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Rep. Jennifer Gong-Gershowitz
Filed: 3/14/2023
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1 | | AMENDMENT TO HOUSE BILL 2954
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2 | | AMENDMENT NO. ______. Amend House Bill 2954 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 1. Short title. This Act may be cited as the Civil |
5 | | Liability for Doxing Act. |
6 | | Section 5. Definitions. As used in this Act: |
7 | | "Course of conduct" means a pattern of conduct composed of |
8 | | 2 or more acts, evidencing a continuity of purpose. |
9 | | "Electronic communication" means any transfer of signs, |
10 | | signals, writing, images, sounds, data, or intelligence of any |
11 | | nature transmitted in whole or in part by a wire, radio, |
12 | | electromagnetic, photoelectronic, or photo-optical system. |
13 | | "Emotional distress" means significant mental suffering, |
14 | | anxiety, or alarm. "Emotional distress" is limited to |
15 | | emotional suffering that is protracted and not merely trivial |
16 | | or transitory. |
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1 | | "Family or household member" has the meaning given to the |
2 | | term "family or household members" in Section 103 of the |
3 | | Illinois Domestic Violence Act of 1986. |
4 | | "Personally identifiable information" means any |
5 | | information that can be used to distinguish or trace a |
6 | | person's identity, such as name, prior legal name, alias, |
7 | | mother's maiden name, and date or place of birth in |
8 | | combination with any other information that is linked or |
9 | | linkable to a person such as: |
10 | | (1) social security number, home address, phone |
11 | | number, email address, social media accounts, or biometric |
12 | | data; |
13 | | (2) medical, financial, education, consumer, or |
14 | | employment information, data, or records; |
15 | | (3) any other sensitive or private information that is |
16 | | linked or linkable to a specific identifiable person, such |
17 | | as gender identity, sexual orientation, or any sexually |
18 | | intimate visual depiction; or |
19 | | (4) any information that provides access to a person's |
20 | | teleconferencing, video-teleconferencing, or other |
21 | | digital meeting room. |
22 | | "Post" means to circulate, deliver, distribute, |
23 | | disseminate, transmit, or otherwise make available to 2 or |
24 | | more persons through electronic communication. |
25 | | "Publish" means to circulate, deliver, distribute, |
26 | | disseminate, post, transmit, or otherwise make available to |
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1 | | another person. "Publish" does not include writing or |
2 | | electronically communicating to one other person in private |
3 | | communications for which an individual has a reasonable |
4 | | expectation of privacy. |
5 | | "Regularly resides" means residing in the household with |
6 | | some permanency or regular frequency in the person's living |
7 | | arrangement. |
8 | | "Stalk" or "stalking" has the meaning provided in Section |
9 | | 12-7.3 of the Criminal Code of 2012, except that "stalking" |
10 | | does not include an activity that is part of a protest that is |
11 | | protected by the United States Constitution or the Illinois |
12 | | Constitution. |
13 | | "Substantial life disruption" means a material and |
14 | | significant alteration of an individual's livelihood. |
15 | | "Substantial life disruption" may include, but is not limited |
16 | | to, moving from an established residence, changing routes to |
17 | | and from work, changing employment or work schedule, or losing |
18 | | time at work or a job. |
19 | | Section 10. Doxing. |
20 | | (a) An individual engages in the act of doxing when that |
21 | | individual intentionally publishes another person's personally |
22 | | identifiable information without the consent of the person |
23 | | whose information is published and: |
24 | | (1) the information is published with the intent that |
25 | | it be used to harm or harass the person whose information |
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1 | | is published and with knowledge or reckless disregard that |
2 | | the person whose information is published would be |
3 | | reasonably likely to suffer death, bodily injury, or |
4 | | stalking; and |
5 | | (2) the publishing of the information: |
6 | | (i) causes the person whose information is |
7 | | published to suffer significant economic injury or |
8 | | emotional distress or to fear serious bodily injury or |
9 | | death of the person or a family or household member of |
10 | | the person; or |
11 | | (ii) causes the person whose information is |
12 | | published to suffer a substantial life disruption; and |
13 | | (3) the person whose information is published is |
14 | | identifiable from the published personally identifiable |
15 | | information itself. |
16 | | (b) It is not an offense under this Act for an individual |
17 | | to: |
18 | | (1) provide another person's personally identifiable |
19 | | information or sensitive personal information in |
20 | | connection with the reporting of criminal activity to an |
21 | | employee of a law enforcement agency or in connection with |
22 | | any lawfully authorized investigative, protective, or |
23 | | intelligence activity of any law enforcement agency or of |
24 | | an intelligence agency of the United States and the person |
25 | | making the report reasonably believes the alleged criminal |
26 | | activity occurred or the existing investigative, |
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1 | | protective, or intelligence activity is legitimate; |
