Illinois 2023-2024 Regular Session

Illinois House Bill HB2954 Compare Versions

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1-Public Act 103-0439
21 HB2954 EnrolledLRB103 30878 LNS 57401 b HB2954 Enrolled LRB103 30878 LNS 57401 b
32 HB2954 Enrolled LRB103 30878 LNS 57401 b
4-AN ACT concerning civil law.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Section 1. Short title. This Act may be cited as the Civil
8-Liability for Doxing Act.
9-Section 5. Definitions. As used in this Act:
10-"Course of conduct" means a pattern of conduct composed of
11-2 or more acts, evidencing a continuity of purpose.
12-"Electronic communication" means any transfer of signs,
13-signals, writing, images, sounds, data, or intelligence of any
14-nature transmitted in whole or in part by a wire, radio,
15-electromagnetic, photoelectronic, or photo-optical system.
16-"Emotional distress" means significant mental suffering,
17-anxiety, or alarm. "Emotional distress" is limited to
18-emotional suffering that is protracted and not merely trivial
19-or transitory.
20-"Family or household member" has the meaning given to the
21-term "family or household members" in Section 103 of the
22-Illinois Domestic Violence Act of 1986.
23-"Personally identifiable information" means any
24-information that can be used to distinguish or trace a
25-person's identity, such as name, prior legal name, alias,
26-mother's maiden name, and date or place of birth in
3+1 AN ACT concerning civil law.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Section 1. Short title. This Act may be cited as the Civil
7+5 Liability for Doxing Act.
8+6 Section 5. Definitions. As used in this Act:
9+7 "Course of conduct" means a pattern of conduct composed of
10+8 2 or more acts, evidencing a continuity of purpose.
11+9 "Electronic communication" means any transfer of signs,
12+10 signals, writing, images, sounds, data, or intelligence of any
13+11 nature transmitted in whole or in part by a wire, radio,
14+12 electromagnetic, photoelectronic, or photo-optical system.
15+13 "Emotional distress" means significant mental suffering,
16+14 anxiety, or alarm. "Emotional distress" is limited to
17+15 emotional suffering that is protracted and not merely trivial
18+16 or transitory.
19+17 "Family or household member" has the meaning given to the
20+18 term "family or household members" in Section 103 of the
21+19 Illinois Domestic Violence Act of 1986.
22+20 "Personally identifiable information" means any
23+21 information that can be used to distinguish or trace a
24+22 person's identity, such as name, prior legal name, alias,
25+23 mother's maiden name, and date or place of birth in
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33-combination with any other information that is linked or
34-linkable to a person such as:
35-(1) social security number, home address, phone
36-number, email address, social media accounts, or biometric
37-data;
38-(2) medical, financial, education, consumer, or
39-employment information, data, or records;
40-(3) any other sensitive or private information that is
41-linked or linkable to a specific identifiable person, such
42-as gender identity, sexual orientation, or any sexually
43-intimate visual depiction; or
44-(4) any information that provides access to a person's
45-teleconferencing, video-teleconferencing, or other
46-digital meeting room.
47-"Post" means to circulate, deliver, distribute,
48-disseminate, transmit, or otherwise make available to 2 or
49-more persons through electronic communication.
50-"Publish" means to circulate, deliver, distribute,
51-disseminate, post, transmit, or otherwise make available to
52-another person. "Publish" does not include writing or
53-electronically communicating to one other person in private
54-communications for which an individual has a reasonable
55-expectation of privacy.
56-"Regularly resides" means residing in the household with
57-some permanency or regular frequency in the person's living
58-arrangement.
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34+1 combination with any other information that is linked or
35+2 linkable to a person such as:
36+3 (1) social security number, home address, phone
37+4 number, email address, social media accounts, or biometric
38+5 data;
39+6 (2) medical, financial, education, consumer, or
40+7 employment information, data, or records;
41+8 (3) any other sensitive or private information that is
42+9 linked or linkable to a specific identifiable person, such
43+10 as gender identity, sexual orientation, or any sexually
44+11 intimate visual depiction; or
45+12 (4) any information that provides access to a person's
46+13 teleconferencing, video-teleconferencing, or other
47+14 digital meeting room.
48+15 "Post" means to circulate, deliver, distribute,
49+16 disseminate, transmit, or otherwise make available to 2 or
50+17 more persons through electronic communication.
