Bill Text: IL HB4642 | 2011-2012 | 97th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Criminal Code of 1961 relating to computer tampering. In addition to other elements of the offense, provides that a person commits the offense when he or she knowingly and without the authorization of an account holder or in excess of the authority granted to him or to her accesses or causes to be accessed by any means an e-mail, instant messaging, or social networking website account. Defines "account holder". Establishes penalties. Amends the Harassing and Obscene Communications Act. Includes in the offense of harassment through electronic communications, knowingly and by any means making repeated, unwanted, and harassing communication to another person.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4642 Detail]
Download: Illinois-2011-HB4642-Amended.html
Bill Title: Amends the Criminal Code of 1961 relating to computer tampering. In addition to other elements of the offense, provides that a person commits the offense when he or she knowingly and without the authorization of an account holder or in excess of the authority granted to him or to her accesses or causes to be accessed by any means an e-mail, instant messaging, or social networking website account. Defines "account holder". Establishes penalties. Amends the Harassing and Obscene Communications Act. Includes in the offense of harassment through electronic communications, knowingly and by any means making repeated, unwanted, and harassing communication to another person.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Failed) 2013-01-08 - Session Sine Die [HB4642 Detail]
Download: Illinois-2011-HB4642-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 4642
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| 2 | AMENDMENT NO. ______. Amend House Bill 4642 on page 1, line | ||||||
| 3 | 5, by inserting ", 17-52.5," after "17-51"; and
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| 4 | on page 6, by inserting immediately after line 26 the | ||||||
| 5 | following: | ||||||
| 6 | "(d) Telecommunications carriers, commercial mobile | ||||||
| 7 | service providers, and providers of information services, | ||||||
| 8 | including, but not limited to, Internet service providers and | ||||||
| 9 | hosting service providers, are not liable under this Section, | ||||||
| 10 | except for willful and wanton misconduct, by virtue of the | ||||||
| 11 | transmission, storage, or caching of electronic communications | ||||||
| 12 | or messages of others or by virtue of the provision of other | ||||||
| 13 | related telecommunications, commercial mobile services, or | ||||||
| 14 | information services used by others in violation of this | ||||||
| 15 | Section."; and
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| 16 | on page 7, by inserting immediately below line 2 the following:
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| 1 | "(720 ILCS 5/17-52.5) (was 720 ILCS 5/16D-5.5) | ||||||
| 2 | Sec. 17-52.5. Unlawful use of encryption. | ||||||
| 3 | (a) For the purpose of this Section: | ||||||
| 4 | "Computer" means an electronic device which performs | ||||||
| 5 | logical, arithmetic, and memory functions by manipulations | ||||||
| 6 | of electronic or magnetic impulses and includes all | ||||||
| 7 | equipment related to the computer in a system or network. | ||||||
| 8 | "Computer contaminant" means any data, information, | ||||||
| 9 | image, program, signal, or sound that is designated or has | ||||||
| 10 | the capability to: (1) contaminate, corrupt, consume, | ||||||
| 11 | damage, destroy, disrupt, modify, record, or transmit; or | ||||||
| 12 | (2) cause to be contaminated, corrupted, consumed, | ||||||
| 13 | damaged, destroyed, disrupted, modified, recorded, or | ||||||
| 14 | transmitted, any other data, information, image, program, | ||||||
| 15 | signal, or sound contained in a computer, system, or | ||||||
| 16 | network without the knowledge or consent of the person who | ||||||
| 17 | owns the other data, information, image, program, signal, | ||||||
| 18 | or sound or the computer, system, or network. | ||||||
| 19 | "Computer contaminant" includes, without limitation: | ||||||
| 20 | (1) a virus, worm, or Trojan horse; (2) spyware that tracks | ||||||
| 21 | computer activity and is capable of recording and | ||||||
| 22 | transmitting such information to third parties; or (3) any | ||||||
