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Public Act 099-0775 | ||||
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AN ACT concerning digital assets.
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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 | ||||
Revised Uniform Fiduciary Access to Digital Assets Act (2015). | ||||
Section 2. Definitions. In this Act: | ||||
(1) "Account" means an arrangement under a | ||||
terms-of-service agreement in which a custodian carries, | ||||
maintains, processes, receives, or stores a digital asset of | ||||
the user or provides goods or services to the user. | ||||
(2) "Agent" means an attorney-in-fact granted authority | ||||
under a durable or nondurable power of attorney. | ||||
(3) "Carries" means engages in the transmission of an | ||||
electronic communication. | ||||
(4) "Catalogue of electronic communications" means | ||||
information that identifies each person with which a user has | ||||
had an electronic communication, the time and date of the | ||||
communication, and the electronic address of the person. | ||||
(5) "Guardian" means a person appointed by a court to | ||||
manage the estate of a living individual. The term includes a | ||||
standby or temporary guardian. | ||||
(6) "Content of an electronic communication" means | ||||
information concerning the substance or meaning of the |
communication which: | ||
(A) has been sent or received by a user; | ||
(B) is in electronic storage by a custodian providing | ||
an electronic-communication service to the public or is | ||
carried or maintained by a custodian providing a | ||
remote-computing service to the public; and | ||
(C) is not readily accessible to the public. | ||
(7) "Court" means a court of competent jurisdiction. | ||
(8) "Custodian" means a person that carries, maintains, | ||
processes, receives, or stores a digital asset of a user. | ||
(9) "Designated recipient" means a person chosen by a user | ||
using an online tool to administer digital assets of the user. | ||
(10) "Digital asset" means an electronic record in which an | ||
individual has a right or interest. The term does not include | ||
an underlying asset or liability unless the asset or liability | ||
is itself an electronic record. | ||
(11) "Electronic" means relating to technology having | ||
electrical, digital, magnetic, wireless, optical, | ||
electromagnetic, or similar capabilities. | ||
(12) "Electronic communication" has the meaning set forth | ||
in 18 U.S.C. Section 2510(12), as amended. | ||
(13) "Electronic communication service" means a custodian | ||
that provides to a user the ability to send or receive an | ||
electronic communication. | ||
(14) "Fiduciary" means an original, additional, or | ||
successor personal representative, guardian, agent, or |
trustee. | ||
(15) "Information" means data, text, images, videos, | ||
sounds, codes, computer programs, software, databases, or the | ||
like. | ||
(16) "Online tool" means an electronic service provided by | ||
a custodian that allows a user in an agreement distinct from | ||
the terms-of-service agreement between the custodian and user, | ||
to provide directions for disclosure or nondisclosure of | ||
digital assets to a third person. | ||
(17) "Person" means an individual, estate, business or | ||
nonprofit entity, public corporation, government or | ||
governmental subdivision, agency, or instrumentality, or other | ||
legal entity. | ||
(18) "Personal representative" means an executor, | ||
administrator, special administrator, or person that performs | ||
substantially the same function under law of this state other | ||
than this Act. | ||
(19) "Power of attorney" means a record that grants an | ||
agent authority to act in the place of a principal. | ||
(20) "Principal" means an individual who grants authority | ||
to an agent in a power of attorney. | ||
(21) "Person with a disability" means an individual for | ||
whom a guardian has been appointed. The term includes an | ||
individual for whom an application for the appointment of a | ||
guardian is pending. | ||
(22) "Record" means information that is inscribed on a |
tangible medium or that is stored in an electronic or other | ||
medium and is retrievable in perceivable form. | ||
(23) "Remote-computing service" means a custodian that | ||
provides to a user computer-processing services or the storage | ||
of digital assets by means of an electronic communications | ||
system, as defined in 18 U.S.C. Section 2510(14), as amended. | ||
(24) "Terms-of-service agreement" means an agreement that | ||
controls the relationship between a user and a custodian. | ||
(25) "Trustee" means a fiduciary with legal title to | ||
property under an agreement or declaration that creates a | ||
beneficial interest in another. The term includes a successor | ||
trustee. | ||
(26) "User" means a person that has an account with a | ||
custodian. | ||
(27) "Will" includes a codicil, testamentary instrument | ||
that only appoints an executor, and instrument that revokes or | ||
revises a testamentary instrument. | ||
Section 3. Applicability. | ||
(a) This Act applies to: | ||
(1) a fiduciary acting under a will or power of | ||
