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12. 5. (1) The department shall adopt rules to provide a procedure that is reasonably designed to assure that only a person authorized to do business in the Commonwealth or having a permitted vendor’s permit can install software on or modify a computer of a permitted vendor for the purpose of making, modifying, or otherwise interfering with the operation of the computer’s monitoring system. The rules shall provide that a contractor is an agent of an entity or person for the purpose of the installation, modification, or operation of the software installed on a computer of that entity or person if the contractor knows or reasonably should know that the entity or person may be a party to a contract with a developer or manufacturer of such software. For the purpose of this subsection, a person shall be an agent of an entity or person if he is an employee of the entity or person. A contractor shall be an agent of an entity or person if he is employed by a common or trade name of the entity or person. A contractor shall be an agent of an entity or person if he is employed by an independent service company that is an agent of the entity or person. A contractor shall not be an agent of an entity or person if he is an independent contractor. The department shall adopt rules to prohibit an agent of an entity or person from installing or modifying software on a computer of the entity or person without the knowledge and authorization of the entity or person to whom he is an agent.
With the increasing sophistication of malware targeting the wider market, protecting computer users from malware attacks is becoming increasingly difficult. From Trojans to the lesser-known and often used remote administration tools, the latest salvo of malware has a wide variety of attacks, even in the open market. There are two main types of attacks, targeted attacks and broad-spectrum attacks. Targeted attacks are performed by a particular group of people and are usually conducted in order to acquire something such as banking credentials or other personal information. These attacks are generally narrow in scope, with the exception of those targeting the payment system on a particular website. For instance, it’s easy to spread malware, such as Trojans and exploit kits, that infect end-users’ computers when they visit a particular website. This allows malware writers to spread their wares by being one of many visitors to a particular website. Any site that becomes popular quickly becomes a focus for attackers looking to be a part of this type of attack. Another reason for targeted attacks is to perform ‘phishing’ – the practice of masquerading as a legitimate business in order to acquire login credentials. The most effective of these attacks are those that use social engineering: techniques to trick someone into divulging information. For example, a letter may be sent to a person purporting to be from a bank or other financial institution. This letter usually includes an urgent warning that your account is about to be closed. The recipient is enticed to click on a link to a fake website that tells him or her that all of his or her data has been encrypted and all that is needed to access it is a password. Once this has been submitted, the fake website collects the passwords and other data and sends it to the malware writer. Because the victim is tricked into thinking that their account has been compromised, the malware writer is in a position to impersonate that user, perform the attack, and then delete the account. Attacks that are not so narrow in scope are deemed to be broad-spectrum attacks. These attacks are not directed to a particular user or organization. Instead, they are a generic attack on a particular area of the internet, such as the banking sector or any related web activity. Botnets and targeted malware are examples of this type of attack. Botnets are collections of computers, each infected with malware that allows the botmaster to control the computer remotely. The botmaster might use it to monitor user activity in order to discover personal information or for other malicious purposes. The point of the botnet is to use the computers to contribute to the overall attack.
G. The court shall determine a specific period of time for the use of the remote alcohol monitoring device. However, the court shall require the offender to be enrolled in and supervised by the ASAP program for a minimum of one year.
If the court determines that the offender has been enrolled in the ASAP program for at least one year, the court may lift the mandate to use the remote alcohol monitoring device, so long as the offender has been enrolled in the ASAP program for at least one year. If the court determines that the offender is not enrolled in and is not participating in the ASAP program for a minimum of one year, the court may require the offender to install and activate a remote alcohol monitoring device within 30 days.
K. If the court orders the offender to install and use a remote alcohol monitoring device for a period of time shorter than one year, the court shall specify a longer period of time for which the offender is to install and use such device.
L. If, prior to the expiration of the one-year period ordered in subparagraph K of this subsection, the offender has not been enrolled in and is not participating in the ASAP program, the court may lift such requirement, provided, however, that the court may require the offender to install and use a remote alcohol monitoring device for a period of time no less than the period under 18.2-270.2 required by subparagraph A of this subsection. Upon release from incarceration the offender shall install and use such device for a period of one year.
M. The Program shall automatically retain, or the court shall retain, the data generated from the ignition interlock system to demonstrate compliance with the provisions of subparagraphs A through H of this section for at least five years from the date the offender’s driving privilege was restored. Such data may be reviewed and used by the Court Monitor, the offender, the Division of Motor Vehicles, the Department of Behavioral Health and Developmental Services, and the Commission to monitor and evaluate the effectiveness of the program. The offender shall be required to provide the court with a copy of such retained data within 45 days of restoration of the driver’s license under 18.