Section 16-9-151. Definitions

   As used in this article, the term:

   (1) "Advertisement" means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet website operated for a commercial purpose.

   (2) "Authorized user," with respect to a computer, means a person who owns or is authorized by the owner or lessee to use the computer.

   (3) "Cause to be copied" means to distribute or transfer computer software or any component thereof. Such term shall not include providing:

      (A) Transmission, routing, provision of intermediate temporary storage, or caching of software;

      (B) A storage medium, such as a compact disk, website, or computer server, through which the software was distributed by a third party; or

      (C) An information location tool, such as a directory, index, reference, pointer, or hypertext link, through which the user of the computer located the software.

   (4) "Computer software" means a sequence of instructions written in any programming language that is executed on a computer. Such term shall not include a text or data file, a web page, or a data component of a web page that is not executable independently of the web page.

   (5) "Computer virus" means a computer program or other set of instructions that is designed to degrade the performance of or disable a computer or computer network and is designed to have the ability to replicate itself on other computers or computer networks without the authorization of the owners of those computers or computer networks.

   (6) "Consumer" means an individual who resides in this state and who uses the computer in question primarily for personal, family, or household purposes.

   (6.1) "Covered file-sharing program" means a computer program, application, or software that enables the computer on which such program, application, or software is installed to designate files as available for searching by and copying to one or more other computers, to transmit such designated files directly to one or more other computers, and to request the transmission of such designated files directly from one or more other computers. Covered file-sharing program does not mean a program, application, or software designed primarily to operate as a server that is accessible over the Internet using the Internet Domain Name System, to transmit or receive e-mail messages, instant messaging, real-time audio or video communications, or real-time voice communications, to provide network or computer security, network management, hosting and backup services, maintenance, diagnostics, or technical support or repair, or to detect or prevent fraudulent activities.

   (7) "Damage" means any significant impairment to the integrity or availability of data, software, a system, or information.

   (8) "Execute," when used with respect to computer software, means the performance of the functions or the carrying out of the instructions of the computer software.

   (9) "Intentionally deceptive" means any of the following:

      (A) By means of an intentionally and materially false or fraudulent statement;

      (B) By means of a statement or description that intentionally omits or misrepresents material information in order to deceive the consumer; or

      (C) By means of an intentional and material failure to provide any notice to an authorized user regarding the download or installation of software in order to deceive the consumer.

   (10) "Internet" means the global information system that is logically linked together by a globally unique address space based on the Internet Protocol or its subsequent extensions; that is able to support communications using the Transmission Control Protocol/Internet Protocol suite, its subsequent extensions, or other Internet Protocol compatible protocols; and that provides, uses, or makes accessible, either publicly or privately, high level services layered on the communications and related infrastructure described in this paragraph.

   (11) "Person" means any individual, partnership, corporation, limited liability company, or other organization, or any combination thereof.

   (12) "Personally identifiable information" means any of the following:

      (A) A first name or first initial in combination with a last name;

      (B) Credit or debit card numbers or other financial account numbers;

      (C) A password or personal identification number required to access an identified financial account;

      (D) A social security number; or

      (E) Any of the following information in a form that personally identifies an authorized user:

         (i) Account balances;

         (ii) Overdraft history;

         (iii) Payment history;

         (iv) A history of websites visited;

         (v) A home address;

         (vi) A work address; or

         (vii) A record of a purchase or purchases.

Code 1981, § 16-9-151, enacted by Ga. L. 2005, p. 1241, § 1/SB 127; Ga. L. 2006, p. 72, § 16/SB 465; Ga. L. 2010, p. 312, § 1/SB 470.