attorney executed before, on, or after the effective date | ||
of this Act; | ||
(2) a personal representative acting for a decedent who | ||
died before, on, or after the effective date of this Act; | ||
(3) a guardianship proceeding commenced before, on, or |
after the effective date of this Act; and | ||
(4) a trustee acting under a trust created before, on, | ||
or after the effective date of this Act. | ||
(b) This Act applies to a custodian if the user resides in | ||
this state or resided in this state at the time of the user's | ||
death. | ||
(c) This Act does not apply to a digital asset of an | ||
employer used by an employee in the ordinary course of the | ||
employer's business. | ||
Section 4. User direction for disclosure of digital assets. | ||
(a) A user may use an online tool to direct the custodian | ||
to disclose to a designated recipient or not to disclose some | ||
or all of the user's digital assets, including the content of | ||
electronic communications. If the online tool allows the user | ||
to modify or delete a direction at all times, a direction | ||
regarding disclosure using an online tool overrides a contrary | ||
direction by the user in a will, trust, power of attorney, or | ||
other record. | ||
(b) If a user has not used an online tool to give direction | ||
under subsection (a) or if the custodian has not provided an | ||
online tool, the user may allow or prohibit in a will, trust, | ||
power of attorney, or other record, disclosure to a fiduciary | ||
of some or all of the user's digital assets, including the | ||
content of electronic communications sent or received by the | ||
user. |
(c) A user's direction under subsection (a) or (b) | ||
overrides a contrary provision in a terms-of-service agreement | ||
that does not require the user to act affirmatively and | ||
distinctly from the user's assent to the terms of service. | ||
Section 5. Terms-of-service agreement. | ||
(a) This Act does not change or impair a right of a | ||
custodian or a user under a terms-of-service agreement to | ||
access and use digital assets of the user. | ||
(b) This Act does not give a fiduciary or designated | ||
recipient any new or expanded rights other than those held by | ||
the user for whom, or for whose estate, the fiduciary or | ||
designated recipient acts or represents. | ||
(c) A fiduciary's or designated recipient's access to | ||
digital assets may be modified or eliminated by a user, by | ||
federal law, or by a terms-of-service agreement if the user has | ||
not provided direction under Section 4. | ||
Section 6. Procedure for disclosing digital assets. | ||
(a) When disclosing digital assets of a user under this | ||
Act, the custodian may at its sole discretion: | ||
(1) grant a fiduciary or designated recipient full | ||
access to the user's account; | ||
(2) grant a fiduciary or designated recipient partial | ||
access to the user's account sufficient to perform the | ||
tasks with which the fiduciary or designated recipient is |
charged; or | ||
(3) provide a fiduciary or designated recipient a copy | ||
in a record of any digital asset that, on the date the | ||
custodian received the request for disclosure, the user | ||
could have accessed if the user were alive and had full | ||
capacity and access to the account. | ||
(b) A custodian may assess a reasonable administrative | ||
charge for the cost of disclosing digital assets under this | ||
Act. | ||
(c) A custodian need not disclose under this Act a digital | ||
asset deleted by a user. | ||
(d) If a user directs or a fiduciary requests a custodian | ||
to disclose under this Act some, but not all, of the user's | ||
digital assets, the custodian need not disclose the assets if | ||
segregation of the assets would impose an undue burden on the | ||
custodian. If the custodian believes the direction or request | ||
imposes an undue burden, the custodian or fiduciary may seek an | ||
order from the court to disclose: | ||
(1) a subset limited by date of the user's digital | ||
assets; | ||
(2) all of the user's digital assets to the fiduciary | ||
or designated recipient; | ||
(3) none of the user's digital assets; or | ||
(4) all of the user's digital assets to the court for | ||
review in camera. |
Section 7. Disclosure of content of electronic | ||
communications of deceased user. If a deceased user consented | ||
or a court directs disclosure of the contents of electronic | ||
communications of the user, the custodian shall disclose to the | ||
personal representative of the estate of the user the content | ||
of an electronic communication sent or received by the user if | ||
the representative gives the custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) a certified copy of the death certificate of the | ||
user; | ||
(3) a certified copy of the letter of appointment of | ||
the representative or a court order; | ||
(4) unless the user provided direction using an online | ||
tool, a copy of the user's will, trust, power of attorney, | ||
or other record evidencing the user's consent to disclosure | ||
of the content of electronic communications; and | ||