2 | | (2) disseminate the personally identifiable |
3 | | information for the purpose of, or in connection with, the |
4 | | reporting of conduct reasonably believed to be unlawful; |
5 | | or |
6 | | (3) provide a person's personally identifiable |
7 | | information in connection with activity protected under |
8 | | the United States Constitution or the Illinois |
9 | | Constitution pertaining to speech, press, assembly, |
10 | | protest, and petition, as well as the provision of |
11 | | personally identifiable information to the press. |
12 | | (c) Nothing in this Act shall be construed in any manner |
13 | | to: |
14 | | (1) conflict with Section 230 of Title II of the |
15 | | Communications Act of 1934 (47 U.S.C. 230); |
16 | | (2) conflict with 42 U.S.C. 1983; or |
17 | | (3) prohibit any activity protected under the |
18 | | Constitution of the United States or the Illinois |
19 | | Constitution. |
20 | | Section 15. Civil action. |
21 | | (a) A person who is aggrieved by a violation of this Act |
22 | | may bring a civil action against (i) the individual who |
23 | | committed the offense of doxing or (ii) any individual or |
24 | | entity that directs one or more persons to violate this Act and |
25 | | that knowingly benefits, financially or by receiving anything |
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1 | | of value, from participation in a venture that the individual |
2 | | or entity knew involved a violation of this Act. |
3 | | (b) A person who is aggrieved by a violation of this Act |
4 | | may recover damages and any other appropriate relief, |
5 | | including reasonable attorney's fees. |
6 | | (c) An individual who is found liable under this Act shall |
7 | | be jointly and severally liable with each other individual, if |
8 | | any, who is found liable under this Act for damages arising |
9 | | from the same violation of this Act. |
10 | | (d) When a judgment is entered in favor of an individual |
11 | | alleged to have committed the offense of doxing, the court may |
12 | | award reasonable costs and attorney's fees to the defendant |
13 | | for defending any claim that the court finds was brought by the |
14 | | plaintiff and that the court finds was frivolous, baseless, or |
15 | | brought in bad faith. |
16 | | Section 20. Injunctive relief. |
17 | | (a) A court in which a suit is brought under this Act, on |
18 | | the motion of a party, may issue a temporary restraining |
19 | | order, emergency order of protection, or preliminary or |
20 | | permanent injunction to restrain and prevent the disclosure or |
21 | | continued disclosure of a person's personally identifiable |
22 | | information or sensitive personal information. Upon a motion |
23 | | by a party in a civil action brought under this Act, and |
24 | | following a full evidentiary hearing, a court may issue an |
25 | | order pursuant to this Section to prevent the publishing of a |
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1 | | person's personally identifiable information or sensitive |
2 | | personal information if the court finds by clear and |
3 | | convincing evidence each of the following: |
4 | | (1) the individual to be enjoined published personally |
5 | | identifiable information or sensitive personal information |
6 | | in violation of this Act; |
7 | | (2) continued or further publishing of the personally |
8 | | identifiable information or sensitive personal information |
9 | | poses a present and ongoing risk of death, bodily injury, |
10 | | or stalking to another individual; and |
11 | | (3) the individual to be enjoined has no lawful or |
12 | | constitutional purpose for continued or further publishing |
13 | | of the personally identifiable information or sensitive |
14 | | personal information. |
15 | | (b) Any injunctive relief granted under this Section shall |
16 | | state the following with sufficient particularity to allow |
17 | | appellate review: |
18 | | (1) the required findings in subsection (a) of Section |
19 | | 20 and the evidentiary basis and reasoning for the |
20 | | findings; |
21 | | (2) the expiration date of the injunction, which shall |
22 | | be no more than one year from the date of its entry; |
23 | | (3) that the enjoined individual may seek relief from |
24 | | the injunction, if the court determines, after notice and |
25 | | hearing, that one or more of the required findings in |
26 | | subsection (a) of Section 20 no longer apply; and |
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1 | | (4) that the person who sought the injunction may seek |
2 | | an extension of the order of no more than one year if the |
3 | | court determines, after notice and hearing, that the |
4 | | required findings in subsection (a) of Section 20 continue |
5 | | to apply. |
6 | | (c) If a person violates any order issued under this |
7 | | Section, the court, in its discretion, may grant any civil |
8 | | remedy under State law. |
9 | | Section 25. Venue. A civil action may be brought in any |
10 | | county in which an element of the offense occurred, or in which |
11 | | a person resides who is the subject of personally identifiable |
12 | | information published in violation of this Act. |
13 | | Section 30. Constitutionality. The General Assembly does |
14 | | not intend this Act to allow, and this Act shall not allow, |
15 | | actions to be brought against constitutionally protected |
16 | | activity.
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17 | | Section 97. Severability. The provisions of this Act are |
18 | | severable under Section 1.31 of the Statute on Statutes.".
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