Full Text of HB2053 97th General Assembly
HB2053eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Criminal Code of 1961 is amended by changing | 5 | | Sections 16D-2 and 16D-3 as follows:
| 6 | | (720 ILCS 5/16D-2) (from Ch. 38, par. 16D-2)
| 7 | | Sec. 16D-2. Definitions. As used in this Article, unless | 8 | | the context
otherwise indicates:
| 9 | | (a) "Computer" means a device that accepts, processes, | 10 | | stores, retrieves
or outputs data, and includes but is not | 11 | | limited to auxiliary storage and
telecommunications devices | 12 | | connected to computers.
| 13 | | (a-5) "Computer network" means a set of related, remotely | 14 | | connected
devices and any communications facilities including | 15 | | more than one
computer with the capability to transmit data | 16 | | among them through the
communications facilities.
| 17 | | (b) "Computer program" or "program" means a series of coded | 18 | | instructions or
statements in a form acceptable to a computer | 19 | | which causes the computer to
process data and supply the | 20 | | results of the data processing.
| 21 | | (b-5) "Computer services" means computer time or services, | 22 | | including data
processing services, Internet services, | 23 | | electronic mail services, electronic
message services, or |
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| 1 | | information or data stored in connection therewith.
| 2 | | (c) "Data" means a representation of information, | 3 | | knowledge, facts, concepts
or instructions, including program | 4 | | documentation, which is prepared in a
formalized manner and is | 5 | | stored or processed in or transmitted by a computer.
Data shall | 6 | | be considered property and may be in any form including but not
| 7 | | limited to printouts, magnetic or optical storage media, punch | 8 | | cards or
data stored internally in the memory of the computer.
| 9 | | (c-5) "Electronic mail service provider" means any person | 10 | | who (1) is an
intermediary in sending or receiving electronic | 11 | | mail and (2) provides to
end-users of electronic mail services | 12 | | the ability to send or receive electronic
mail.
| 13 | | (d) In addition to its meaning as defined in Section 15-1 | 14 | | of this Code,
"property" means: (1) electronic impulses;
(2) | 15 | | electronically produced data; (3) confidential, copyrighted, | 16 | | or proprietary
information; (4) private identification codes | 17 | | or numbers which permit access to
a computer by authorized | 18 | | computer users or generate billings to consumers
for purchase | 19 | | of goods and services, including but not limited to credit
card | 20 | | transactions and telecommunications services or permit | 21 | | electronic fund
transfers; (5) software or programs in either | 22 | | machine or human readable
form; or (6) any other tangible or | 23 | | intangible item relating to a computer
or any part thereof.
| 24 | | (e) "Access" means to use, instruct, communicate with, | 25 | | store data
in, retrieve or intercept data from, or otherwise | 26 | | utilize any services
of a computer.
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| 1 | | (f) "Services" includes but is not limited to computer | 2 | | time, data
manipulation, or storage functions.
| 3 | | (g) "Vital services or operations" means those services or | 4 | | operations
required to provide, operate, maintain, and repair | 5 | | network cabling,
transmission, distribution, or computer | 6 | | facilities necessary to ensure or
protect the public health, | 7 | | safety, or welfare. Those services or operations include, but | 8 | | are not limited to, services provided by medical
personnel or | 9 | | institutions, fire departments, emergency services agencies,
| 10 | | national defense contractors, armed forces or militia | 11 | | personnel, private
and public utility companies, or law | 12 | | enforcement agencies.
| 13 | | (h) "Social networking website" means an Internet website | 14 | | containing profile web pages of the members of the website that | 15 | | include the names or nicknames of such members, photographs | 16 | | placed on the profile web pages by such members, or any other | 17 | | personal or personally identifying information about such | 18 | | members and links to other profile web pages on social | 19 | | networking websites of friends or associates of such members | 20 | | that can be accessed by other members or visitors to the | 21 | | website. A social networking website provides members of or | 22 | | visitors to such website the ability to leave messages or | 23 | | comments on the profile web page that are visible to all or | 24 | | some visitors to the profile web page and may also include a | 25 | | form of electronic mail for members of the social networking | 26 | | website. |
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| 1 | | (i) "Electronic hi-jacking" means a network security | 2 | | attack in which the attacker takes unauthorized control of | 3 | | electronic communications, social networking sites, computer | 4 | | networks or programs of another. | 5 | | (Source: P.A. 96-262, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 6 | | (720 ILCS 5/16D-3) (from Ch. 38, par. 16D-3)
| 7 | | Sec. 16D-3. Computer Tampering.