(5) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the user's account; | ||
(B) evidence linking the account to the user; or | ||
(C) a finding by the court that: | ||
(i) the user had a specific account with the | ||
custodian, identifiable by the information | ||
specified in subparagraph (A); |
(ii) disclosure of the content of electronic | ||
communications of the user would not violate 18 | ||
U.S.C. Section 2701 et seq., as amended, 47 U.S.C. | ||
Section 222, as amended, or other applicable law; | ||
(iii) unless the user provided direction using | ||
an online tool, the user consented to disclosure of | ||
the content of electronic communications; or | ||
(iv) disclosure of the content of electronic | ||
communications of the user is permitted under this | ||
Act and reasonably necessary for administration of | ||
the estate. | ||
Section 8. Disclosure of other digital assets of deceased | ||
user. Unless the user prohibited disclosure of digital assets | ||
or the court directs otherwise, a custodian shall disclose to | ||
the personal representative of the estate of a deceased user a | ||
catalogue of electronic communications sent or received by the | ||
user and digital assets, other than the content of electronic | ||
communications, of the user, if the representative gives the | ||
custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) a certified copy of the death certificate of the | ||
user; | ||
(3) a certified copy of the letter of appointment of | ||
the representative or a court order; and |
(4) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the user's account; | ||
(B) evidence linking the account to the user; | ||
(C) an affidavit stating that disclosure of the | ||
user's digital assets is reasonably necessary for | ||
administration of the estate; or | ||
(D) a finding by the court that: | ||
(i) the user had a specific account with the | ||
custodian, identifiable by the information | ||
specified in subparagraph (A); or | ||
(ii) disclosure of the user's digital assets | ||
is permitted under this Act and reasonably | ||
necessary for administration of the estate. | ||
Section 9. Disclosure of content of electronic | ||
communications of principal. To the extent a power of attorney | ||
expressly grants an agent authority over the content of | ||
electronic communications sent or received by the principal and | ||
unless directed otherwise by the principal or the court, a | ||
custodian shall disclose to the agent the content if the agent | ||
gives the custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) an original or copy of the power of attorney |
expressly granting the agent authority over the content of | ||
electronic communications of the principal; | ||
(3) a certification by the agent, under penalty of | ||
perjury, that the power of attorney is in effect; and | ||
(4) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the principal's account; or | ||
(B) evidence linking the account to the principal. | ||
Section 10. Disclosure of other digital assets of | ||
principal. Unless otherwise ordered by the court, directed by | ||
the principal, or provided by a power of attorney, a custodian | ||
shall disclose to an agent with specific authority over digital | ||
assets or general authority to act on behalf of a principal a | ||
catalogue of electronic communications sent or received by the | ||
principal and digital assets, other than the content of | ||
electronic communications, of the principal if the agent gives | ||
the custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) an original or a copy of the power of attorney that | ||
gives the agent specific authority over digital assets or | ||
general authority to act on behalf of the principal; | ||
(3) a certification by the agent, under penalty of | ||
perjury, that the power of attorney is in effect; and |
(4) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the principal's account; or | ||
(B) evidence linking the account to the principal. | ||
Section 11. Disclosure of digital assets held in trust when | ||
trustee is original user. Unless otherwise ordered by the court | ||
or provided in a trust, a custodian shall disclose to a trustee | ||
that is an original user of an account any digital asset of the | ||
account held in trust, including a catalogue of electronic | ||
communications of the trustee and the content of electronic | ||
communications. | ||
Section 12. Disclosure of contents of electronic | ||
communications held in trust when trustee not original user. | ||
Unless otherwise ordered by the court, directed by the user, or | ||
provided in a trust, a custodian shall disclose to a trustee | ||
that is not an original user of an account the content of an | ||
electronic communication sent or received by an original or | ||
successor user and carried, maintained, processed, received, | ||
or stored by the custodian in the account of the trust if the | ||
trustee gives the custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) a certified copy of the trust instrument that |
includes consent to disclosure of the content of electronic | ||
communications to the trustee; | ||
(3) a certification by the trustee, under penalty of | ||
