Full Text of SB2521 93rd General Assembly
SB2521 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2521
Introduced 2/3/2004, by Don Harmon SYNOPSIS AS INTRODUCED: |
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Amends the Criminal Code of 1961. Makes a technical change in a Section that defines "communication device", "communication service", "communication service provider", "unlawful communication device", "manufacture or assembly of an unlawful communication device", "unlawful access device", and "manufacture or assembly of an unlawful access device".
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A BILL FOR
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SB2521 |
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LRB093 20379 RLC 46149 b |
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| AN ACT concerning criminal law.
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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 5. The Criminal Code of 1961 is amended by changing | 5 |
| Section 16-18 as follows:
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| (720 ILCS 5/16-18)
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| Sec. 16-18. Unlawful communication and access devices; | 8 |
| definitions. As used
In
Sections 16-19, 16-20, and
16-21, | 9 |
| unless the context otherwise indicates:
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| "Communication device" means any type of instrument, | 11 |
| device, machine, or
equipment which is
capable of transmitting, | 12 |
| acquiring, decrypting, or receiving any telephonic,
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| electronic, data, Internet access, audio, video,
microwave, or | 14 |
| radio transmissions, signals, communications, or services,
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| including the receipt, acquisition, transmission, or
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| decryption of all such communications, transmissions, signals, | 17 |
| or services
provided by or through any cable television,
fiber | 18 |
| optic, telephone, satellite, microwave, radio, Internet-based, | 19 |
| data
transmission, or wireless distribution network,
system or | 20 |
| facility; or any part, accessory, or component thereof, | 21 |
| including any
computer circuit, security module, smart
card, | 22 |
| software, computer chip, electronic mechanism or other | 23 |
| component,
accessory or part of any communication device
which | 24 |
| is capable of facilitating the transmission, decryption, | 25 |
| acquisition or
reception of all such communications,
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| transmissions, signals, or services.
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| "Communication service" means any service lawfully | 28 |
| provided for a charge or
compensation to
facilitate the lawful | 29 |
| origination, transmission, emission, or reception of
signs, | 30 |
| signals, data, writings, images, and
sounds or intelligence of | 31 |
| any nature by telephone, including cellular
telephones or a | 32 |
| wire, wireless, radio,
electromagnetic, photo-electronic or |
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SB2521 |
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LRB093 20379 RLC 46149 b |
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| photo-optical system; and also any service
lawfully provided by | 2 |
| any radio,
telephone, cable television, fiber optic, | 3 |
| satellite, microwave, Internet-based
or wireless distribution | 4 |
| network, system,
facility or technology, including, but not | 5 |
| limited to, any and all electronic,
data, video, audio, | 6 |
| Internet access,
telephonic, microwave and radio | 7 |
| communications, transmissions, signals and
services, and any | 8 |
| such
communications, transmissions, signals and services | 9 |
| lawfully provided directly
or indirectly by or through any of
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| those networks, systems, facilities or technologies.
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| "Communication service provider" means: (1) any person or | 12 |
| entity providing
any communication
service, whether directly | 13 |
| or indirectly, as a reseller, including, but not
limited to, a | 14 |
| cellular, paging or other wireless
communications company or | 15 |
| other person or entity which, for a fee, supplies the
facility, | 16 |
| cell site, mobile telephone
switching office or other equipment | 17 |
| or communication service; (2) any person or
entity owning or | 18 |
| operating any
cable television, fiber optic, satellite, | 19 |
| telephone, wireless, microwave,
radio, data transmission or | 20 |
| Internet-based
distribution network, system or facility; and | 21 |
| (3) any person or entity
providing any communication service | 22 |
| directly or
indirectly by or through any such distribution | 23 |
| system, network or facility.
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| "Unlawful communication device" means any electronic | 25 |
| serial number, mobile
identification
number, personal | 26 |
| identification number or any communication device that
is | 27 |
| capable of acquiring or facilitating the
acquisition of a | 28 |
| communication service without the express consent or express
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| authorization of the communication
service provider, or that | 30 |
| has been altered, modified, programmed or
reprogrammed, alone | 31 |
| or in conjunction with
another communication device or other | 32 |
| equipment, to so acquire or facilitate
the unauthorized | 33 |
| acquisition of a
communication service. "Unlawful | 34 |
| communication device" also means:
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| (1) any phone altered to obtain service without the | 36 |
| express consent or
express
authorization of the |
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SB2521 |
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LRB093 20379 RLC 46149 b |
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| communication service provider, tumbler phone,
counterfeit | 2 |
| or
clone phone, tumbler microchip, counterfeit or clone | 3 |
| microchip or other
instrument
capable of disguising its | 4 |
| identity or location or of gaining unauthorized
access to a
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| communications system operated by a communication service | 6 |
| provider; and
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| (2) any communication device which is capable of, or | 8 |
| has been altered,
designed,
modified, programmed or | 9 |
| reprogrammed, alone or in conjunction with another
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| communication device or devices, so as to be capable of, | 11 |
| facilitating the
disruption,
acquisition, receipt, | 12 |
| transmission or decryption of a communication service
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| without the
express consent or express authorization of the | 14 |
| communication service provider,
including, but not limited | 15 |
| to, any device, technology, product, service,
equipment,
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| computer software or component or part thereof, primarily | 17 |
| distributed, sold,
designed,
assembled, manufactured, | 18 |
| modified, programmed, reprogrammed or used for the
purpose
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| of providing the unauthorized receipt of, transmission of, | 20 |
| disruption of,
decryption of,
access to or acquisition of | 21 |
| any communication service provided by any
communication
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| service provider.
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| "Manufacture or assembly of an unlawful communication | 24 |
| device" means to make,
produce or
assemble an unlawful | 25 |
| communication device or to modify, alter, program or
reprogram | 26 |
| a communication device to
be capable of acquiring, disrupting, | 27 |
| receiving, transmitting, decrypting, or
facilitating the | 28 |
| acquisition, disruption,
receipt, transmission or decryption | 29 |
| of, a communication service without the
express consent or | 30 |
| express
authorization of the communication service provider, | 31 |
| or to knowingly assist
others in those activities.
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| "Unlawful access device" means any type of instrument, | 33 |
| device, machine,
equipment,
technology, or software which is | 34 |
| primarily possessed, used, designed,
assembled,
manufactured, | 35 |
| sold, distributed or offered, promoted or advertised for
the | 36 |
| purpose
of defeating or circumventing any technology, device or |
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LRB093 20379 RLC 46149 b |
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| software, or any
component or
part thereof, used by the | 2 |
| provider, owner or licensee of any communication
service or of
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| any data, audio or video programs or transmissions to protect | 4 |
| any such
communication,
audio
or video services, programs or | 5 |
| transmissions from unauthorized access,
acquisition,
receipt, | 6 |
| decryption, disclosure, communication, transmission or
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| re-transmission.
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| "Manufacture or assembly of an unlawful access device" | 9 |
| means to make, produce
or
assemble an unlawful access device or | 10 |
| to modify, alter, program or re-program
any
instrument, device, | 11 |
| machine, equipment or software so that it is capable of
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| defeating or
circumventing any technology, device or software | 13 |
| used by the provider, owner or
licensee
of a communication | 14 |
| service or of any data, audio or video programs or
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| transmissions to
protect any such communication, data, audio or | 16 |
| video services, programs or
transmissions from unauthorized | 17 |
| access, acquisition, disclosure, receipt,
decryption,
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| communication, transmission or re-transmission.
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| (Source: P.A. 92-728, eff. 1-1-03.)
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