State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0233

HB2616 Enrolled                                LRB9104846BBpr

    AN ACT in relation to electronic mail.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.   This Act may be cited as the
Electronic Mail Act.

    Section 5. Definitions. As used in this Act:
    "Electronic mail advertisement" means any electronic mail
message, the  principal  purpose  of  which  is  to  promote,
directly  or  indirectly,  the  sale or other distribution of
goods or services to the recipient.
    "Unsolicited electronic  mail  advertisement"  means  any
electronic  mail  advertisement  that  (i)  is addressed to a
recipient with whom the initiator does not have  a  prior  or
existing  business  or  personal relationship and (ii) is not
sent at the request of or with the  express  consent  of  the
recipient.
    "Electronic  mail service provider" means any business or
organization  qualified  to  do  business  in  Illinois  that
provides registered users the  ability  to  send  or  receive
electronic  mail  through equipment located in this State and
that is an intermediary in sending  or  receiving  electronic
mail.
    "Initiation"  of an electronic mail message refers to the
action by the initial sender of the electronic mail  message.
"Initiation" does not refer to the actions of any intervening
electronic   mail   service   provider  that  may  handle  or
retransmit the electronic mail message.
    "Registered user" means any  individual  or  entity  that
maintains  an electronic mail address with an electronic mail
service provider.
    "Electronic mail address" means a  destination,  commonly
expressed as a string of characters, to which electronic mail
may be sent or delivered.
    "Internet  domain  name"  refers  to  a  globally unique,
hierarchical  reference  to  an  Internet  host  or  service,
assigned through  centralized  Internet  naming  authorities,
comprising   a  series  of  character  strings  separated  by
periods, with the right-most string specifying the top of the
hierarchy.

    Section 10. Unsolicited or  misleading  electronic  mail;
prohibition.
    (a)  No  individual or entity may initiate or cause to be
initiated an unsolicited electronic mail advertisement if the
electronic  mail  advertisement  (i)  uses  a  third  party's
Internet domain name without permission of the  third  party,
or otherwise misrepresents any information in identifying the
point  of  origin  or  the transmission path of an electronic
mail advertisement  or  (ii)  contains  false  or  misleading
information in the subject line.
    (b)  This Section applies when the unsolicited electronic
mail  advertisement  is delivered to an Illinois resident via
an electronic mail service provider's  service  or  equipment
located in this State.
    (c)  Any  person,  other  than an electronic mail service
provider, who  suffers  actual  damages  as  a  result  of  a
violation  of  this  Section  committed  by any individual or
entity may bring an action against such individual or entity.
The injured person may recover attorney's fees and costs, and
may elect, in lieu of recovery of actual damages, to  recover
the  lesser  of $10 for each and every unsolicited electronic
mail advertisement transmitted in violation of this  Section,
or  $25,000  per  day.   The  injured person shall not have a
cause of action against the electronic mail service  provider
that   merely   transmits  the  unsolicited  electronic  mail
advertisement over its computer network.
    (d)  Any electronic mail  service  provider  who  suffers
actual  damages  as  a  result of a violation of this Section
committed by any individual or entity  may  bring  an  action
against  such  individual  or entity.  The injured person may
recover attorney's fees and costs, and may elect, in lieu  of
recovery  of actual damages, to recover the lesser of $10 for
each and  every  unsolicited  electronic  mail  advertisement
transmitted in violation of this Section, or $25,000 per day.
    (e)  The   provisions   of  this  Section  shall  not  be
construed  to  limit  any  person's  right  to   pursue   any
additional civil remedy otherwise allowed by law.
    (f)  An  electronic  mail  service provider may, upon its
own initiative, block the receipt or transmission through its
service of any unsolicited electronic mail advertisement that
it reasonably believes is, or will be, sent in  violation  of
this Section.
    (g)  No  electronic  mail  service  provider  may be held
liable for any action voluntarily  taken  in  good  faith  to
block  the receipt or transmission through its service of any
unsolicited electronic mail advertisement which it reasonably
believes is, or will be, sent in violation of this Section.

    Section  15.  Consumer  Fraud  and   Deceptive   Business
Practices  Act.  In addition to any other penalties specified
in this Act, violation of this Act  constitutes  an  unlawful
practice  under  the  Consumer  Fraud  and Deceptive Business
Practices Act.