51+18 "Publish" means to circulate, deliver, distribute,
52+19 disseminate, post, transmit, or otherwise make available to
53+20 another person. "Publish" does not include writing or
54+21 electronically communicating to one other person in private
55+22 communications for which an individual has a reasonable
56+23 expectation of privacy.
57+24 "Regularly resides" means residing in the household with
58+25 some permanency or regular frequency in the person's living
59+26 arrangement.
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61-"Stalk" or "stalking" has the meaning provided in Section
62-12-7.3 of the Criminal Code of 2012, except that "stalking"
63-does not include an activity that is part of a protest that is
64-protected by the United States Constitution or the Illinois
65-Constitution.
66-"Substantial life disruption" means a material and
67-significant alteration of an individual's livelihood.
68-"Substantial life disruption" may include, but is not limited
69-to, moving from an established residence, changing routes to
70-and from work, changing employment or work schedule, or losing
71-time at work or a job.
72-Section 10. Doxing.
73-(a) An individual engages in the act of doxing when that
74-individual intentionally publishes another person's personally
75-identifiable information without the consent of the person
76-whose information is published and:
77-(1) the information is published with the intent that
78-it be used to harm or harass the person whose information
79-is published and with knowledge or reckless disregard that
80-the person whose information is published would be
81-reasonably likely to suffer death, bodily injury, or
82-stalking; and
83-(2) the publishing of the information:
84-(i) causes the person whose information is
85-published to suffer significant economic injury or
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88-emotional distress or to fear serious bodily injury or
89-death of the person or a family or household member of
90-the person; or
91-(ii) causes the person whose information is
92-published to suffer a substantial life disruption; and
93-(3) the person whose information is published is
94-identifiable from the published personally identifiable
95-information itself.
96-(b) It is not an offense under this Act for an individual
97-to:
98-(1) provide another person's personally identifiable
99-information or sensitive personal information in
100-connection with the reporting of criminal activity to an
101-employee of a law enforcement agency or in connection with
102-any lawfully authorized investigative, protective, or
103-intelligence activity of any law enforcement agency or of
104-an intelligence agency of the United States and the person
105-making the report reasonably believes the alleged criminal
106-activity occurred or the existing investigative,
107-protective, or intelligence activity is legitimate;
108-(2) disseminate the personally identifiable
109-information for the purpose of, or in connection with, the
110-reporting of conduct reasonably believed to be unlawful;
111-or
112-(3) provide a person's personally identifiable
113-information in connection with activity protected under
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116-the United States Constitution or the Illinois
117-Constitution pertaining to speech, press, assembly,
118-protest, and petition, as well as the provision of
119-personally identifiable information to the press.
120-(c) Nothing in this Act shall be construed in any manner
121-to:
122-(1) conflict with Section 230 of Title II of the
123-Communications Act of 1934 (47 U.S.C. 230);
124-(2) conflict with 42 U.S.C. 1983; or
125-(3) prohibit any activity protected under the
126-Constitution of the United States or the Illinois
127-Constitution.
128-Section 15. Civil action.
129-(a) A person who is aggrieved by a violation of this Act
130-may bring a civil action against (i) the individual who
131-committed the offense of doxing or (ii) any individual or
132-entity that directs one or more persons to violate this Act and
133-that knowingly benefits, financially or by receiving anything
134-of value, from participation in a venture that the individual
135-or entity knew involved a violation of this Act.
136-(b) A person who is aggrieved by a violation of this Act
137-may recover damages and any other appropriate relief,
138-including reasonable attorney's fees.
139-(c) An individual who is found liable under this Act shall
140-be jointly and severally liable with each other individual, if
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70+1 "Stalk" or "stalking" has the meaning provided in Section
71+2 12-7.3 of the Criminal Code of 2012, except that "stalking"
72+3 does not include an activity that is part of a protest that is
73+4 protected by the United States Constitution or the Illinois
74+5 Constitution.
75+6 "Substantial life disruption" means a material and
76+7 significant alteration of an individual's livelihood.
77+8 "Substantial life disruption" may include, but is not limited
78+9 to, moving from an established residence, changing routes to
79+10 and from work, changing employment or work schedule, or losing
80+11 time at work or a job.
81+12 Section 10. Doxing.
