ILLINOIS COMPILED STATUTES
CHAPTER 815
BUSINESS TRANSACTIONS
DECEPTIVE PRACTICES
815 ILCS 511/ ELECTRONIC MAIL ACT
Added by
Public
Act 91-233 (1999)
(Approved by Governor July 22, 1999; effective
January 1, 2000)
As amended by HB
2792 (2003)
(Approved by Governor July 14, 2003)
815 ILCS 511/1
Sec. 1. Short title. This Act
may be cited as the Electronic Mail Act.
815 ILCS 511/5
Sec. 5. Definitions. As used in
this Act:
"Electronic mail advertisement" means any electronic mail
message, the principal purpose of which is to promote, directly or indirectly,
the sale or other distribution of goods or services to the recipient.
"Unsolicited electronic mail advertisement" means any
electronic mail advertisement that (i) is addressed to a recipient with whom
the initiator does not have a prior or existing business or personal
relationship and (ii) is not sent at the request of or with the express
consent of the recipient.
"Electronic mail service provider" means any business or
organization qualified to do business in Illinois that provides registered
users the ability to send or receive electronic mail through equipment located
in this State and that is an intermediary in sending or receiving electronic
mail.
"Initiation" of an electronic mail message refers to the
action by the initial sender of the electronic mail message. "Initiation" does
not refer to the actions of any intervening electronic mail service provider
that may handle or retransmit the electronic mail message.
"Registered user" means any individual or entity that
maintains an electronic mail address with an electronic mail service provider.
"Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may be sent or
delivered.
"Internet domain name" refers to a globally unique,
hierarchical reference to an Internet host or service, assigned through
centralized Internet naming authorities, comprising a series of character
strings separated by periods, with the right-most string specifying the top of
the hierarchy.
815 ILCS 511/10
Sec. 10. Unsolicited or misleading electronic
mail; prohibition.
(a) No individual or entity may initiate or cause to be
initiated an unsolicited electronic mail advertisement if the electronic mail
advertisement (i) uses a third party's Internet domain name without permission
of the third party, or otherwise misrepresents any information in identifying
the point of origin or the transmission path of an electronic mail
advertisement or (ii) contains false or misleading information in the subject
line.
(a-5) An initiator of an unsolicited electronic mail
advertisement must establish a toll-free telephone number or valid
sender-operated return electronic mail address that the recipient of the
unsolicited electronic mail advertisement may call or electronically mail to
notify the sender not to electronically mail any further unsolicited
electronic mail advertisements.
(a-10) An initiator of an unsolicited electronic mail
advertisement is prohibited from selling or transferring in any manner the
electronic mail address of any person who has notified the initiator that the
person does not want to receive any further unsolicited electronic mail
advertisements.
(a-15) Each unsolicited electronic mail advertisement's
subject line shall include "ADV:" as its first 4 characters. For any
unsolicited electronic mail advertisement that contains information regarding
the lease, sale, rental, gift offer, or other disposition of any realty,
goods, services, or extension of credit, that may only be viewed, purchased,
rented, leased, or held in possession by an individual 18 years of age and
older, the subject line of each and every message shall include "ADV:ADLT" as
the first 8 characters.
(b) This Section applies when the unsolicited electronic mail
advertisement is delivered to an Illinois resident via an electronic mail
service provider's service or equipment located in this State.
(c) Any person, other than an electronic mail service
provider, who suffers actual damages as a result of a violation of this
Section committed by any individual or entity may bring an action against such
individual or entity. The injured person may recover attorney's fees and
costs, and may elect, in lieu of recovery of actual damages, to recover the
lesser of $10 for each and every unsolicited electronic mail advertisement
transmitted in violation of this Section, or $25,000 per day. The injured
person shall not have a cause of action against the electronic mail service
provider that merely transmits the unsolicited electronic mail advertisement
over its computer network.
(d) Any electronic mail service provider who suffers actual
damages as a result of a violation of this Section committed by any individual
or entity may bring an action against such individual or entity. The injured
person may recover attorney's fees and costs, and may elect, in lieu of
recovery of actual damages, to recover the lesser of $10 for each and every
unsolicited electronic mail advertisement transmitted in violation of this
Section, or $25,000 per day.
