Sec. 102. Unauthorized manipulation of Internet traffic on a user’s computer
438 words·~2 min read·
/bill/113/s/1995/is/section-102A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section, the term protected computer has the meaning given the term in section 1030(e)(2) of title 18, United States Code. Unless a service provider provides a clear and conspicuous disclosure of data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer, and obtains the consent of an authorized user of the protected computer prior to any such action, it shall be unlawful for a service provider to knowingly or intentionally— bypass the display of search engine results and redirect web searches or queries entered by an authorized user of a protected computer directly to a commercial website, counterfeit web page, or targeted advertisement and derive an economic benefit from such activity; or monitor, manipulate, aggregate, and market the data collected in the process of intercepting a web search or query entered by an authorized user of a protected computer and derive an economic benefit from such activity.
A service provider may not require consent to perform the collection of data described in paragraph
(1)as a condition of providing service to an authorized user of the protected computer. The restrictions imposed under this section do not apply to any monitoring of, or interaction with, a subscriber's Internet or other network connection or service, or a protected computer, by or at the direction of a telecommunications carrier, cable operator, computer hardware or software provider, financial institution or provider of information services or interactive computer service for— network or computer security purposes; diagnostics; technical support; repair; network management; authorized updates of software or system firmware; authorized remote system management; authorized provision of protection for users of the computer from objectionable content; authorized scanning for computer software used in violation of this section for removal by an authorized user; or detection or prevention of fraud. Any person who engages in an activity in violation of this section shall be fined not more than $500,000. Any person who engages in a pattern or practice of activity that violates the provisions of this section shall be fined not more than $1,000,000. For purposes of subparagraph (A), any single action or conduct that violates this section with respect to multiple protected computers shall be construed as a single violation. In determining the amount of any penalty under paragraph
(1)or (2), the court shall take into account— the degree of culpability of the defendant; any history of prior such conduct; the ability of the defendant to pay any fine imposed; the effect on the ability of the defendant to continue to do business; and such other matters as justice may require.