perjury, that the trust exists and the trustee is a | ||
currently acting trustee of the trust; and | ||
(4) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the trust's account; or | ||
(B) evidence linking the account to the trust. | ||
Section 13. Disclosure of other digital assets held in | ||
trust when trustee not original user. Unless otherwise ordered | ||
by the court, directed by the user, or provided in a trust, a | ||
custodian shall disclose, to a trustee that is not an original | ||
user of an account, a catalogue of electronic communications | ||
sent or received by an original or successor user and stored, | ||
carried, or maintained by the custodian in an account of the | ||
trust and any digital assets, other than the content of | ||
electronic communications, in which the trust has a right or | ||
interest if the trustee gives the custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) a certified copy of the trust instrument; | ||
(3) a certification by the trustee, under penalty of | ||
perjury, that the trust exists and the trustee is a |
currently acting trustee of the trust; and | ||
(4) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the trust's account; or | ||
(B) evidence linking the account to the trust. | ||
Section 14. Disclosure of contents of electronic | ||
communications and digital assets to guardian of person with a | ||
disability. (a) After an opportunity for a hearing under | ||
Article XIa of the Probate Act of 1975, the court may direct | ||
the disclosure of the digital assets of a person with a | ||
disability to his or her guardian. | ||
(b) Unless otherwise ordered by the court or directed by | ||
the user, a custodian shall disclose to a guardian the | ||
catalogue of electronic communications sent or received by a | ||
person with a disability and any digital assets, other than the | ||
content of electronic communications, in which the person with | ||
a disability has a right or interest if the guardian gives the | ||
custodian: | ||
(1) a written request for disclosure in physical or | ||
electronic form; | ||
(2) a certified copy of the court order that gives the | ||
guardian authority over the digital assets of the person | ||
with a disability; and | ||
(3) if requested by the custodian: |
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the account of the person with a | ||
disability; or | ||
(B) evidence linking the account to the person with | ||
a disability. | ||
(c) A guardian with general authority to manage the assets | ||
of a person with a disability may request a custodian of the | ||
digital assets of the person with a disability to suspend or | ||
terminate an account of the person with a disability for good | ||
cause. A request made under this Section must be accompanied by | ||
a certified copy of the court order giving the guardian | ||
authority over the protected person's property. | ||
Section 15. Fiduciary duty and authority. | ||
(a) (Blank). | ||
(b) A fiduciary's or designated recipient's authority with | ||
respect to a digital asset of a user: | ||
(1) except as otherwise provided in Section 4, is | ||
subject to the applicable terms of service; | ||
(2) is subject to other applicable law, including | ||
copyright law; | ||
(3) in the case of a fiduciary, is limited by the scope | ||
of the fiduciary's duties under Illinois law; and | ||
(4) may not be used to impersonate the user. | ||
(c) A fiduciary with authority over the property of a |
decedent, person with a disability, principal, or settlor has | ||
the right to access any digital asset in which the decedent, | ||
person with a disability, principal, or settlor had a right or | ||
interest and that is not held by a custodian or subject to a | ||
terms-of-service agreement. | ||
(d) A fiduciary acting within the scope of the fiduciary's | ||
duties is an authorized user of the property of the decedent, | ||
person with a disability, principal, or settlor for the purpose | ||
of applicable computer-fraud and unauthorized-computer-access | ||
laws, including Subdivision 30 of Article 17 of the Criminal | ||
Code of 2012, and may challenge the validity of an online tool | ||
in court when requesting an order directing compliance with | ||
this Act. | ||
(e) A fiduciary with authority over the tangible, personal | ||
property of a decedent, person with a disability, principal, or | ||
settlor: | ||
(1) has the right to access the property and any | ||
digital asset stored in it; and | ||
(2) is an authorized user for the purpose of | ||
computer-fraud and unauthorized-computer-access laws, | ||
including Subdivision 30 of Article 17 of the Criminal Code | ||
of 2012. | ||
(f) A custodian may disclose information in an account to a | ||
fiduciary of the user when the information is required to | ||
terminate an account used to access digital assets licensed to | ||
the user. |
(g) A fiduciary of a user may request a custodian to | ||
terminate the user's account. A request for termination must be | ||
in writing, in either physical or electronic form, and | ||
accompanied by: | ||
(1) if the user is deceased, a certified copy of the | ||
death certificate of the user; | ||
