Full Text of SB0137 95th General Assembly
SB0137enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| Anti-Phishing Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Electronic mail message" means a message sent to a unique | 8 |
| destination, commonly expressed as a string of characters, | 9 |
| consisting of a unique user name or mailbox (commonly referred | 10 |
| to as the "local part") and a reference to an Internet domain | 11 |
| (commonly referred to as the "domain part"), whether or not | 12 |
| displayed, to which an electronic message can be sent or | 13 |
| delivered. | 14 |
| "Identifying information" means, with respect to an | 15 |
| individual, any of the following: | 16 |
| (1) Social security number. | 17 |
| (2) Driver's license number. | 18 |
| (3) Bank account number. | 19 |
| (4) Credit card or debit card number. | 20 |
| (5) Personal identification number (PIN). | 21 |
| (6) Automated or electronic signature. | 22 |
| (7) Unique biometric data. | 23 |
| (8) Account password. |
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| (9) Any other piece of information that can be used to | 2 |
| access an individual's financial accounts or to obtain | 3 |
| goods or services. | 4 |
| "Internet" means the global information system that is
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| logically linked together by a globally unique address space | 6 |
| based on
the Internet Protocol (IP), or its subsequent | 7 |
| extensions, and that
is able to support communications using | 8 |
| the Transmission Control
Protocol/Internet Protocol (TCP/IP) | 9 |
| suite, or its subsequent
extensions, or other IP-compatible | 10 |
| protocols, and that provides,
uses, or makes accessible, either | 11 |
| publicly or privately, high level
services layered on the | 12 |
| communications and related infrastructure. | 13 |
| "Web page" means a location that has a single uniform | 14 |
| resource locator or other single location with respect to the | 15 |
| Internet. | 16 |
| Section 10. Prohibitions. It is unlawful for any person, by | 17 |
| means of a Web page, electronic mail message, or otherwise | 18 |
| through use of the Internet, to solicit, request, or take any | 19 |
| action to induce another person to provide identifying | 20 |
| information by representing himself, herself, or itself to be a | 21 |
| business without the authority or approval of the business. | 22 |
| Section 15. Actions. | 23 |
| (a) The following persons may bring an action against a | 24 |
| 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 | 2 |
| providing Internet access service to the public, owns a Web | 3 |
| page, or owns a trademark, and (B) is adversely affected by | 4 |
| a violation of Section 10. | 5 |
| An action brought under this paragraph may seek to | 6 |
| recover the greater of actual damages or $500,000. | 7 |
| (2) An individual who is adversely affected by a | 8 |
| violation of Section 10 may bring an action, but only | 9 |
| against a person who has directly violated Section 10. | 10 |
| An action brought under this paragraph may seek to | 11 |
| enjoin further violations of Section 10 and to recover the | 12 |
| greater of 3 times the amount of actual damages or $5,000 | 13 |
| per violation. | 14 |
| (b) The Attorney General or a State's Attorney may bring an | 15 |
| action against a person who violates or is in violation of | 16 |
| Section 10 to enjoin further violations of Section 10 and to | 17 |
| recover a civil penalty of up to $2,500 per violation. | 18 |
| (c) In an action pursuant to this Section, a court may, in | 19 |
| addition, do either or both of the following: | 20 |
| (1) Increase the recoverable damages to an amount up to | 21 |
| 3 times the damages otherwise recoverable under subsection | 22 |
| (a) in cases in which the defendant has engaged in a | 23 |
| pattern and practice of violating Section 10. | 24 |
| (2) Award costs of suit and reasonable attorney's fees | 25 |
| to a prevailing plaintiff. | 26 |
| (d) The remedies provided in this Section do not preclude |
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| the seeking of remedies, including criminal remedies, under any | 2 |
| other applicable provision of law. | 3 |
| (e) For purposes of paragraph (1) of subsection (a), | 4 |
| multiple violations of Section 10 resulting from any single | 5 |
| action or conduct shall constitute one violation.
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