
page through which the computer software was made available;
(3) an information location tool, including a directory, an index,
a reference, a pointer, or a hypertext link, through which the
owner or operator of the computer located the software;
unless the person receives a direct economic benefit from the execution
of the computer software.
SECTION 2. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2007]: IC 24-4.8-2-1; IC 24-4.8-3.