Illinois 2023-2024 Regular Session

Illinois House Bill HB2954 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0439
2	1		HB2954 EnrolledLRB103 30878 LNS 57401 b HB2954 Enrolled LRB103 30878 LNS 57401 b
3	2		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
27	26
28	27
29	28
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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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	33	+	HB2954 Enrolled - 2 - LRB103 30878 LNS 57401 b
	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.
59	60
60	61
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
86	62
87	63
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
141	95
142	96
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
168	97
169	98
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
	99	+
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196	101
197	102
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
	131	+
	132	+
	133	+
	134	+
	135	+
	136	+	HB2954 Enrolled - 4 - LRB103 30878 LNS 57401 b
	137	+
	138	+
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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
	166	+
	167	+
	168	+
	169	+
	170	+
	171	+	HB2954 Enrolled - 5 - LRB103 30878 LNS 57401 b
	172	+
	173	+
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	175	+	HB2954 Enrolled - 6 - LRB103 30878 LNS 57401 b
	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
	201	+
	202	+
	203	+
	204	+
	205	+
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	210	+	HB2954 Enrolled - 7 - LRB103 30878 LNS 57401 b
	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
	237	+
	238	+
	239	+
	240	+
	241	+
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	246	+	HB2954 Enrolled - 8 - LRB103 30878 LNS 57401 b
	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.
	258	+
	259	+
	260	+
	261	+
	262	+
	263	+	HB2954 Enrolled - 8 - LRB103 30878 LNS 57401 b