82+13 (a) An individual engages in the act of doxing when that
83+14 individual intentionally publishes another person's personally
84+15 identifiable information without the consent of the person
85+16 whose information is published and:
86+17 (1) the information is published with the intent that
87+18 it be used to harm or harass the person whose information
88+19 is published and with knowledge or reckless disregard that
89+20 the person whose information is published would be
90+21 reasonably likely to suffer death, bodily injury, or
91+22 stalking; and
92+23 (2) the publishing of the information:
93+24 (i) causes the person whose information is
94+25 published to suffer significant economic injury or
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143-any, who is found liable under this Act for damages arising
144-from the same violation of this Act.
145-(d) When a judgment is entered in favor of an individual
146-alleged to have committed the offense of doxing, the court may
147-award reasonable costs and attorney's fees to the defendant
148-for defending any claim that the court finds was brought by the
149-plaintiff and that the court finds was frivolous, baseless, or
150-brought in bad faith.
151-Section 20. Injunctive relief.
152-(a) A court in which a suit is brought under this Act, on
153-the motion of a party, may issue a temporary restraining
154-order, emergency order of protection, or preliminary or
155-permanent injunction to restrain and prevent the disclosure or
156-continued disclosure of a person's personally identifiable
157-information or sensitive personal information. Upon a motion
158-by a party in a civil action brought under this Act, and
159-following a full evidentiary hearing, a court may issue an
160-order pursuant to this Section to prevent the publishing of a
161-person's personally identifiable information or sensitive
162-personal information if the court finds by clear and
163-convincing evidence each of the following:
164-(1) the individual to be enjoined published personally
165-identifiable information or sensitive personal information
166-in violation of this Act;
167-(2) continued or further publishing of the personally
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170-identifiable information or sensitive personal information
171-poses a present and ongoing risk of death, bodily injury,
172-or stalking to another individual; and
173-(3) the individual to be enjoined has no lawful or
174-constitutional purpose for continued or further publishing
175-of the personally identifiable information or sensitive
176-personal information.
177-(b) Any injunctive relief granted under this Section shall
178-state the following with sufficient particularity to allow
179-appellate review:
180-(1) the required findings in subsection (a) of Section
181-20 and the evidentiary basis and reasoning for the
182-findings;
183-(2) the expiration date of the injunction, which shall
184-be no more than one year from the date of its entry;
185-(3) that the enjoined individual may seek relief from
186-the injunction, if the court determines, after notice and
187-hearing, that one or more of the required findings in
188-subsection (a) of Section 20 no longer apply; and
189-(4) that the person who sought the injunction may seek
190-an extension of the order of no more than one year if the
191-court determines, after notice and hearing, that the
192-required findings in subsection (a) of Section 20 continue
193-to apply.
194-(c) If a person violates any order issued under this
195-Section, the court, in its discretion, may grant any civil
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198-remedy under State law.
199-Section 25. Venue. A civil action may be brought in any
200-county in which an element of the offense occurred, or in which
201-a person resides who is the subject of personally identifiable
202-information published in violation of this Act.
203-Section 30. Constitutionality. The General Assembly does
204-not intend this Act to allow, and this Act shall not allow,
205-actions to be brought against constitutionally protected
206-activity.
207-Section 97. Severability. The provisions of this Act are
208-severable under Section 1.31 of the Statute on Statutes.
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105+1 emotional distress or to fear serious bodily injury or
106+2 death of the person or a family or household member of
107+3 the person; or
108+4 (ii) causes the person whose information is
109+5 published to suffer a substantial life disruption; and
110+6 (3) the person whose information is published is
111+7 identifiable from the published personally identifiable
112+8 information itself.
113+9 (b) It is not an offense under this Act for an individual
114+10 to:
115+11 (1) provide another person's personally identifiable
116+12 information or sensitive personal information in
117+13 connection with the reporting of criminal activity to an
118+14 employee of a law enforcement agency or in connection with
119+15 any lawfully authorized investigative, protective, or
120+16 intelligence activity of any law enforcement agency or of
121+17 an intelligence agency of the United States and the person
122+18 making the report reasonably believes the alleged criminal
123+19 activity occurred or the existing investigative,
124+20 protective, or intelligence activity is legitimate;
125+21 (2) disseminate the personally identifiable
126+22 information for the purpose of, or in connection with, the
127+23 reporting of conduct reasonably believed to be unlawful;
128+24 or
129+25 (3) provide a person's personally identifiable
130+26 information in connection with activity protected under
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141+1 the United States Constitution or the Illinois
142+2 Constitution pertaining to speech, press, assembly,
143+3 protest, and petition, as well as the provision of
144+4 personally identifiable information to the press.
