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Public Act 095-0350
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| SB0137 Enrolled |
LRB095 06387 WGH 26484 b |
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AN ACT concerning the Internet.
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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 1. Short title. This Act may be cited as the |
Anti-Phishing Act.
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Section 5. Definitions. As used in this Act: |
"Electronic mail message" means a message sent to a unique |
destination, commonly expressed as a string of characters, |
consisting of a unique user name or mailbox (commonly referred |
to as the "local part") and a reference to an Internet domain |
(commonly referred to as the "domain part"), whether or not |
displayed, to which an electronic message can be sent or |
delivered. |
"Identifying information" means, with respect to an |
individual, any of the following: |
(1) Social security number. |
(2) Driver's license number. |
(3) Bank account number. |
(4) Credit card or debit card number. |
(5) Personal identification number (PIN). |
(6) Automated or electronic signature. |
(7) Unique biometric data. |
(8) Account password. |
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(9) Any other piece of information that can be used to |
access an individual's financial accounts or to obtain |
goods or services. |
"Internet" means the global information system that is
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logically linked together by a globally unique address space |
based on
the Internet Protocol (IP), or its subsequent |
extensions, and that
is able to support communications using |
the Transmission Control
Protocol/Internet Protocol (TCP/IP) |
suite, or its subsequent
extensions, or other IP-compatible |
protocols, and that provides,
uses, or makes accessible, either |
publicly or privately, high level
services layered on the |
communications and related infrastructure. |
"Web page" means a location that has a single uniform |
resource locator or other single location with respect to the |
Internet.
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Section 10. Prohibitions. It is unlawful for any person, by |
means of a Web page, electronic mail message, or otherwise |
through use of the Internet, to solicit, request, or take any |
action to induce another person to provide identifying |
information by representing himself, herself, or itself to be a |
business without the authority or approval of the business.
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Section 15. Actions. |
(a) The following persons may bring an action against a |
person who violates or is in violation of Section 10: |
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(1) A person who (A) is engaged in the business of |
providing Internet access service to the public, owns a Web |
page, or owns a trademark, and (B) is adversely affected by |
a violation of Section 10. |
An action brought under this paragraph may seek to |
recover the greater of actual damages or $500,000. |
(2) An individual who is adversely affected by a |
violation of Section 10 may bring an action, but only |
against a person who has directly violated Section 10. |
An action brought under this paragraph may seek to |
enjoin further violations of Section 10 and to recover the |
greater of 3 times the amount of actual damages or $5,000 |
per violation. |
(b) The Attorney General or a State's Attorney may bring an |
action against a person who violates or is in violation of |
Section 10 to enjoin further violations of Section 10 and to |
recover a civil penalty of up to $2,500 per violation. |
(c) In an action pursuant to this Section, a court may, in |
addition, do either or both of the following: |
(1) Increase the recoverable damages to an amount up to |
3 times the damages otherwise recoverable under subsection |
(a) in cases in which the defendant has engaged in a |
pattern and practice of violating Section 10. |
(2) Award costs of suit and reasonable attorney's fees |
to a prevailing plaintiff. |
(d) The remedies provided in this Section do not preclude |