    Section 900.  The Criminal Code of  1961  is  amended  by
changing Sections 16D-2 and 16D-3 as follows:

    (720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
    Sec.  16D-2.   Definitions.   As  used  in  this Article,
unless the context otherwise indicates:
    (a)  "Computer" means a device that  accepts,  processes,
stores,  retrieves  or  outputs data, and includes but is not
limited to auxiliary storage and  telecommunications  devices
connected to computers.
    (a-5) "Computer network" means a set of related, remotely
connected devices and any communications facilities including
more  than  one computer with the capability to transmit data
among them through the communications facilities.
    (b)  "Computer program" or "program" means  a  series  of
coded  instructions  or  statements in a form acceptable to a
computer which causes the computer to process data and supply
the results of the data processing.
    (b-5)  "Computer  services"  means   computer   time   or
services,   including   data  processing  services,  Internet
services,  electronic  mail  services,   electronic   message
services,   or  information  or  data  stored  in  connection
therewith.
    (c)  "Data"  means  a  representation   of   information,
knowledge, facts, concepts or instructions, including program
documentation,  which  is prepared in a formalized manner and
is stored or processed in or transmitted by a computer.  Data
shall be considered property and may be in any form including
but  not  limited  to  printouts, magnetic or optical storage
media, punch cards or data stored internally in the memory of
the computer.
    (c-5) "Electronic mail service provider" means any person
who (1) is an intermediary in sending or receiving electronic
mail  and  (2)  provides  to  end-users  of  electronic  mail
services the ability to send or receive electronic mail.
    (d)  In addition to its meaning  as  defined  in  Section
15-1 of this Code, "property" means: (1) electronic impulses;
(2)   electronically   produced   data;   (3)   confidential,
copyrighted   or   proprietary   information;   (4)   private
identification  codes  or  numbers  which  permit access to a
computer by authorized computer users or generate billings to
consumers for purchase of goods and services,  including  but
not    limited    to    credit    card    transactions    and
telecommunications   services   or   permit  electronic  fund
transfers; (5) software or  programs  in  either  machine  or
human  readable form; or (6) any other tangible or intangible
item relating to a computer or any part thereof.
    (e)  "Access" means to use, instruct,  communicate  with,
store  data in, retrieve or intercept data from, or otherwise
utilize any services of a computer.
    (f)  "Services" includes but is not limited  to  computer
time, data manipulation or storage functions.
    (g)  "Vital  services or operations" means those services
or operations required to  provide,  operate,  maintain,  and
repair   network   cabling,  transmission,  distribution,  or
computer facilities necessary to ensure or protect the public
health,  safety,  or  welfare.   Public  health,  safety,  or
welfare include, but are not limited to, services provided by
medical  personnel   or   institutions,   fire   departments,
emergency  services  agencies,  national defense contractors,
armed forces or militia personnel, private and public utility
companies, or law enforcement agencies.
(Source: P.A. 85-926.)

