Illinois General Assembly - Full Text of HB4648
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Full Text of HB4648  99th General Assembly

HB4648enr 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB4648 EnrolledLRB099 17036 HEP 41390 b

1    AN ACT concerning digital assets.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Revised Uniform Fiduciary Access to Digital Assets Act (2015).
 
6    Section 2. Definitions. In this Act:
7    (1) "Account" means an arrangement under a
8terms-of-service agreement in which a custodian carries,
9maintains, processes, receives, or stores a digital asset of
10the user or provides goods or services to the user.
11    (2) "Agent" means an attorney-in-fact granted authority
12under a durable or nondurable power of attorney.
13    (3) "Carries" means engages in the transmission of an
14electronic communication.
15    (4) "Catalogue of electronic communications" means
16information that identifies each person with which a user has
17had an electronic communication, the time and date of the
18communication, and the electronic address of the person.
19    (5) "Guardian" means a person appointed by a court to
20manage the estate of a living individual. The term includes a
21standby or temporary guardian.
22    (6) "Content of an electronic communication" means
23information concerning the substance or meaning of the

 

 

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1communication which:
2        (A) has been sent or received by a user;
3        (B) is in electronic storage by a custodian providing
4    an electronic-communication service to the public or is
5    carried or maintained by a custodian providing a
6    remote-computing service to the public; and
7        (C) is not readily accessible to the public.
8    (7) "Court" means a court of competent jurisdiction.
9    (8) "Custodian" means a person that carries, maintains,
10processes, receives, or stores a digital asset of a user.
11    (9) "Designated recipient" means a person chosen by a user
12using an online tool to administer digital assets of the user.
13    (10) "Digital asset" means an electronic record in which an
14individual has a right or interest. The term does not include
15an underlying asset or liability unless the asset or liability
16is itself an electronic record.
17    (11) "Electronic" means relating to technology having
18electrical, digital, magnetic, wireless, optical,
19electromagnetic, or similar capabilities.
20    (12) "Electronic communication" has the meaning set forth
21in 18 U.S.C. Section 2510(12), as amended.
22    (13) "Electronic communication service" means a custodian
23that provides to a user the ability to send or receive an
24electronic communication.
25    (14) "Fiduciary" means an original, additional, or
26successor personal representative, guardian, agent, or

 

 

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1trustee.
2    (15) "Information" means data, text, images, videos,
3sounds, codes, computer programs, software, databases, or the
4like.
5    (16) "Online tool" means an electronic service provided by
6a custodian that allows a user in an agreement distinct from
7the terms-of-service agreement between the custodian and user,
8to provide directions for disclosure or nondisclosure of
9digital assets to a third person.
10    (17) "Person" means an individual, estate, business or
11nonprofit entity, public corporation, government or
12governmental subdivision, agency, or instrumentality, or other
13legal entity.
14    (18) "Personal representative" means an executor,
15administrator, special administrator, or person that performs
16substantially the same function under law of this state other
17than this Act.
18    (19) "Power of attorney" means a record that grants an
19agent authority to act in the place of a principal.
20    (20) "Principal" means an individual who grants authority
21to an agent in a power of attorney.
22    (21) "Person with a disability" means an individual for
23whom a guardian has been appointed. The term includes an
24individual for whom an application for the appointment of a
25guardian is pending.
26    (22) "Record" means information that is inscribed on a

 

 

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1tangible medium or that is stored in an electronic or other
2medium and is retrievable in perceivable form.
3    (23) "Remote-computing service" means a custodian that
4provides to a user computer-processing services or the storage
5of digital assets by means of an electronic communications
6system, as defined in 18 U.S.C. Section 2510(14), as amended.
7    (24) "Terms-of-service agreement" means an agreement that
8controls the relationship between a user and a custodian.
9    (25) "Trustee" means a fiduciary with legal title to
10property under an agreement or declaration that creates a
11beneficial interest in another. The term includes a successor
12trustee.
13    (26) "User" means a person that has an account with a
14custodian.
15    (27) "Will" includes a codicil, testamentary instrument
16that only appoints an executor, and instrument that revokes or
17revises a testamentary instrument.
 