| 8 | | (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
| 11 | | the authority granted to him:
| 12 | | (1) Accesses or causes to be accessed or electronically | 13 | | hi-jacks a computer or any part thereof, a computer | 14 | | network, electronic mail, social networking website, or
a | 15 | | program or data;
| 16 | | (2) Accesses or causes to be accessed or electronically | 17 | | hi-jacks a computer or any part thereof, a computer | 18 | | network, electronic mail, social networking website, or
a | 19 | | program or data, and obtains data or services;
| 20 | | (3) Accesses or causes to be accessed or electronically | 21 | | hi-jacks a computer or any
part thereof, a computer | 22 | | network, electronic mail, social networking website, or a | 23 | | program or data, and damages or destroys the computer or
| 24 | | alters, deletes or removes a computer program or data;
| 25 | | (4) Inserts or attempts to insert a "program" into a |
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| 1 | | computer or
computer program knowing or having reason to | 2 | | believe that such "program" contains
information or | 3 | | commands that will or may damage or destroy that computer,
| 4 | | or any other computer subsequently accessing or being | 5 | | accessed by that
computer, or that will or may alter, | 6 | | delete or remove a computer program or
data from that | 7 | | computer, or any other computer program or data in a
| 8 | | computer subsequently accessing or being accessed by that | 9 | | computer, or that
will or may cause loss to the users of | 10 | | that computer or the users of a
computer which accesses or | 11 | | which is accessed by such "program"; or
| 12 | | (5) Falsifies or forges electronic mail transmission | 13 | | information or
other
routing information in any manner in | 14 | | connection with the transmission of
unsolicited bulk | 15 | | electronic mail through or into the computer network of an
| 16 | | electronic mail service provider or its subscribers ; or . | 17 | | (6) Accesses or causes to be accessed or electronically | 18 | | hi-jacks a computer or any part thereof, a computer | 19 | | network, electronic mail, social networking website, or a | 20 | | program or data, and transmits, sends, or posts false data | 21 | | such as information, pictures, or videos as the | 22 | | corresponding account or equipment owner.
| 23 | | (a-5) It shall be unlawful for any person knowingly to | 24 | | sell, give, or
otherwise
distribute or possess with the intent | 25 | | to sell, give, or distribute software
which
(1) is primarily | 26 | | designed or produced for the purpose of facilitating or
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| 1 | | enabling the falsification of electronic mail transmission | 2 | | information or
other routing information; (2) has only a | 3 | | limited commercially significant
purpose or use other than to | 4 | | facilitate or enable the falsification of
electronic
mail | 5 | | transmission information or other routing information; or (3) | 6 | | is
marketed by that person or another acting in concert with | 7 | | that person with
that person's knowledge for use in | 8 | | facilitating or enabling the falsification
of
electronic mail | 9 | | transmission information or other routing information.
| 10 | | (a-10) For purposes of subsection (a), accessing a computer | 11 | | network is deemed to be with the authorization of a
computer's | 12 | | owner if: | 13 | | (1) the owner authorizes patrons, customers, or guests | 14 | | to access the computer network and the person accessing the | 15 | | computer network is an authorized patron, customer, or | 16 | | guest and complies with all terms or conditions for use of | 17 | | the computer network that are imposed by the owner; or | 18 | | (2) the owner authorizes the public to access the | 19 | | computer network and the person accessing the computer | 20 | | network complies with all terms or conditions for use of | 21 | | the computer network that are imposed by the owner.
| 22 | | (b) Sentence.
| 23 | | (1) A person who commits the offense of computer
| 24 | | tampering as set forth in subsection (a)(1), (a)(5), or | 25 | | (a-5) of this
Section shall be guilty
of a Class B | 26 | | misdemeanor.
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| 1 | | (2) A person who commits the offense of computer | 2 | | tampering as set forth
in subsection (a)(2) of this Section | 3 | | shall be guilty of a Class A misdemeanor
and a Class 4 | 4 | | felony for the second or subsequent offense.
| 5 | | (3) A person who commits the offense of computer | 6 | | tampering as set forth
in subsection (a)(3) , or subsection | 7 | | (a)(4) , or (a)(6) of this Section
shall
be guilty of a | 8 | | Class 4 felony
and a Class 3 felony for the second or | 9 | | subsequent offense.
| 10 | | (4) If the injury arises from the transmission of | 11 | | unsolicited bulk
electronic
mail, the injured person, | 12 | | other than an electronic mail service
provider, may also | 13 | | recover attorney's fees and costs, and may elect, in lieu | 14 | | of
actual damages, to recover the lesser of $10 for each | 15 | | and every unsolicited
bulk electronic mail message | 16 | | transmitted in violation of this Section, or
$25,000 per | 17 | | day. The injured person shall not have a cause of action
| 18 | | against the electronic mail service provider that merely | 19 | | transmits the
unsolicited bulk electronic mail over its | 20 | | computer network.
| 21 | | (5) If the injury arises from the transmission of | 22 | | unsolicited bulk
electronic
mail,
an injured electronic | 23 | | mail service provider may also recover
attorney's fees and | 24 | | costs, and may elect, in lieu of actual damages, to recover
| 25 | | the greater of $10 for each and every unsolicited | 26 | | electronic mail
advertisement transmitted in violation of |
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| 1 | | this Section, or $25,000 per day.
| 2 | | (6) The provisions of this Section shall not be | 3 | | construed to limit any
person's
right to pursue any | 4 | | additional civil remedy otherwise allowed by law.
| 5 | | (c) Whoever suffers loss by reason of a violation of | 6 | | subsection (a)(4)
of this Section may, in a civil action | 7 | | against the violator, obtain
appropriate relief. In
a civil | 8 | | action under this Section, the court may award to the | 9 | | prevailing
party reasonable attorney's fees and other | 10 | | litigation expenses.
| 11 | | (Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10.)
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