| 23 | other similar data, information, image, program, signal, | ||||||
| 24 | or sound that is designed or has the capability to prevent, | ||||||
| 25 | impede, delay, or disrupt the normal operation or use of | ||||||
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| 1 | any component, device, equipment, system, or network. | ||||||
| 2 | "Encryption" means the use of any protective or | ||||||
| 3 | disruptive measure, including, without limitation, | ||||||
| 4 | cryptography, enciphering, encoding, or a computer | ||||||
| 5 | contaminant, to: (1) prevent, impede, delay, or disrupt | ||||||
| 6 | access to any data, information, image, program, signal, or | ||||||
| 7 | sound; (2) cause or make any data, information, image, | ||||||
| 8 | program, signal, or sound unintelligible or unusable; or | ||||||
| 9 | (3) prevent, impede, delay, or disrupt the normal operation | ||||||
| 10 | or use of any component, device, equipment, system, or | ||||||
| 11 | network. | ||||||
| 12 | "Network" means a set of related, remotely connected | ||||||
| 13 | devices and facilities, including more than one system, | ||||||
| 14 | with the capability to transmit data among any of the | ||||||
| 15 | devices and facilities. The term includes, without | ||||||
| 16 | limitation, a local, regional, or global computer network. | ||||||
| 17 | "Program" means an ordered set of data representing | ||||||
| 18 | coded instructions or statements which can be executed by a | ||||||
| 19 | computer and cause the computer to perform one or more | ||||||
| 20 | tasks. | ||||||
| 21 | "System" means a set of related equipment, whether or | ||||||
| 22 | not connected, which is used with or for a computer. | ||||||
| 23 | (b) A person shall not knowingly use or attempt to use | ||||||
| 24 | encryption, directly or indirectly, to: | ||||||
| 25 | (1) commit, facilitate, further, or promote any | ||||||
| 26 | criminal offense; | ||||||
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| 1 | (2) aid, assist, or encourage another person to commit | ||||||
| 2 | any criminal offense; | ||||||
| 3 | (3) conceal evidence of the commission of any criminal | ||||||
| 4 | offense; or | ||||||
| 5 | (4) conceal or protect the identity of a person who has | ||||||
| 6 | committed any criminal offense. | ||||||
| 7 | (c) Telecommunications carriers, commercial mobile service | ||||||
| 8 | providers, and providers of information services, including, | ||||||
| 9 | but not limited to, Internet service providers and hosting | ||||||
| 10 | service providers, are not liable under this Section, except | ||||||
| 11 | for willful and wanton misconduct, by virtue of the | ||||||
| 12 | transmission, storage, or caching of electronic communications | ||||||
| 13 | or messages of others or by virtue of the provision of other | ||||||
| 14 | related telecommunications, commercial mobile services, or | ||||||
| 15 | information services used by others in violation of this | ||||||
| 16 | Section. Telecommunications carriers and information service | ||||||
| 17 | providers are not liable under this Section, except for willful | ||||||
| 18 | and wanton misconduct, for providing encryption services used | ||||||
| 19 | by others in violation of this Section. | ||||||
| 20 | (d) Sentence. A person who violates this Section is guilty | ||||||
| 21 | of a Class A misdemeanor, unless the encryption was used or | ||||||
| 22 | attempted to be used to commit an offense for which a greater | ||||||
| 23 | penalty is provided by law. If the encryption was used or | ||||||
| 24 | attempted to be used to commit an offense for which a greater | ||||||
| 25 | penalty is provided by law, the person shall be punished as | ||||||
| 26 | prescribed by law for that offense. | ||||||
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| 1 | (e) A person who violates this Section commits a criminal | ||||||
| 2 | offense that is separate and distinct from any other criminal | ||||||
| 3 | offense and may be prosecuted and convicted under this Section | ||||||
| 4 | whether or not the person or any other person is or has been | ||||||
| 5 | prosecuted or convicted for any other criminal offense arising | ||||||
| 6 | out of the same facts as the violation of this Section.
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| 7 | (Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)".
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