    (720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)
    Sec. 16D-3.  Computer Tampering.
    (a)  A person commits the offense of  computer  tampering
when   he  knowingly  and  without  the  authorization  of  a
computer's owner, as defined in Section 15-2 of this Code, or
in excess of the authority granted to him:
         (1)  Accesses or causes to be accessed a computer or
    any part thereof, or a program or data;
         (2)  Accesses or causes to be accessed a computer or
    any part thereof, or a program or data, and obtains  data
    or services;
         (3)  Accesses or causes to be accessed a computer or
    any  part  thereof,  or a program or data, and damages or
    destroys the computer or alters,  deletes  or  removes  a
    computer program or data;
         (4)  Inserts  or attempts to insert a "program" into
    a computer or computer program knowing or  having  reason
    to  believe  that  such "program" contains information or
    commands  that  will  or  may  damage  or  destroy   that
    computer, or any other computer subsequently accessing or
    being  accessed  by  that  computer,  or that will or may
    alter, delete or remove a computer program or  data  from
    that computer, or any other computer program or data in a
    computer subsequently accessing or being accessed by that
    computer,  or that will or may cause loss to the users of
    that computer or the users of a computer  which  accesses
    or which is accessed by such "program";.
         (5)  Falsifies    or    forges    electronic    mail
    transmission  information or other routing information in
    any  manner  in  connection  with  the  transmission   of
    unsolicited  bulk  electronic  mail  through  or into the
    computer network of an electronic mail  service  provider
    or its subscribers;
    (a-5)  It  shall  be unlawful for any person knowingly to
sell, give, or  otherwise  distribute  or  possess  with  the
intent  to  sell,  give,  or distribute software which (1) is
primarily  designed  or   produced   for   the   purpose   of
facilitating or enabling the falsification of electronic mail
transmission  information  or  other routing information; (2)
has only a limited commercially significant  purpose  or  use
other  than  to  facilitate  or  enable  the falsification of
electronic mail transmission  information  or  other  routing
information;  or  (3)  is  marketed by that person or another
acting  in  concert  with  that  person  with  that  person's
knowledge  for  use   in   facilitating   or   enabling   the
falsification  of electronic mail transmission information or
other routing information.
    (b)  Sentence.
         (1)  A person who commits the  offense  of  computer
    tampering  as  set forth in subsection (a)(1), (a)(5), or
    (a-5) of this Section  shall  be  guilty  of  a  Class  B
    misdemeanor.
         (2)  A  person  who  commits the offense of computer
    tampering as set  forth  in  subsection  (a)(2)  of  this
    Section  shall  be  guilty of a Class A misdemeanor and a
    Class 4 felony for the second or subsequent offense.
         (3)  A person who commits the  offense  of  computer
    tampering as set forth in subsection (a)(3) or subsection
    (a)(4)  of  this  Section    shall be guilty of a Class 4
    felony and a Class 3 felony for the second or  subsequent
    offense.
         (4)  If  the  injury arises from the transmission of
    unsolicited bulk electronic  mail,  the  injured  person,
    other  than an electronic mail service provider, may also
    recover attorney's fees and costs, and may elect, in lieu
    of actual damages, to recover the lesser of $10 for  each
    and   every  unsolicited  bulk  electronic  mail  message
    transmitted in violation of this Section, or $25,000  per
    day.  The injured person shall not have a cause of action
    against  the electronic mail service provider that merely
    transmits the unsolicited bulk electronic mail  over  its
    computer network.
         (5)  If  the  injury arises from the transmission of
    unsolicited bulk electronic mail, an  injured  electronic
    mail  service  provider  may also recover attorney's fees
    and costs, and may elect, in lieu of actual  damages,  to
    recover the greater of $10 for each and every unsolicited
    electronic mail advertisement transmitted in violation of
    this Section, or $25,000 per day.
         (6)  The  provisions  of  this  Section shall not be
    construed to limit  any  person's  right  to  pursue  any
    additional civil remedy otherwise allowed by law.
    (c)  Whoever  suffers  loss  by  reason of a violation of
subsection (a)(4) of this Section  may,  in  a  civil  action
against  the violator, obtain appropriate relief.  In a civil
action under  this  Section,  the  court  may  award  to  the
prevailing   party   reasonable  attorney's  fees  and  other
litigation expenses.
(Source: P.A. 86-762.)

    Section 905.  The Consumer Fraud and  Deceptive  Business
Practices Act is amended by changing Section 2Z as follows:

    (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
    Sec.  2Z.   Violations  of  other  Acts.   Any person who
knowingly violates  the  Automotive  Repair  Act,  the  Dance
Studio  Act,  the  Physical Fitness Services Act, the Hearing
Instrument Consumer Protection Act, the Illinois Union  Label
Act,  the  Job  Referral  and  Job  Listing Services Consumer
Protection Act, the Travel Promotion Consumer Protection Act,
the  Credit  Services  Organizations   Act,   the   Automatic
Telephone  Dialers  Act,  the  Pay-Per-Call Services Consumer
Protection Act, the Telephone Solicitations Act, the Illinois
Funeral or Burial Funds Act, the Cemetery Care  Act,  or  the
Pre-Need  Cemetery  Sales  Act,  or  the  Electronic Mail Act
commits an unlawful practice within the meaning of this Act.
(Source: P.A. 89-72,  eff.  12-31-95;  89-615,  eff.  8-9-96;
90-426, eff. 1-1-98.)

[ Top ]