Inducement to Install, Copy, or Execute Software Through Misrepresentation Prohibited

  1. Law
  2. Georgia Code
  3. Crimes and Offenses
  4. Forgery and Fraudulent Practices
  5. Computer Security
  6. Inducement to Install, Copy, or Execute Software Through Misrepresentation Prohibited

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  1. It shall be illegal for a person or entity that is not an authorized user, as defined in Code Section 16-9-151, of a computer in this state to do any of the following with regard to such computer:
    1. Induce an authorized user to install a software component onto the computer by intentionally misrepresenting that installing software is necessary for security or privacy reasons or in order to open, view, or play a particular type of content;
    2. Deceptively causing the copying and execution on the computer of a computer software component with the intent of causing an authorized user to use the component in a way that violates any other provision of this Code section;
    3. Prevent reasonable efforts to block the installation, execution, or disabling of a covered file-sharing program on the computer; or
    4. Install, offer to install, or make available for installation, reinstallation, or update a covered file-sharing program on the computer without first providing clear and conspicuous notice to the authorized user of the computer showing which files on that computer will be made available to the public, obtaining consent from the authorized user to install the covered file-sharing program, and requiring affirmative steps by the authorized user to activate any feature on the covered file-sharing program that will make files on that computer available to the public. Such notice shall be redisplayed each time a change occurs in the list of files that will be made available to the public.
  2. Nothing in this Code section shall apply to any monitoring of, or interaction with, a user's Internet or other network connection or service, or a protected computer, by a telecommunications carrier, cable operator, computer hardware or software provider, or provider of information service or interactive computer service for network or computer security purposes, diagnostics, technical support, repair, network management, network maintenance, authorized updates of software or system firmware, authorized remote system management, or detection or prevention of the unauthorized use of or fraudulent or other illegal activities in connection with a network, service, or computer software, including scanning for and removing software proscribed under this article.

(Code 1981, §16-9-154, enacted by Ga. L. 2005, p. 1241, § 1/SB 127; Ga. L. 2010, p. 312, § 2/SB 470.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting not required.

- Offenses arising from a violation of subsection (a) of O.C.G.A. § 16-9-154 does not appear to be an offense for which fingerprinting is required. 2010 Op. Att'y Gen. No. 10-6.


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