145+5 (c) Nothing in this Act shall be construed in any manner
146+6 to:
147+7 (1) conflict with Section 230 of Title II of the
148+8 Communications Act of 1934 (47 U.S.C. 230);
149+9 (2) conflict with 42 U.S.C. 1983; or
150+10 (3) prohibit any activity protected under the
151+11 Constitution of the United States or the Illinois
152+12 Constitution.
153+13 Section 15. Civil action.
154+14 (a) A person who is aggrieved by a violation of this Act
155+15 may bring a civil action against (i) the individual who
156+16 committed the offense of doxing or (ii) any individual or
157+17 entity that directs one or more persons to violate this Act and
158+18 that knowingly benefits, financially or by receiving anything
159+19 of value, from participation in a venture that the individual
160+20 or entity knew involved a violation of this Act.
161+21 (b) A person who is aggrieved by a violation of this Act
162+22 may recover damages and any other appropriate relief,
163+23 including reasonable attorney's fees.
164+24 (c) An individual who is found liable under this Act shall
165+25 be jointly and severally liable with each other individual, if
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176+1 any, who is found liable under this Act for damages arising
177+2 from the same violation of this Act.
178+3 (d) When a judgment is entered in favor of an individual
179+4 alleged to have committed the offense of doxing, the court may
180+5 award reasonable costs and attorney's fees to the defendant
181+6 for defending any claim that the court finds was brought by the
182+7 plaintiff and that the court finds was frivolous, baseless, or
183+8 brought in bad faith.
184+9 Section 20. Injunctive relief.
185+10 (a) A court in which a suit is brought under this Act, on
186+11 the motion of a party, may issue a temporary restraining
187+12 order, emergency order of protection, or preliminary or
188+13 permanent injunction to restrain and prevent the disclosure or
189+14 continued disclosure of a person's personally identifiable
190+15 information or sensitive personal information. Upon a motion
191+16 by a party in a civil action brought under this Act, and
192+17 following a full evidentiary hearing, a court may issue an
193+18 order pursuant to this Section to prevent the publishing of a
194+19 person's personally identifiable information or sensitive
195+20 personal information if the court finds by clear and
196+21 convincing evidence each of the following:
197+22 (1) the individual to be enjoined published personally
198+23 identifiable information or sensitive personal information
199+24 in violation of this Act;
200+25 (2) continued or further publishing of the personally
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211+1 identifiable information or sensitive personal information
212+2 poses a present and ongoing risk of death, bodily injury,
213+3 or stalking to another individual; and
214+4 (3) the individual to be enjoined has no lawful or
215+5 constitutional purpose for continued or further publishing
216+6 of the personally identifiable information or sensitive
217+7 personal information.
218+8 (b) Any injunctive relief granted under this Section shall
219+9 state the following with sufficient particularity to allow
220+10 appellate review:
221+11 (1) the required findings in subsection (a) of Section
222+12 20 and the evidentiary basis and reasoning for the
223+13 findings;
224+14 (2) the expiration date of the injunction, which shall
225+15 be no more than one year from the date of its entry;
226+16 (3) that the enjoined individual may seek relief from
227+17 the injunction, if the court determines, after notice and
228+18 hearing, that one or more of the required findings in
229+19 subsection (a) of Section 20 no longer apply; and
230+20 (4) that the person who sought the injunction may seek
231+21 an extension of the order of no more than one year if the
232+22 court determines, after notice and hearing, that the
233+23 required findings in subsection (a) of Section 20 continue
234+24 to apply.
235+25 (c) If a person violates any order issued under this
236+26 Section, the court, in its discretion, may grant any civil
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247+1 remedy under State law.
248+2 Section 25. Venue. A civil action may be brought in any
249+3 county in which an element of the offense occurred, or in which
250+4 a person resides who is the subject of personally identifiable
251+5 information published in violation of this Act.
252+6 Section 30. Constitutionality. The General Assembly does
253+7 not intend this Act to allow, and this Act shall not allow,
254+8 actions to be brought against constitutionally protected
255+9 activity.
256+10 Section 97. Severability. The provisions of this Act are
257+11 severable under Section 1.31 of the Statute on Statutes.
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