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Business and Professions Code - BPC - BPC § 22947
Business and Professions Code - BPC - BPC § 22947
This chapter shall be known as and may be cited as the Consumer Protection Against Computer Spyware Act.
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Business and Professions Code - BPC - BPC § 22947.1
Business and Professions Code - BPC - BPC § 22947.1
For purposes of this chapter, the following terms have the following meanings: (a) “Advertisement” means a communication, the primary purpose of which is the commercial promotion of a commercial product or service, including content on an Internet Web site operated for a commerci
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Business and Professions Code - BPC - BPC § 22947.2
Business and Professions Code - BPC - BPC § 22947.2
A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software
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Business and Professions Code - BPC - BPC § 22947.3
Business and Professions Code - BPC - BPC § 22947.3
A person or entity that is not an authorized user, as defined in Section 22947.1, shall not, with actual knowledge, with conscious avoidance of actual knowledge, or willfully, cause computer software to be copied onto the computer of a consumer in this state and use the software
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Business and Professions Code - BPC - BPC § 22947.4
Business and Professions Code - BPC - BPC § 22947.4
(a) A person or entity, who is not an authorized user, as defined in Section 22947.1, shall not do any of the following with regard to the computer of a consumer in this state: (1) Induce an authorized user to install a software component onto the computer by intentionally misrep
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Business and Professions Code - BPC - BPC § 22947.5
Business and Professions Code - BPC - BPC § 22947.5
It is the intent of the Legislature that this chapter is a matter of statewide concern. This chapter supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by a city, county, city and county, municipality, or local agency regarding spyware and n
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Business and Professions Code - BPC - BPC § 22947.6
Business and Professions Code - BPC - BPC § 22947.6
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.
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Business and Professions Code - BPC - BPC § 22948
Business and Professions Code - BPC - BPC § 22948
This chapter shall be known and may be cited as the Anti-Phishing Act of 2005.
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Business and Professions Code - BPC - BPC § 22948.1
Business and Professions Code - BPC - BPC § 22948.1
For the purposes of this chapter, the following terms have the following meanings: (a) “Electronic mail message” means a message sent to a unique destination, commonly expressed as a string of characters, consisting of a unique user name or mailbox (commonly referred to as the “l
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Business and Professions Code - BPC - BPC § 22948.2
Business and Professions Code - BPC - BPC § 22948.2
It shall be unlawful for any person, by means of a Web page, electronic mail message, or otherwise through use of the Internet, to solicit, request, or take any action to induce another person to provide identifying information by representing itself to be a business without the
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Business and Professions Code - BPC - BPC § 22948.20
Business and Professions Code - BPC - BPC § 22948.20
(a) A person or entity shall not provide the operation of a voice recognition feature within this state without prominently informing, during the initial setup or installation of a connected television, either the user or the person designated by the user to perform the initial s
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Business and Professions Code - BPC - BPC § 22948.21
Business and Professions Code - BPC - BPC § 22948.21
For purposes of this chapter, the following definitions shall apply: (a) “Connected television” means a video device designed for home use to receive television signals and reproduce them on an integrated, physical screen display that exceeds 12 inches, except that this term shal
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Business and Professions Code - BPC - BPC § 22948.22
Business and Professions Code - BPC - BPC § 22948.22
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
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Business and Professions Code - BPC - BPC § 22948.23
Business and Professions Code - BPC - BPC § 22948.23
(a) Actions for relief pursuant to this chapter may be prosecuted exclusively in a court of competent jurisdiction in a civil action brought in the name of the people of the State of California by the Attorney General or by any district attorney. This chapter shall not be deemed
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Business and Professions Code - BPC - BPC § 22948.24
Business and Professions Code - BPC - BPC § 22948.24
The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the state.
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Business and Professions Code - BPC - BPC § 22948.25
Business and Professions Code - BPC - BPC § 22948.25
The provisions of this chapter are severable. If any provision of this chapter or its application are held to be invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
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Business and Professions Code - BPC - BPC § 22948.3
Business and Professions Code - BPC - BPC § 22948.3
(a) The following persons may bring an action against a person who violates or is in violation of Section 22948.2: (1) A person who (A) is engaged in the business of providing Internet access service to the public, owns a Web page, or owns a trademark, and (B) is adversely affect
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Business and Professions Code - BPC - BPC § 22948.30
Business and Professions Code - BPC - BPC § 22948.30
For purposes of this chapter, the following definitions apply: (a) “Account manager” means a person or entity that provides an individual an internet-based or app-based user account, or a third party that manages those user accounts on behalf of that person or entity, that has au
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Business and Professions Code - BPC - BPC § 22948.31
Business and Professions Code - BPC - BPC § 22948.31
(a) A survivor, or a designated representative of a survivor, may submit a device protection request to an account manager seeking to terminate a perpetrator’s access to a connected device or associated user account. (b) A device protection request shall include all of the follow
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Business and Professions Code - BPC - BPC § 22948.32
Business and Professions Code - BPC - BPC § 22948.32
(a) (1) An account manager that fails to deny a perpetrator access in compliance with subdivision (a) of Section 22948.31 or otherwise does not comply with the requirements described in Section 22948.31 shall be deemed in violation of this chapter. (2) A perpetrator that maintain
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Business and Professions Code - BPC - BPC § 22948.33
Business and Professions Code - BPC - BPC § 22948.33
Any waiver of the provisions of this chapter is contrary to public policy and void and unenforceable.
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Business and Professions Code - BPC - BPC § 22948.34
Business and Professions Code - BPC - BPC § 22948.34
(a) The duties and obligations imposed by this chapter are cumulative with any other duties or obligations imposed under other law, and shall not be construed to relieve any party from any duties or obligations imposed under other law. (b) The remedies or penalties provided by th
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Business and Professions Code - BPC - BPC § 22948.35
Business and Professions Code - BPC - BPC § 22948.35
Notwithstanding any other provision of this chapter, any entity that is subject to the federal Safe Connections Act of 2022 (Public Law 117-223) or regulations of the Federal Communications Commission adopted pursuant to the authority of that law, shall not be subject to this cha
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Business and Professions Code - BPC - BPC § 22948.36
Business and Professions Code - BPC - BPC § 22948.36
Notwithstanding any other provision of this chapter, an entity that is subject to Chapter 6 (commencing with Section 28200) of Division 12 of the Vehicle Code shall not be subject to this chapter.
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Business and Professions Code - BPC - BPC § 22948.37
Business and Professions Code - BPC - BPC § 22948.37
The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.