(2) a certified copy of the letter of appointment of | ||
the representative or a small-estate affidavit or court | ||
order, court order, power of attorney, or trust giving the | ||
fiduciary authority over the account; and | ||
(3) if requested by the custodian: | ||
(A) a number, username, address, or other unique | ||
subscriber or account identifier assigned by the | ||
custodian to identify the user's account; | ||
(B) evidence linking the account to the user; or | ||
(C) a finding by the court that the user had a | ||
specific account with the custodian, identifiable by | ||
the information specified in subparagraph (A). | ||
Section 16. Custodian compliance and immunity. | ||
(a) Not later than 60 days after receipt of the information | ||
required under Sections 7 through 15, a custodian shall comply | ||
with a request under this Act from a fiduciary or designated | ||
recipient to disclose digital assets or terminate an account. | ||
If the custodian fails to comply, the fiduciary or designated | ||
recipient may apply to the court for an order directing |
compliance. | ||
(b) An order under subsection (a) directing compliance must | ||
contain a finding that compliance is not in violation of 18 | ||
U.S.C. Section 2702, as amended. | ||
(c) A custodian may notify the user that a request for | ||
disclosure or to terminate an account was made under this Act. | ||
(d) A custodian may deny a request under this Act from a | ||
fiduciary or designated recipient for disclosure of digital | ||
assets or to terminate an account if the custodian is aware of | ||
any lawful access to the account following the receipt of the | ||
fiduciary's request. | ||
(e) This Act does not limit a custodian's ability to obtain | ||
or require a fiduciary or designated recipient requesting | ||
disclosure or termination under this Act to obtain a court | ||
order which: | ||
(1) specifies that an account belongs to the person | ||
with a disability or principal; | ||
(2) specifies that there is sufficient consent from the | ||
person with a disability or principal to support the | ||
requested disclosure; and | ||
(3) contains a finding required by law other than this | ||
Act. | ||
(f) A custodian and its officers, employees, and agents are | ||
immune from liability for an act or omission done in good | ||
faith, except for willful and wanton misconduct, in compliance | ||
with this Act. |
Section 17. (Blank). | ||
Section 18. Relation to Electronic Signatures in Global and | ||
National Commerce Act. This Act modifies, limits, or supersedes | ||
the Electronic Signatures in Global and National Commerce Act, | ||
15 U.S.C. Section 7001 et seq., but does not modify, limit, or | ||
supersede Section 101(c) of that Act, 15 U.S.C. Section | ||
7001(c), or authorize electronic delivery of any of the notices | ||
described in Section 103(b) of that Act, 15 U.S.C. Section | ||
7003(b). | ||
Section 19. Severability. If any provision of this Act or | ||
its application to any person or circumstance is held invalid, | ||
the invalidity does not affect other provisions or applications | ||
of this Act which can be given effect without the invalid | ||
provision or application, and to this end the provisions of | ||
this Act are severable.
| ||
Section 20. The Criminal Code of 2012 is amended by | ||
changing Sections 17-51 and 17-54 as follows:
| ||
(720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
| ||
Sec. 17-51. Computer tampering.
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(a) A person commits
computer tampering when he or she | ||
knowingly and without the authorization of a
computer's owner |
or in excess of
the authority granted to him or her:
| ||
(1) Accesses or causes to be accessed a computer or any | ||
part thereof, a computer network, or
a program or data;
| ||
(2) Accesses or causes to be accessed a computer or any | ||
part thereof, a computer network, or
a program or data, and | ||
obtains data or services;
| ||
(3) Accesses or causes to be accessed a computer or any
| ||
part thereof, a computer network, or a program or data, and | ||
damages or destroys the computer or
alters, deletes, or | ||
removes a computer program or data;
| ||
(4) Inserts or attempts to insert a program into a | ||
computer or
computer program knowing or having reason to | ||
know that such program contains
information or commands | ||
that will or may: | ||
(A) damage or destroy that computer,
or any other | ||
computer subsequently accessing or being accessed by | ||
that
computer; | ||
(B) alter, delete, or remove a computer program or
| ||
data from that computer, or any other computer program | ||
or data in a
computer subsequently accessing or being | ||
accessed by that computer; or | ||
(C) cause loss to the users of that computer or the | ||
users of a
computer which accesses or which is accessed | ||
by such program; or
| ||
(5) Falsifies or forges electronic mail transmission | ||
information or
other
routing information in any manner in |
connection with the transmission of
unsolicited bulk | ||
electronic mail through or into the computer network of an
| ||
electronic mail service provider or its subscribers.
