Florida Senate - 2009 COMMITTEE AMENDMENT Bill No. CS for SB 164 Barcode 142094 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/18/2009 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Ring) recommended the following: 1 Senate Amendment 2 3 Delete lines 289 - 321 4 and insert: 5 815.055 Exceptions.—Sections 815.051 and 815.053 do not: 6 (1) Apply to the monitoring of, or interaction with, an 7 owner's or an operator’s Internet or other network connection, 8 service, or computer by a telecommunications carrier, cable 9 operator, computer hardware or software provider, or provider of 10 information service or interactive computer service for purposes 11 of network or computer security, diagnostics, technical support, 12 maintenance, repair, network management, authorized updates of 13 computer software or system firmware, authorized remote system 14 management, or detection or prevention of the unauthorized use 15 of, or fraudulent or other illegal activities in connection 16 with, a network, service, or computer software, including 17 scanning for and removing computer software proscribed under 18 this chapter. 19 (2) Impose liability on any communications service 20 providers as defined in s. 202.11(2),commercial mobile service 21 providers, or providers of information services, including, but 22 not limited to, Internet access service providers and hosting 23 service providers, if they provide the transmission, storage, or 24 caching of electronic communications or messages of others or 25 provide other related telecommunications, commercial mobile 26 radio service, or information services used by others in 27 violation of this chapter. This exemption from liability is 28 consistent with and in addition to any liability exemption 29 provided under 47 U.S.C. s. 230. 30 (3) Prohibit or criminalize the use of software by parents 31 or guardians to monitor Internet or computer usage of their 32 minor children. 33 34 This section does not provide a defense to liability under the 35 common law or any other state or federal law, and may not be 36 construed to be an affirmative grant of authority to engage in 37 any of the activities listed in this section.