13-5a-102. Definitions.

252 words·~1 min read·/ut/title-13/chapter-5a/13-5a-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As used in this chapter:

(1)"Control" means:

(a)ownership of more than 5% of the voting shares or ownership interests of an entity;

(b)the power to vote more than 5% of the voting shares of an entity; or

(c)the ability to influence the management of an entity.

(2)"Depository institution" is as defined in Section 7-1-103 .

(3)"Malicious cyber activity" means:

(a)the unlawful use of computing resources to intimidate or coerce others;

(b)accessing a computer without authorization or exceeding authorized access;

(c)willfully communicating, delivering, or causing the transmission of a program, information, code, or command without authorization or exceeding authorized access; and

(d)intentionally or recklessly:

(i)intends to defraud or materially cause damage or disruption to any computing resources or to the owner of any computing resources; or

(ii)intends to materially cause damage or disruption to any computing resources indirectly through another party's computing resources.

(a)Except as provided in Subsection (4)(b) , "unfair competition" means an intentional business act or practice that:

(A)is unlawful, unfair, or fraudulent; and

(B)leads to a material diminution in value of intellectual property; and

(ii)is one of the following:

(A)malicious cyber activity;

(B)infringement of a patent, trademark, or trade name;

(C)a software license violation; or

(D)predatory hiring practices.

(b)Notwithstanding Subsection (4)(a) , "unfair competition" does not include the departure and hiring of an employee by a competitor.

Amended by Chapter 340 , 2011 General Session