| ||
(a-5) Distributing software to falsify routing | ||
information. It is unlawful for any person knowingly to sell, | ||
give, or
otherwise
distribute or possess with the intent to | ||
sell, give, or distribute software
which:
| ||
(1) is primarily designed or produced for the purpose | ||
of facilitating or
enabling the falsification of | ||
electronic mail transmission information or
other routing | ||
information; | ||
(2) has only a limited commercially significant
| ||
purpose or use other than to facilitate or enable the | ||
falsification of
electronic
mail transmission information | ||
or other routing information; or | ||
(3) is
marketed by that person or another acting in | ||
concert with that person with
that person's knowledge for | ||
use in facilitating or enabling the falsification
of
| ||
electronic mail transmission information or other routing | ||
information.
| ||
(a-10) For purposes of subsection (a), accessing a computer | ||
network is deemed to be with the authorization of a
computer's | ||
owner if: | ||
(1) 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 | ||
(2) 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 ; or . | ||
(3) The person accesses the computer network in | ||
compliance with the Revised Uniform Fiduciary Access to | ||
Digital Assets Act (2015).
| ||
(b) Sentence.
| ||
(1) A person who commits computer
tampering as set | ||
forth in subdivision (a)(1) or (a)(5) or subsection (a-5) | ||
of this
Section is guilty
of a Class B misdemeanor.
| ||
(2) A person who commits computer tampering as set | ||
forth
in subdivision (a)(2) of this Section is guilty of a | ||
Class A misdemeanor
and a Class 4 felony for the second or | ||
subsequent offense.
| ||
(3) A person who commits computer tampering as set | ||
forth
in subdivision (a)(3) or (a)(4) of this Section is | ||
guilty of a Class 4 felony
and a Class 3 felony for the | ||
second or subsequent offense.
| ||
(4) If an injury arises from the transmission of | ||
unsolicited bulk
electronic
mail, the injured person, | ||
other than an electronic mail service
provider, may also | ||
recover attorney's fees and costs, and may elect, in lieu | ||
of
actual damages, to recover the lesser of $10 for each |
unsolicited
bulk electronic mail message transmitted in | ||
violation of this Section, or
$25,000 per day. The injured | ||
person shall not have a cause of action
against the | ||
electronic mail service provider that merely transmits the
| ||
unsolicited bulk electronic mail over its computer | ||
network.
| ||
(5) If an injury arises from the transmission of | ||
unsolicited bulk
electronic
mail,
an injured electronic | ||
mail service provider may also recover
attorney's fees and | ||
costs, and may elect, in lieu of actual damages, to recover
| ||
the greater of $10 for each unsolicited electronic mail
| ||
advertisement transmitted in violation of this Section, or | ||
$25,000 per day.
| ||
(6) The provisions of this Section shall not be | ||
construed to limit any
person's
right to pursue any | ||
additional civil remedy otherwise allowed by law.
| ||
(c) Whoever suffers loss by reason of a violation of | ||
subdivision (a)(4)
of this Section may, in a civil action | ||
against the violator, obtain
appropriate relief. In
a civil | ||
action under this Section, the court may award to the | ||
prevailing
party reasonable attorney's fees and other | ||
litigation expenses.
| ||
(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10; | ||
96-1551, eff. 7-1-11 .)
| ||
(720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
|
Sec. 17-54. Evidence of lack of authority. For the purposes | ||
of Sections 17-50 through 17-52, the trier of fact may infer | ||
that a person accessed a computer without the authorization of | ||
its owner or in excess of the authority granted if the person | ||
accesses or causes to be accessed a computer, which access
| ||
requires a confidential or proprietary code which has not been | ||
issued to or
authorized for use by that person. This Section | ||
does not apply to a person who acquires access in compliance | ||
with the Revised Uniform Fiduciary Access to Digital Assets Act | ||
(2015).
| ||
(Source: P.A. 96-1551, eff. 7-1-11 .)
| ||
Section 21. Effective date. This Act takes effect upon | ||
becoming law.
|