IL
Illinois House Bill HB1621

Illinois 2023-2024 Regular Session

Illinois House Bill HB1621 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1621 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7 Amends the Criminal Code of 2012. Provides that 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 falsifies or forges electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission (rather than the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers). Provides that computer tampering by knowingly and without authorization of a computer's owner or in excess of the authority granted to him or her: (1) accessing or causing to be accessed a computer or any part thereof, a computer network, or a program or data; or (2) falsifying or forging electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission is a Class A (rather than a Class B) misdemeanor. Creates the offense of purchasing hacking software. Provides that a person commits the offense when he or she knowingly purchases hacking software with the intent to use or employ that software for the purpose of introduction into a computer, computer system, or computer network, without the authorization of the computer owner. Provides that a violation is a Class B misdemeanor. Defines "hacking software". LRB103 25558 RLC 51907 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1621 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED: 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7 Amends the Criminal Code of 2012. Provides that 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 falsifies or forges electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission (rather than the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers). Provides that computer tampering by knowingly and without authorization of a computer's owner or in excess of the authority granted to him or her: (1) accessing or causing to be accessed a computer or any part thereof, a computer network, or a program or data; or (2) falsifying or forging electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission is a Class A (rather than a Class B) misdemeanor. Creates the offense of purchasing hacking software. Provides that a person commits the offense when he or she knowingly purchases hacking software with the intent to use or employ that software for the purpose of introduction into a computer, computer system, or computer network, without the authorization of the computer owner. Provides that a violation is a Class B misdemeanor. Defines "hacking software". LRB103 25558 RLC 51907 b LRB103 25558 RLC 51907 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1621 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
33 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7
44 720 ILCS 5/17-51 was 720 ILCS 5/16D-3
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77 Amends the Criminal Code of 2012. Provides that 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 falsifies or forges electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission (rather than the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers). Provides that computer tampering by knowingly and without authorization of a computer's owner or in excess of the authority granted to him or her: (1) accessing or causing to be accessed a computer or any part thereof, a computer network, or a program or data; or (2) falsifying or forging electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission is a Class A (rather than a Class B) misdemeanor. Creates the offense of purchasing hacking software. Provides that a person commits the offense when he or she knowingly purchases hacking software with the intent to use or employ that software for the purpose of introduction into a computer, computer system, or computer network, without the authorization of the computer owner. Provides that a violation is a Class B misdemeanor. Defines "hacking software".
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1313 1 AN ACT concerning criminal law.
1414 2 Be it enacted by the People of the State of Illinois,
1515 3 represented in the General Assembly:
1616 4 Section 5. The Criminal Code of 2012 is amended by
1717 5 changing Sections 17-51 and 17-54 by adding Section 17-53 as
1818 6 follows:
1919 7 (720 ILCS 5/17-51) (was 720 ILCS 5/16D-3)
2020 8 Sec. 17-51. Computer tampering.
2121 9 (a) A person commits computer tampering when he or she
2222 10 knowingly and without the authorization of a computer's owner
2323 11 or in excess of the authority granted to him or her:
2424 12 (1) Accesses or causes to be accessed a computer or
2525 13 any part thereof, a computer network, or a program or
2626 14 data;
2727 15 (2) Accesses or causes to be accessed a computer or
2828 16 any part thereof, a computer network, or a program or
2929 17 data, and obtains data or services;
3030 18 (3) Accesses or causes to be accessed a computer or
3131 19 any part thereof, a computer network, or a program or
3232 20 data, and damages or destroys the computer or alters,
3333 21 deletes, or removes a computer program or data;
3434 22 (4) Inserts or attempts to insert a program into a
3535 23 computer or computer program knowing or having reason to
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3939 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1621 Introduced , by Rep. Dan Caulkins SYNOPSIS AS INTRODUCED:
4040 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7 720 ILCS 5/17-51 was 720 ILCS 5/16D-3 720 ILCS 5/17-53 new 720 ILCS 5/17-54 was 720 ILCS 5/16D-7
4141 720 ILCS 5/17-51 was 720 ILCS 5/16D-3
4242 720 ILCS 5/17-53 new
4343 720 ILCS 5/17-54 was 720 ILCS 5/16D-7
4444 Amends the Criminal Code of 2012. Provides that 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 falsifies or forges electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission (rather than the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers). Provides that computer tampering by knowingly and without authorization of a computer's owner or in excess of the authority granted to him or her: (1) accessing or causing to be accessed a computer or any part thereof, a computer network, or a program or data; or (2) falsifying or forging electronic mail transmission information or other routing information in any manner in connection with delivery of code, software, or hyperlinks to deliver software or code designed to manipulate a computer to allow for remote manipulation without the computer owner's permission is a Class A (rather than a Class B) misdemeanor. Creates the offense of purchasing hacking software. Provides that a person commits the offense when he or she knowingly purchases hacking software with the intent to use or employ that software for the purpose of introduction into a computer, computer system, or computer network, without the authorization of the computer owner. Provides that a violation is a Class B misdemeanor. Defines "hacking software".
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7474 1 know that such program contains information or commands
7575 2 that will or may:
7676 3 (A) damage or destroy that computer, or any other
7777 4 computer subsequently accessing or being accessed by
7878 5 that computer;
7979 6 (B) alter, delete, or remove a computer program or
8080 7 data from that computer, or any other computer program
8181 8 or data in a computer subsequently accessing or being
8282 9 accessed by that computer; or
8383 10 (C) cause loss to the users of that computer or the
8484 11 users of a computer which accesses or which is
8585 12 accessed by such program; or
8686 13 (5) Falsifies or forges electronic mail transmission
8787 14 information or other routing information in any manner in
8888 15 connection with delivery of code, software, or hyperlinks
8989 16 to deliver software or code designed to manipulate a
9090 17 computer to allow for remote manipulation without the
9191 18 computer owner's permission the transmission of
9292 19 unsolicited bulk electronic mail through or into the
9393 20 computer network of an electronic mail service provider or
9494 21 its subscribers.