18    Section 3. Applicability.
19    (a) This Act applies to:
20        (1) a fiduciary acting under a will or power of
21    attorney executed before, on, or after the effective date
22    of this Act;
23        (2) a personal representative acting for a decedent who
24    died before, on, or after the effective date of this Act;
25        (3) a guardianship proceeding commenced before, on, or

 

 

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1    after the effective date of this Act; and
2        (4) a trustee acting under a trust created before, on,
3    or after the effective date of this Act.
4    (b) This Act applies to a custodian if the user resides in
5this state or resided in this state at the time of the user's
6death.
7    (c) This Act does not apply to a digital asset of an
8employer used by an employee in the ordinary course of the
9employer's business.
 
10    Section 4. User direction for disclosure of digital assets.
11    (a) A user may use an online tool to direct the custodian
12to disclose to a designated recipient or not to disclose some
13or all of the user's digital assets, including the content of
14electronic communications. If the online tool allows the user
15to modify or delete a direction at all times, a direction
16regarding disclosure using an online tool overrides a contrary
17direction by the user in a will, trust, power of attorney, or
18other record.
19    (b) If a user has not used an online tool to give direction
20under subsection (a) or if the custodian has not provided an
21online tool, the user may allow or prohibit in a will, trust,
22power of attorney, or other record, disclosure to a fiduciary
23of some or all of the user's digital assets, including the
24content of electronic communications sent or received by the
25user.

 

 

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1    (c) A user's direction under subsection (a) or (b)
2overrides a contrary provision in a terms-of-service agreement
3that does not require the user to act affirmatively and
4distinctly from the user's assent to the terms of service.
 
5    Section 5. Terms-of-service agreement.
6    (a) This Act does not change or impair a right of a
7custodian or a user under a terms-of-service agreement to
8access and use digital assets of the user.
9    (b) This Act does not give a fiduciary or designated
10recipient any new or expanded rights other than those held by
11the user for whom, or for whose estate, the fiduciary or
12designated recipient acts or represents.
13    (c) A fiduciary's or designated recipient's access to
14digital assets may be modified or eliminated by a user, by
15federal law, or by a terms-of-service agreement if the user has
16not provided direction under Section 4.
 
17    Section 6. Procedure for disclosing digital assets.
18    (a) When disclosing digital assets of a user under this
19Act, the custodian may at its sole discretion:
20        (1) grant a fiduciary or designated recipient full
21    access to the user's account;
22        (2) grant a fiduciary or designated recipient partial
23    access to the user's account sufficient to perform the
24    tasks with which the fiduciary or designated recipient is

 

 

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1    charged; or
2        (3) provide a fiduciary or designated recipient a copy
3    in a record of any digital asset that, on the date the
4    custodian received the request for disclosure, the user
5    could have accessed if the user were alive and had full
6    capacity and access to the account.
7    (b) A custodian may assess a reasonable administrative
8charge for the cost of disclosing digital assets under this
9Act.
10    (c) A custodian need not disclose under this Act a digital
11asset deleted by a user.
12    (d) If a user directs or a fiduciary requests a custodian
13to disclose under this Act some, but not all, of the user's
14digital assets, the custodian need not disclose the assets if
15segregation of the assets would impose an undue burden on the
16custodian. If the custodian believes the direction or request
17imposes an undue burden, the custodian or fiduciary may seek an
18order from the court to disclose:
19        (1) a subset limited by date of the user's digital
20    assets;
21        (2) all of the user's digital assets to the fiduciary
22    or designated recipient;
23        (3) none of the user's digital assets; or
24        (4) all of the user's digital assets to the court for
25    review in camera.
 

 

 

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1    Section 7. Disclosure of content of electronic
2communications of deceased user. If a deceased user consented
3or a court directs disclosure of the contents of electronic
4communications of the user, the custodian shall disclose to the
5personal representative of the estate of the user the content
6of an electronic communication sent or received by the user if
7the representative gives the custodian:
8        (1) a written request for disclosure in physical or
9    electronic form;
10        (2) a certified copy of the death certificate of the
11    user;
12        (3) a certified copy of the letter of appointment of
13    the representative or a court order;
14        (4) unless the user provided direction using an online
15    tool, a copy of the user's will, trust, power of attorney,
16    or other record evidencing the user's consent to disclosure
17    of the content of electronic communications; and
18        (5) if requested by the custodian:
19            (A) a number, username, address, or other unique
20        subscriber or account identifier assigned by the
21        custodian to identify the user's account;
22            (B) evidence linking the account to the user; or
23            (C) a finding by the court that:
24                (i) the user had a specific account with the
25            custodian, identifiable by the information
26            specified in subparagraph (A);

 

 

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1                (ii) disclosure of the content of electronic
2            communications of the user would not violate 18
3            U.S.C. Section 2701 et seq., as amended, 47 U.S.C.
4            Section 222, as amended, or other applicable law;
5                (iii) unless the user provided direction using
6            an online tool, the user consented to disclosure of
7            the content of electronic communications; or
8                (iv) disclosure of the content of electronic
9            communications of the user is permitted under this
10            Act and reasonably necessary for administration of
11            the estate.
 
