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 |
---|
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. |
---|
| 32 | + | HB2954 Enrolled- 2 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 2 - LRB103 30878 LNS 57401 b |
---|
| 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. |
---|
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 |
---|
| 68 | + | HB2954 Enrolled- 3 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 3 - LRB103 30878 LNS 57401 b |
---|
| 69 | + | HB2954 Enrolled - 3 - LRB103 30878 LNS 57401 b |
---|
| 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 |
---|
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. |
---|
| 103 | + | HB2954 Enrolled- 4 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 4 - LRB103 30878 LNS 57401 b |
---|
| 104 | + | HB2954 Enrolled - 4 - LRB103 30878 LNS 57401 b |
---|
| 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 | + | |
---|
| 139 | + | HB2954 Enrolled- 5 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 5 - LRB103 30878 LNS 57401 b |
---|
| 140 | + | HB2954 Enrolled - 5 - LRB103 30878 LNS 57401 b |
---|
| 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 | + | |
---|
| 174 | + | HB2954 Enrolled- 6 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 6 - LRB103 30878 LNS 57401 b |
---|
| 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 | + | |
---|
| 206 | + | HB2954 Enrolled - 6 - LRB103 30878 LNS 57401 b |
---|
| 207 | + | |
---|
| 208 | + | |
---|
| 209 | + | HB2954 Enrolled- 7 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 7 - LRB103 30878 LNS 57401 b |
---|
| 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 | + | |
---|
| 242 | + | HB2954 Enrolled - 7 - LRB103 30878 LNS 57401 b |
---|
| 243 | + | |
---|
| 244 | + | |
---|
| 245 | + | HB2954 Enrolled- 8 -LRB103 30878 LNS 57401 b HB2954 Enrolled - 8 - LRB103 30878 LNS 57401 b |
---|
| 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 |
---|