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Texas Business & Commerce Code - Section 48.052. Unauthorized Access To Or Modifications Of Computer Settings; Computer Damage

Legal Research Home > Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 48.052. Unauthorized Access To Or Modifications Of Computer Settings; Computer Damage

§ 48.052. UNAUTHORIZED ACCESS TO OR MODIFICATIONS OF 
COMPUTER SETTINGS;  COMPUTER DAMAGE.  If a person is not the owner 
or operator of the computer, the person may not knowingly cause 
computer software to be copied to a computer in this state and use 
the software to:
		(1)  modify, through intentionally deceptive means, a 
setting that controls:
			(A)  the page that appears when an Internet 
browser or a similar software program is launched to access and 
navigate the Internet;
			(B)  the default provider or web proxy used to 
access or search the Internet;  or
			(C)  a list of bookmarks used to access web pages;                           
		(2)  take control of the computer by:                                         
			(A)  accessing or using the computer's modem or 
Internet service to:       
				(i)  cause damage to the computer;                                          
				(ii)  cause the owner or operator of the 
computer to incur financial charges for a service not previously 
authorized by the owner or operator;  or
				(iii)  cause a third party affected by the 
conduct to incur financial charges for a service not previously 
authorized by the third party;  or
			(B)  opening, without the consent of the owner or 
operator of the computer, an advertisement that:
				(i)  is in the owner's or operator's Internet 
browser in a multiple, sequential, or stand-alone form;  and
				(ii)  cannot be closed by an ordinarily 
reasonable person using the computer without closing the browser or 
shutting down the computer;
		(3)  modify settings on the computer that relate to 
access to or use of the Internet and protection of information for 
purposes of stealing personally identifiable information of the 
owner or operator of the computer;  or
		(4)  modify security settings on the computer relating 
to access to or use of the Internet for purposes of causing damage 
to one or more computers.

Added by Acts 2005, 79th Leg., ch. 298, § 1, eff. Sept. 1, 2005.           

Last modified: August 10, 2007