12    Section 8. Disclosure of other digital assets of deceased
13user. Unless the user prohibited disclosure of digital assets
14or the court directs otherwise, a custodian shall disclose to
15the personal representative of the estate of a deceased user a
16catalogue of electronic communications sent or received by the
17user and digital assets, other than the content of electronic
18communications, of the user, if the representative gives the
19custodian:
20        (1) a written request for disclosure in physical or
21    electronic form;
22        (2) a certified copy of the death certificate of the
23    user;
24        (3) a certified copy of the letter of appointment of
25    the representative or a court order; and

 

 

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1        (4) if requested by the custodian:
2            (A) a number, username, address, or other unique
3        subscriber or account identifier assigned by the
4        custodian to identify the user's account;
5            (B) evidence linking the account to the user;
6            (C) an affidavit stating that disclosure of the
7        user's digital assets is reasonably necessary for
8        administration of the estate; or
9            (D) a finding by the court that:
10                (i) the user had a specific account with the
11            custodian, identifiable by the information
12            specified in subparagraph (A); or
13                (ii) disclosure of the user's digital assets
14            is permitted under this Act and reasonably
15            necessary for administration of the estate.
 
16    Section 9. Disclosure of content of electronic
17communications of principal. To the extent a power of attorney
18expressly grants an agent authority over the content of
19electronic communications sent or received by the principal and
20unless directed otherwise by the principal or the court, a
21custodian shall disclose to the agent the content if the agent
22gives the custodian:
23        (1) a written request for disclosure in physical or
24    electronic form;
25        (2) an original or copy of the power of attorney

 

 

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1    expressly granting the agent authority over the content of
2    electronic communications of the principal;
3        (3) a certification by the agent, under penalty of
4    perjury, that the power of attorney is in effect; and
5        (4) if requested by the custodian:
6            (A) a number, username, address, or other unique
7        subscriber or account identifier assigned by the
8        custodian to identify the principal's account; or
9            (B) evidence linking the account to the principal.
 
10    Section 10. Disclosure of other digital assets of
11principal. Unless otherwise ordered by the court, directed by
12the principal, or provided by a power of attorney, a custodian
13shall disclose to an agent with specific authority over digital
14assets or general authority to act on behalf of a principal a
15catalogue of electronic communications sent or received by the
16principal and digital assets, other than the content of
17electronic communications, of the principal if the agent gives
18the custodian:
19        (1) a written request for disclosure in physical or
20    electronic form;
21        (2) an original or a copy of the power of attorney that
22    gives the agent specific authority over digital assets or
23    general authority to act on behalf of the principal;
24        (3) a certification by the agent, under penalty of
25    perjury, that the power of attorney is in effect; and

 

 

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1        (4) if requested by the custodian:
2            (A) a number, username, address, or other unique
3        subscriber or account identifier assigned by the
4        custodian to identify the principal's account; or
5            (B) evidence linking the account to the principal.
 
6    Section 11. Disclosure of digital assets held in trust when
7trustee is original user. Unless otherwise ordered by the court
8or provided in a trust, a custodian shall disclose to a trustee
9that is an original user of an account any digital asset of the
10account held in trust, including a catalogue of electronic
11communications of the trustee and the content of electronic
12communications.
 
13    Section 12. Disclosure of contents of electronic
14communications held in trust when trustee not original user.
15Unless otherwise ordered by the court, directed by the user, or
16provided in a trust, a custodian shall disclose to a trustee
17that is not an original user of an account the content of an
18electronic communication sent or received by an original or
19successor user and carried, maintained, processed, received,
20or stored by the custodian in the account of the trust if the
21trustee gives the custodian:
22        (1) a written request for disclosure in physical or
23    electronic form;
24        (2) a certified copy of the trust instrument that

 

 

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1    includes consent to disclosure of the content of electronic
2    communications to the trustee;
3        (3) a certification by the trustee, under penalty of
4    perjury, that the trust exists and the trustee is a
5    currently acting trustee of the trust; and
6        (4) if requested by the custodian:
7            (A) a number, username, address, or other unique
8        subscriber or account identifier assigned by the
9        custodian to identify the trust's account; or
10            (B) evidence linking the account to the trust.
 
