1. Is installed without a user's explicit knowledge or explicit consent.

2. Uploads information without a user's explicit knowledge or explicit consent.

3. Uploads, associates, or appears to or is readily capable of associating uploaded information with personally-identifiable information, such as registration information or data collected from third-party sources, without a user's explicit knowledge or explicit consent.

The "user" is defined as any person or entity who may use a particular computer on which the alleged spyware, adware, surveillance tool, or code is installed.