Rep. Sidney H. Mathias

Filed: 4/3/2006

 

 


 

 


 
09400SB3036ham001 LRB094 18891 LJB 57644 a

1
AMENDMENT TO SENATE BILL 3036

2     AMENDMENT NO. ______. Amend Senate Bill 3036 on page 2,
3 immediately below line 3, by inserting the following:
4     ""Deceptive" means a representation or other practice that
5 is likely to mislead a consumer acting reasonably under the
6 circumstances to the consumer's detriment."; and
 
7 on page 4, line 16, by deleting "intentionally"; and
 
8 on page 4, line 25, by deleting "intentionally"; and
 
9 on page 5, line 7, by deleting "intentionally"; and
 
10 on page 6, line 12, by deleting "intentionally"; and
 
11 on page 6, line 18, by replacing "Intentionally misrepresent"
12 with "Misrepresent"; and
 
13 on page 6, line 22, by deleting "intentionally"; and
 
14 on page 7, line 1, by deleting "intentionally"; and
 
15 on page 7, line 2, by deleting "intentionally"; and
 
16 on page 7, line 17, by deleting "intentionally"; and
 

 

 

09400SB3036ham001 - 2 - LRB094 18891 LJB 57644 a

1 on page 7, line 27, by deleting "intentionally"; and
 
2 on page 10, immediately below line 8, by inserting the
3 following:
 
4     "Section 55. Good samaritan.
5     (a) No provider of computer software or of an interactive
6 computer service may be held liable for identifying, naming,
7 removing, disabling, or otherwise affecting computer software
8 though any action voluntarily undertaken or service provided if
9 the provider:
10         (1) intends to identify accurately, prevent the
11     installation or execution of, remove, or disable computer
12     software on the computer of a customer of the provider;
13         (2) reasonably believes the computer software exhibits
14     behavior that violates this Act; and
15         (3) before taking the action or providing the service,
16     notifies an owner or operator of a computer and obtains
17     consent before undertaking the action or providing the
18     service.
19     (b) A provider of computer software or interactive computer
20 service is entitled to protection under this Section only if
21 the provider:
22         (1) has established internal practices and procedures
23     to evaluate computer software reasonably designed to
24     determine whether or not computer software exhibits
25     behavior that violates this Act; and
26         (2) has established a process for managing disputes and
27     inquiries regarding misclassification or false positive
28     identifications of computer software programs.
29     (c) Nothing in this Section is intended to limit the
30 ability of the Attorney General or a State's Attorney to bring
31 an action against a provider of computer software or of an
32 interactive computer service.".