11    Section 13. Disclosure of other digital assets held in
12trust when trustee not original user. Unless otherwise ordered
13by the court, directed by the user, or provided in a trust, a
14custodian shall disclose, to a trustee that is not an original
15user of an account, a catalogue of electronic communications
16sent or received by an original or successor user and stored,
17carried, or maintained by the custodian in an account of the
18trust and any digital assets, other than the content of
19electronic communications, in which the trust has a right or
20interest if the trustee gives the custodian:
21        (1) a written request for disclosure in physical or
22    electronic form;
23        (2) a certified copy of the trust instrument;
24        (3) a certification by the trustee, under penalty of
25    perjury, that the trust exists and the trustee is a

 

 

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1    currently acting trustee of the trust; and
2        (4) if requested by the custodian:
3            (A) a number, username, address, or other unique
4        subscriber or account identifier assigned by the
5        custodian to identify the trust's account; or
6            (B) evidence linking the account to the trust.
 
7    Section 14. Disclosure of contents of electronic
8communications and digital assets to guardian of person with a
9disability.    (a) After an opportunity for a hearing under
10Article XIa of the Probate Act of 1975, the court may direct
11the disclosure of the digital assets of a person with a
12disability to his or her guardian.
13    (b) Unless otherwise ordered by the court or directed by
14the user, a custodian shall disclose to a guardian the
15catalogue of electronic communications sent or received by a
16person with a disability and any digital assets, other than the
17content of electronic communications, in which the person with
18a disability has a right or interest if the guardian gives the
19custodian:
20        (1) a written request for disclosure in physical or
21    electronic form;
22        (2) a certified copy of the court order that gives the
23    guardian authority over the digital assets of the person
24    with a disability; and
25        (3) if requested by the custodian:

 

 

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1            (A) a number, username, address, or other unique
2        subscriber or account identifier assigned by the
3        custodian to identify the account of the person with a
4        disability; or
5            (B) evidence linking the account to the person with
6        a disability.
7    (c) A guardian with general authority to manage the assets
8of a person with a disability may request a custodian of the
9digital assets of the person with a disability to suspend or
10terminate an account of the person with a disability for good
11cause. A request made under this Section must be accompanied by
12a certified copy of the court order giving the guardian
13authority over the protected person's property.
 
14    Section 15. Fiduciary duty and authority.
15    (a) (Blank).
16    (b) A fiduciary's or designated recipient's authority with
17respect to a digital asset of a user:
18        (1) except as otherwise provided in Section 4, is
19    subject to the applicable terms of service;
20        (2) is subject to other applicable law, including
21    copyright law;
22        (3) in the case of a fiduciary, is limited by the scope
23    of the fiduciary's duties under Illinois law; and
24        (4) may not be used to impersonate the user.
25    (c) A fiduciary with authority over the property of a

 

 

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1decedent, person with a disability, principal, or settlor has
2the right to access any digital asset in which the decedent,
3person with a disability, principal, or settlor had a right or
4interest and that is not held by a custodian or subject to a
5terms-of-service agreement.
6    (d) A fiduciary acting within the scope of the fiduciary's
7duties is an authorized user of the property of the decedent,
8person with a disability, principal, or settlor for the purpose
9of applicable computer-fraud and unauthorized-computer-access
10laws, including Subdivision 30 of Article 17 of the Criminal
11Code of 2012, and may challenge the validity of an online tool
12in court when requesting an order directing compliance with
13this Act.
14    (e) A fiduciary with authority over the tangible, personal
15property of a decedent, person with a disability, principal, or
16settlor:
17        (1) has the right to access the property and any
18    digital asset stored in it; and
19        (2) is an authorized user for the purpose of
20    computer-fraud and unauthorized-computer-access laws,
21    including Subdivision 30 of Article 17 of the Criminal Code
22    of 2012.
23    (f) A custodian may disclose information in an account to a
24fiduciary of the user when the information is required to
25terminate an account used to access digital assets licensed to
26the user.

