Illinois General Assembly - Full Text of HB5768
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Full Text of HB5768  98th General Assembly




State of Illinois
2013 and 2014


Introduced , by Rep. Barbara Wheeler


720 ILCS 5/17-52.5  was 720 ILCS 5/16D-5.5
720 ILCS 5/17-55

    Amends the Criminal Code of 2012. Expands the definition of "computer" to include equipment of cloud-based networks of remote servers hosted on the Internet to store, manage, and process data. Makes the definition of "computer" apply to multiple provisions under the computer fraud subdivision of the Code.

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HB5768LRB098 19320 JLK 54472 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Sections 17-52.5 and 17-55 as follows:
6    (720 ILCS 5/17-52.5)  (was 720 ILCS 5/16D-5.5)
7    Sec. 17-52.5. Unlawful use of encryption.
8    (a) For the purpose of this Section:
9        "Computer" means an electronic device which performs
10    logical, arithmetic, and memory functions by manipulations
11    of electronic or magnetic impulses and includes all
12    equipment related to the computer in a system or network.
13        "Computer contaminant" means any data, information,
14    image, program, signal, or sound that is designated or has
15    the capability to: (1) contaminate, corrupt, consume,
16    damage, destroy, disrupt, modify, record, or transmit; or
17    (2) cause to be contaminated, corrupted, consumed,
18    damaged, destroyed, disrupted, modified, recorded, or
19    transmitted, any other data, information, image, program,
20    signal, or sound contained in a computer, system, or
21    network without the knowledge or consent of the person who
22    owns the other data, information, image, program, signal,
23    or sound or the computer, system, or network.



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1        "Computer contaminant" includes, without limitation:
2    (1) a virus, worm, or Trojan horse; (2) spyware that tracks
3    computer activity and is capable of recording and
4    transmitting such information to third parties; or (3) any
5    other similar data, information, image, program, signal,
6    or sound that is designed or has the capability to prevent,
7    impede, delay, or disrupt the normal operation or use of
8    any component, device, equipment, system, or network.
9        "Encryption" means the use of any protective or
10    disruptive measure, including, without limitation,
11    cryptography, enciphering, encoding, or a computer
12    contaminant, to: (1) prevent, impede, delay, or disrupt
13    access to any data, information, image, program, signal, or
14    sound; (2) cause or make any data, information, image,
15    program, signal, or sound unintelligible or unusable; or
16    (3) prevent, impede, delay, or disrupt the normal operation
17    or use of any component, device, equipment, system, or
18    network.
19        "Network" means a set of related, remotely connected
20    devices and facilities, including more than one system,
21    with the capability to transmit data among any of the
22    devices and facilities. The term includes, without
23    limitation, a local, regional, or global computer network.
24        "Program" means an ordered set of data representing
25    coded instructions or statements which can be executed by a
26    computer and cause the computer to perform one or more



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1    tasks.
2        "System" means a set of related equipment, whether or
3    not connected, which is used with or for a computer.
4    (b) A person shall not knowingly use or attempt to use
5encryption, directly or indirectly, to:
6        (1) commit, facilitate, further, or promote any
7    criminal offense;
8        (2) aid, assist, or encourage another person to commit
9    any criminal offense;
10        (3) conceal evidence of the commission of any criminal
11    offense; or
12        (4) conceal or protect the identity of a person who has
13    committed any criminal offense.
14    (c) Telecommunications carriers and information service
15providers are not liable under this Section, except for willful
16and wanton misconduct, for providing encryption services used
17by others in violation of this Section.
18    (d) Sentence. A person who violates this Section is guilty
19of a Class A misdemeanor, unless the encryption was used or
20attempted to be used to commit an offense for which a greater
21penalty is provided by law. If the encryption was used or
22attempted to be used to commit an offense for which a greater
23penalty is provided by law, the person shall be punished as
24prescribed by law for that offense.
25    (e) A person who violates this Section commits a criminal
26offense that is separate and distinct from any other criminal



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1offense and may be prosecuted and convicted under this Section
2whether or not the person or any other person is or has been
3prosecuted or convicted for any other criminal offense arising
4out of the same facts as the violation of this Section.
5(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)
6    (720 ILCS 5/17-55)
7    Sec. 17-55. Definitions. For the purposes of Sections 17-50
8through 17-53:
9    In addition to its meaning as defined in Section 15-1 of
10this Code, "property" means: (1) electronic impulses; (2)
11electronically produced data; (3) confidential, copyrighted,
12or proprietary information; (4) private identification codes
13or numbers which permit access to a computer by authorized
14computer users or generate billings to consumers for purchase
15of goods and services, including but not limited to credit card
16transactions and telecommunications services or permit
17electronic fund transfers; (5) software or programs in either
18machine or human readable form; or (6) any other tangible or
19intangible item relating to a computer or any part thereof.
20    "Access" means to use, instruct, communicate with, store
21data in, retrieve or intercept data from, or otherwise utilize
22any services of, a computer, a network, or data.
23    "Computer" means an electronic device which performs
24logical, arithmetic, and memory functions by manipulations of
25electronic or magnetic impulses and includes all equipment



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1related to the computer in a system or network and cloud-based
2networks of remote services hosted on the Internet to store,
3manage, and process data.
4    "Services" includes but is not limited to computer time,
5data manipulation, or storage functions.
6    "Vital services or operations" means those services or
7operations required to provide, operate, maintain, and repair
8network cabling, transmission, distribution, or computer
9facilities necessary to ensure or protect the public health,
10safety, or welfare. Those services or operations include, but
11are not limited to, services provided by medical personnel or
12institutions, fire departments, emergency services agencies,
13national defense contractors, armed forces or militia
14personnel, private and public utility companies, or law
15enforcement agencies.
16(Source: P.A. 96-1551, eff. 7-1-11.)