9595 22 (a-5) Distributing software to falsify routing
9696 23 information. It is unlawful for any person knowingly to sell,
9797 24 give, or otherwise distribute or possess with the intent to
9898 25 sell, give, or distribute software which:
9999 26 (1) is primarily designed or produced for the purpose
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110110 1 of facilitating or enabling the falsification of
111111 2 electronic mail transmission information or other routing
112112 3 information;
113113 4 (2) has only a limited commercially significant
114114 5 purpose or use other than to facilitate or enable the
115115 6 falsification of electronic mail transmission information
116116 7 or other routing information; or
117117 8 (3) is marketed by that person or another acting in
118118 9 concert with that person with that person's knowledge for
119119 10 use in facilitating or enabling the falsification of
120120 11 electronic mail transmission information or other routing
121121 12 information.
122122 13 (a-10) For purposes of subsection (a), accessing a
123123 14 computer network is deemed to be with the authorization of a
124124 15 computer's owner if:
125125 16 (1) the owner authorizes patrons, customers, or guests
126126 17 to access the computer network and the person accessing
127127 18 the computer network is an authorized patron, customer, or
128128 19 guest and complies with all terms or conditions for use of
129129 20 the computer network that are imposed by the owner;
130130 21 (2) the owner authorizes the public to access the
131131 22 computer network and the person accessing the computer
132132 23 network complies with all terms or conditions for use of
133133 24 the computer network that are imposed by the owner; or
134134 25 (3) the person accesses the computer network in
135135 26 compliance with the Revised Uniform Fiduciary Access to
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146146 1 Digital Assets Act (2015).
147147 2 (b) Sentence.
148148 3 (1) A person who commits computer tampering as set
149149 4 forth in subdivision (a)(1) or (a)(5) or subsection (a-5)
150150 5 of this Section is guilty of a Class A B misdemeanor.
151151 6 (2) A person who commits computer tampering as set
152152 7 forth in subdivision (a)(2) of this Section is guilty of a
153153 8 Class A misdemeanor and a Class 4 felony for the second or
154154 9 subsequent offense.
155155 10 (3) A person who commits computer tampering as set
156156 11 forth in subdivision (a)(3) or (a)(4) of this Section is
157157 12 guilty of a Class 4 felony and a Class 3 felony for the
158158 13 second or subsequent offense.
159159 14 (4) If an injury arises from the transmission of
160160 15 unsolicited bulk electronic mail, the injured person,
161161 16 other than an electronic mail service provider, may also
162162 17 recover attorney's fees and costs, and may elect, in lieu
163163 18 of actual damages, to recover the lesser of $10 for each
164164 19 unsolicited bulk electronic mail message transmitted in
165165 20 violation of this Section, or $25,000 per day. The injured
166166 21 person shall not have a cause of action against the
167167 22 electronic mail service provider that merely transmits the
168168 23 unsolicited bulk electronic mail over its computer
169169 24 network.
170170 25 (5) If an injury arises from the transmission of
171171 26 unsolicited bulk electronic mail, an injured electronic
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182182 1 mail service provider may also recover attorney's fees and
183183 2 costs, and may elect, in lieu of actual damages, to
184184 3 recover the greater of $10 for each unsolicited electronic
185185 4 mail advertisement transmitted in violation of this
186186 5 Section, or $25,000 per day.
187187 6 (6) The provisions of this Section shall not be
188188 7 construed to limit any person's right to pursue any
189189 8 additional civil remedy otherwise allowed by law.
190190 9 (c) Whoever suffers loss by reason of a violation of
191191 10 subdivision (a)(4) of this Section may, in a civil action
192192 11 against the violator, obtain appropriate relief. In a civil
193193 12 action under this Section, the court may award to the
194194 13 prevailing party reasonable attorney's fees and other
195195 14 litigation expenses.
196196 15 (Source: P.A. 99-775, eff. 8-12-16.)
197197 16 (720 ILCS 5/17-53 new)
198198 17 Sec. 17-53. Purchasing hacking software.
199199 18 (a) In this section, "hacking software" means a computer
200200 19 or data contaminant, encryption, or lock that when placed or
201201 20 introduced without authorization into a computer, computer
202202 21 system, or computer network allows the individual who
203203 22 introduced the software to access the computer, computer
204204 23 system, or computer network without the knowledge of the
205205 24 owner.
206206 25 (b) A person commits purchasing hacking software when he
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217217 1 or she knowingly purchases hacking software with the intent to
218218 2 use or employ that software for the purpose of introduction
219219 3 into a computer, computer system, or computer network, without
220220 4 the authorization of the computer owner.
221221 5 (c) Sentence. Purchasing hacking software is a Class B
222222 6 misdemeanor.
223223 7 (720 ILCS 5/17-54) (was 720 ILCS 5/16D-7)
224224 8 Sec. 17-54. Evidence of lack of authority. For the
225225 9 purposes of Sections 17-50 through 17-53 17-52, the trier of
226226 10 fact may infer that a person accessed a computer without the
227227 11 authorization of its owner or in excess of the authority
228228 12 granted if the person accesses or causes to be accessed a
229229 13 computer, which access requires a confidential or proprietary
230230 14 code which has not been issued to or authorized for use by that
231231 15 person. This Section does not apply to a person who acquires
232232 16 access in compliance with the Revised Uniform Fiduciary Access
233233 17 to Digital Assets Act (2015).
234234 18 (Source: P.A. 99-775, eff. 8-12-16.)
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