 

 

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1    (g) A fiduciary of a user may request a custodian to
2terminate the user's account. A request for termination must be
3in writing, in either physical or electronic form, and
4accompanied by:
5        (1) if the user is deceased, a certified copy of the
6    death certificate of the user;
7        (2) a certified copy of the letter of appointment of
8    the representative or a small-estate affidavit or court
9    order, court order, power of attorney, or trust giving the
10    fiduciary authority over the account; and
11        (3) if requested by the custodian:
12            (A) a number, username, address, or other unique
13        subscriber or account identifier assigned by the
14        custodian to identify the user's account;
15            (B) evidence linking the account to the user; or
16            (C) a finding by the court that the user had a
17        specific account with the custodian, identifiable by
18        the information specified in subparagraph (A).
 
19    Section 16. Custodian compliance and immunity.
20    (a) Not later than 60 days after receipt of the information
21required under Sections 7 through 15, a custodian shall comply
22with a request under this Act from a fiduciary or designated
23recipient to disclose digital assets or terminate an account.
24If the custodian fails to comply, the fiduciary or designated
25recipient may apply to the court for an order directing

 

 

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1compliance.
2    (b) An order under subsection (a) directing compliance must
3contain a finding that compliance is not in violation of 18
4U.S.C. Section 2702, as amended.
5    (c) A custodian may notify the user that a request for
6disclosure or to terminate an account was made under this Act.
7    (d) A custodian may deny a request under this Act from a
8fiduciary or designated recipient for disclosure of digital
9assets or to terminate an account if the custodian is aware of
10any lawful access to the account following the receipt of the
11fiduciary's request.
12    (e) This Act does not limit a custodian's ability to obtain
13or require a fiduciary or designated recipient requesting
14disclosure or termination under this Act to obtain a court
15order which:
16        (1) specifies that an account belongs to the person
17    with a disability or principal;
18        (2) specifies that there is sufficient consent from the
19    person with a disability or principal to support the
20    requested disclosure; and
21        (3) contains a finding required by law other than this
22    Act.
23    (f) A custodian and its officers, employees, and agents are
24immune from liability for an act or omission done in good
25faith, except for willful and wanton misconduct, in compliance
26with this Act.
 

 

 

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1    Section 17. (Blank).
 
2    Section 18. Relation to Electronic Signatures in Global and
3National Commerce Act. This Act modifies, limits, or supersedes
4the Electronic Signatures in Global and National Commerce Act,
515 U.S.C. Section 7001 et seq., but does not modify, limit, or
6supersede Section 101(c) of that Act, 15 U.S.C. Section
77001(c), or authorize electronic delivery of any of the notices
8described in Section 103(b) of that Act, 15 U.S.C. Section
97003(b).
 
10    Section 19. Severability. If any provision of this Act or
11its application to any person or circumstance is held invalid,
12the invalidity does not affect other provisions or applications
13of this Act which can be given effect without the invalid
14provision or application, and to this end the provisions of
15this Act are severable.
 
16    Section 20. The Criminal Code of 2012 is amended by
17changing Sections 17-51 and 17-54 as follows:
 
18    (720 ILCS 5/17-51)  (was 720 ILCS 5/16D-3)
19    Sec. 17-51. Computer tampering.
20    (a) A person commits computer tampering when he or she
21knowingly and without the authorization of a computer's owner

 

 

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1or in excess of the authority granted to him or her:
2        (1) Accesses or causes to be accessed a computer or any
3    part thereof, a computer network, or a program or data;
4        (2) Accesses or causes to be accessed a computer or any
5    part thereof, a computer network, or a program or data, and
6    obtains data or services;
7        (3) Accesses or causes to be accessed a computer or any
8    part thereof, a computer network, or a program or data, and
9    damages or destroys the computer or alters, deletes, or
10    removes a computer program or data;
11        (4) Inserts or attempts to insert a program into a
12    computer or computer program knowing or having reason to
13    know that such program contains information or commands
14    that will or may:
15            (A) damage or destroy that computer, or any other
16        computer subsequently accessing or being accessed by
17        that computer;
18            (B) alter, delete, or remove a computer program or
19        data from that computer, or any other computer program
20        or data in a computer subsequently accessing or being
21        accessed by that computer; or
22            (C) cause loss to the users of that computer or the
23        users of a computer which accesses or which is accessed
24        by such program; or
25        (5) Falsifies or forges electronic mail transmission
26    information or other routing information in any manner in

