Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 164
       
       
       
       
       
       
                                Barcode 142094                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2009           .                                
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       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.