Privacy Law Library

Consumer Protection Against Computer Spyware Act

Texas Spyware Act

Data security · Other

Prohibits installing software on someone else's computer to deceptively collect personal information through keystroke logging or browsing tracking, hijack settings, or block removal. Private suits are limited to affected software providers, site and trademark owners, carriers, cable operators, and ISPs; botnet victims have a separate action.

Where
Texas
Citation
Tex. Bus. & Com. Code ch. 324 (324.001-324.102)
Status
In force
In force since
2009-04-01
Enforced by
Texas Attorney General; software providers, web page or trademark owners, carriers, cable operators, and ISPs
People can sue
Limited
Penalties
Civil penalty up to $100,000 per violation plus injunctions (324.102); listed businesses may sue for damages (324.101).
Applies to
  • Any person other than the owner or operator of a computer in Texas who causes software to be copied onto it (324.051-324.055)

Practices it requires

  • Do not use software copied onto another's computer to collect personally identifiable information through deceptive keystroke logging or comprehensive browsing tracking, or to cull listed personal data from the hard drive.Tex. Bus. & Com. Code 324.051
  • Do not modify settings, damage the computer, or prevent the owner from blocking or disabling software through deception.Tex. Bus. & Com. Code 324.052-324.053

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.