Full Text of SB0142 95th General Assembly
SB0142 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0142
Introduced 1/31/2007, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
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720 ILCS 5/16D-3 |
from Ch. 38, par. 16D-3 |
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Amends the Criminal Code of 1961. Provides that a person commits computer tampering if he or she, knowingly and without the authorization of a computer's owner, accesses or causes to be accessed a computer network. Provides that accessing a computer network is deemed to be with the authorization of a computer's owner if: the owner authorizes patrons, customers, or guests to access the computer network and the person accessing the computer network is an authorized patron, customer, or guest and complies with all terms or conditions for use of the computer network that are imposed by the owner; or the owner authorizes the public to access the computer network and the person accessing the computer network complies with all terms or conditions for use of the computer network that are imposed by the owner.
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| CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
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A BILL FOR
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SB0142 |
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LRB095 06386 RLC 26483 b |
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| AN ACT concerning criminal law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16D-3 as follows:
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| (720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)
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| Sec. 16D-3. Computer Tampering.
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| (a) A person commits the offense of
computer tampering when | 9 |
| he knowingly and without the authorization of a
computer's | 10 |
| owner, as defined in Section 15-2 of this Code, or in excess of
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| the authority granted to him:
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| (1) Accesses or causes to be accessed a computer or any | 13 |
| part thereof, a computer network, or
a program or data;
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| (2) Accesses or causes to be accessed a computer or any | 15 |
| part thereof, a computer network, or
a program or data, and | 16 |
| obtains data or services;
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| (3) Accesses or causes to be accessed a computer or any
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| part thereof, a computer network, or a program or data, and | 19 |
| damages or destroys the computer or
alters, deletes or | 20 |
| removes a computer program or data;
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| (4) Inserts or attempts to insert a "program" into a | 22 |
| computer or
computer program knowing or having reason to | 23 |
| believe that such "program" contains
information or |
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SB0142 |
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LRB095 06386 RLC 26483 b |
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| commands that will or may damage or destroy that computer,
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| or any other computer subsequently accessing or being | 3 |
| accessed by that
computer, or that will or may alter, | 4 |
| delete or remove a computer program or
data from that | 5 |
| computer, or any other computer program or data in a
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| computer subsequently accessing or being accessed by that | 7 |
| computer, or that
will or may cause loss to the users of | 8 |
| that computer or the users of a
computer which accesses or | 9 |
| which is accessed by such "program";
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| (5) Falsifies or forges electronic mail transmission | 11 |
| information or
other
routing information in any manner in | 12 |
| connection with the transmission of
unsolicited bulk | 13 |
| electronic mail through or into the computer network of an
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| electronic mail service provider or its subscribers;
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| (a-5) It shall be unlawful for any person knowingly to | 16 |
| sell, give, or
otherwise
distribute or possess with the intent | 17 |
| to sell, give, or distribute software
which
(1) is primarily | 18 |
| designed or produced for the purpose of facilitating or
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| enabling the falsification of electronic mail transmission | 20 |
| information or
other routing information; (2) has only a | 21 |
| limited commercially significant
purpose or use other than to | 22 |
| facilitate or enable the falsification of
electronic
mail | 23 |
| transmission information or other routing information; or (3) | 24 |
| is
marketed by that person or another acting in concert with | 25 |
| that person with
that person's knowledge for use in | 26 |
| facilitating or enabling the falsification
of
electronic mail |
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LRB095 06386 RLC 26483 b |
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| transmission information or other routing information.
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| (a-10) For purposes of subsection (a), accessing a computer | 3 |
| network is deemed to be with the authorization of a
computer's | 4 |
| owner if: | 5 |
| (1) the owner authorizes patrons, customers, or guests | 6 |
| to access the computer network and the person accessing the | 7 |
| computer network is an authorized patron, customer, or | 8 |
| guest and complies with all terms or conditions for use of | 9 |
| the computer network that are imposed by the owner; or | 10 |
| (2) the owner authorizes the public to access the | 11 |
| computer network and the person accessing the computer | 12 |
| network complies with all terms or conditions for use of | 13 |
| the computer network that are imposed by the owner.
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| (b) Sentence.
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| (1) A person who commits the offense of computer
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| tampering as set forth in subsection (a)(1), (a)(5), or | 17 |
| (a-5) of this
Section shall be guilty
of a Class B | 18 |
| misdemeanor.
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| (2) A person who commits the offense of computer | 20 |
| tampering as set forth
in subsection (a)(2) of this Section | 21 |
| shall be guilty of a Class A misdemeanor
and a Class 4 | 22 |
| felony for the second or subsequent offense.
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| (3) A person who commits the offense of computer | 24 |
| tampering as set forth
in subsection (a)(3) or subsection | 25 |
| (a)(4) of this Section
shall
be guilty of a Class 4 felony
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| and a Class 3 felony for the second or subsequent offense.
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LRB095 06386 RLC 26483 b |
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| (4) If the injury arises from the transmission of | 2 |
| unsolicited bulk
electronic
mail, the injured person, | 3 |
| other than an electronic mail service
provider, may also | 4 |
| recover attorney's fees and costs, and may elect, in lieu | 5 |
| of
actual damages, to recover the lesser of $10 for each | 6 |
| and every unsolicited
bulk electronic mail message | 7 |
| transmitted in violation of this Section, or
$25,000 per | 8 |
| day. The injured person shall not have a cause of action
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| against the electronic mail service provider that merely | 10 |
| transmits the
unsolicited bulk electronic mail over its | 11 |
| computer network.
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| (5) If the injury arises from the transmission of | 13 |
| unsolicited bulk
electronic
mail,
an injured electronic | 14 |
| mail service provider may also recover
attorney's fees and | 15 |
| costs, and may elect, in lieu of actual damages, to recover
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| the greater of $10 for each and every unsolicited | 17 |
| electronic mail
advertisement transmitted in violation of | 18 |
| this Section, or $25,000 per day.
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| (6) The provisions of this Section shall not be | 20 |
| construed to limit any
person's
right to pursue any | 21 |
| additional civil remedy otherwise allowed by law.
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| (c) Whoever suffers loss by reason of a violation of | 23 |
| subsection (a)(4)
of this Section may, in a civil action | 24 |
| against the violator, obtain
appropriate relief. In
a civil | 25 |
| action under this Section, the court may award to the | 26 |
| prevailing
party reasonable attorney's fees and other |
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LRB095 06386 RLC 26483 b |
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| litigation expenses.
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| (Source: P.A. 91-233, eff. 1-1-00.)
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