 

 

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1    connection with the transmission of unsolicited bulk
2    electronic mail through or into the computer network of an
3    electronic mail service provider or its subscribers.
4    (a-5) Distributing software to falsify routing
5information. It is unlawful for any person knowingly to sell,
6give, or otherwise distribute or possess with the intent to
7sell, give, or distribute software which:
8        (1) is primarily designed or produced for the purpose
9    of facilitating or enabling the falsification of
10    electronic mail transmission information or other routing
11    information;
12        (2) has only a limited commercially significant
13    purpose or use other than to facilitate or enable the
14    falsification of electronic mail transmission information
15    or other routing information; or
16        (3) is marketed by that person or another acting in
17    concert with that person with that person's knowledge for
18    use in facilitating or enabling the falsification of
19    electronic mail transmission information or other routing
20    information.
21    (a-10) For purposes of subsection (a), accessing a computer
22network is deemed to be with the authorization of a computer's
23owner if:
24        (1) the owner authorizes patrons, customers, or guests
25    to access the computer network and the person accessing the
26    computer network is an authorized patron, customer, or

 

 

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1    guest and complies with all terms or conditions for use of
2    the computer network that are imposed by the owner; or
3        (2) the owner authorizes the public to access the
4    computer network and the person accessing the computer
5    network complies with all terms or conditions for use of
6    the computer network that are imposed by the owner; or .
7        (3) The person accesses the computer network in
8    compliance with the Revised Uniform Fiduciary Access to
9    Digital Assets Act (2015).
10    (b) Sentence.
11        (1) A person who commits computer tampering as set
12    forth in subdivision (a)(1) or (a)(5) or subsection (a-5)
13    of this Section is guilty of a Class B misdemeanor.
14        (2) A person who commits computer tampering as set
15    forth in subdivision (a)(2) of this Section is guilty of a
16    Class A misdemeanor and a Class 4 felony for the second or
17    subsequent offense.
18        (3) A person who commits computer tampering as set
19    forth in subdivision (a)(3) or (a)(4) of this Section is
20    guilty of a Class 4 felony and a Class 3 felony for the
21    second or subsequent offense.
22        (4) If an injury arises from the transmission of
23    unsolicited bulk electronic mail, the injured person,
24    other than an electronic mail service provider, may also
25    recover attorney's fees and costs, and may elect, in lieu
26    of actual damages, to recover the lesser of $10 for each

 

 

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1    unsolicited bulk electronic mail message transmitted in
2    violation of this Section, or $25,000 per day. The injured
3    person shall not have a cause of action against the
4    electronic mail service provider that merely transmits the
5    unsolicited bulk electronic mail over its computer
6    network.
7        (5) If an injury arises from the transmission of
8    unsolicited bulk electronic mail, an injured electronic
9    mail service provider may also recover attorney's fees and
10    costs, and may elect, in lieu of actual damages, to recover
11    the greater of $10 for each unsolicited electronic mail
12    advertisement transmitted in violation of this Section, or
13    $25,000 per day.
14        (6) The provisions of this Section shall not be
15    construed to limit any person's right to pursue any
16    additional civil remedy otherwise allowed by law.
17    (c) Whoever suffers loss by reason of a violation of
18subdivision (a)(4) of this Section may, in a civil action
19against the violator, obtain appropriate relief. In a civil
20action under this Section, the court may award to the
21prevailing party reasonable attorney's fees and other
22litigation expenses.
23(Source: P.A. 95-326, eff. 1-1-08; 96-1000, eff. 7-2-10;
2496-1551, eff. 7-1-11.)
 
25    (720 ILCS 5/17-54)  (was 720 ILCS 5/16D-7)

 

 

HB4648 Enrolled- 24 -LRB099 17036 HEP 41390 b

1    Sec. 17-54. Evidence of lack of authority. For the purposes
2of Sections 17-50 through 17-52, the trier of fact may infer
3that a person accessed a computer without the authorization of
4its owner or in excess of the authority granted if the person
5accesses or causes to be accessed a computer, which access
6requires a confidential or proprietary code which has not been
7issued to or authorized for use by that person. This Section
8does not apply to a person who acquires access in compliance
9with the Revised Uniform Fiduciary Access to Digital Assets Act
10(2015).
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    Section 21. Effective date. This Act takes effect upon
13becoming law.