Introduced Version




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 Development.


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 word NEW 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 or this style type reconciles conflicts between statutes enacted by the 2006 Regular Session of the General Assembly.


    A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

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; or
        (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.