(e) The provisions of this Section shall not be construed to
limit any person's right to pursue any additional civil remedy otherwise
allowed by law.
(f) An electronic mail service provider may, upon its own
initiative, block the receipt or transmission through its service of any
unsolicited electronic mail advertisement that it reasonably believes is, or
will be, sent in violation of this Section.
(g) No electronic mail service provider may be held liable
for any action voluntarily taken in good faith to block the receipt or
transmission through its service of any unsolicited electronic mail
advertisement which it reasonably believes is, or will be, sent in violation
of this Section.
815 ILCS 511/15
Sec. 15. Consumer Fraud and Deceptive Business
Practices Act. In addition to any other penalties specified in
this Act, violation of this Act constitutes an unlawful practice under the
Consumer Fraud and Deceptive Business Practices Act.
ILLINOIS COMPILED STATUTES
CHAPTER 720
CRIMINAL OFFENSES
CRIMINAL CODE
720 ILCS 5/ CRIMINAL CODE OF 1961
ARTICLE
16D COMPUTER CRIME
As amended by Public
Act 91-233 (1999)
(Approved by Governor July 22, 1999; effective
January 1, 2000)
720 ILCS 5/16D-1
Sec. 16D-1. Short title. This
Article shall be known and may be cited as the "Computer Crime Prevention
Law".
720 ILCS 5/16D-2
Sec. 16D-2. Definitions. As used
in this Article, unless the context otherwise indicates:
(a) "Computer" means a device that accepts, processes,
stores, retrieves or outputs data, and includes but is not limited to
auxiliary storage and telecommunications devices connected to computers.
(a-5) "Computer network" means a set of related, remotely
connected devices and any communications facilities including more than one
computer with the capability to transmit data among them through the
communications facilities.
(b) "Computer program" or "program" means a series of coded
instructions or statements in a form acceptable to a computer which causes the
computer to process data and supply the results of the data processing.
(b-5) "Computer services" means computer time or services,
including data processing services, Internet services, electronic mail
services, electronic message services, or information or data stored in
connection therewith.
(c) "Data" means a representation of information, knowledge,
facts, concepts or instructions, including program documentation, which is
prepared in a formalized manner and is stored or processed in or transmitted
by a computer. Data shall be considered property and may be in any form
including but not limited to printouts, magnetic or optical storage media,
punch cards or data stored internally in the memory of the computer.
(c-5) "Electronic mail service provider" means any person
who (1) is an intermediary in sending or receiving electronic mail and (2)
provides to end-users of electronic mail services the ability to send or
receive electronic mail.
(d) In addition to its meaning as defined in Section 15-1 of
this Code, "property" means: (1) electronic impulses; (2) electronically
produced data; (3) confidential, copyrighted or proprietary information; (4)
private identification codes or numbers which permit access to a computer by
authorized computer users or generate billings to consumers for purchase of
goods and services, including but not limited to credit card transactions and
telecommunications services or permit electronic fund transfers; (5) software
or programs in either machine or human readable form; or (6) any other
tangible or intangible item relating to a computer or any part thereof.
(e) "Access" means to use, instruct, communicate with, store
data in, retrieve or intercept data from, or otherwise utilize any services of
a computer.
(f) "Services" includes but is not limited to computer time,
data manipulation or storage functions.
(g) "Vital services or operations" means those services or
operations required to provide, operate, maintain, and repair network cabling,
transmission, distribution, or computer facilities necessary to ensure or
protect the public health, safety, or welfare. Public health, safety, or
welfare include, but are not limited to, services provided by medical
personnel or institutions, fire departments, emergency services agencies,
national defense contractors, armed forces or militia personnel, private and
public utility companies, or law enforcement agencies.
720 ILCS 5/16D-3
Sec. 16D-3. Computer Tampering.
(a) A person commits the offense of computer tampering when
he knowingly and without the authorization of a computer's owner, as defined
in Section 15-2 of this Code, or in excess of the authority granted to him:
(1) Accesses or causes to be accessed a computer or any
part thereof, or a program or data;
(2) Accesses or causes to be accessed a computer or any
part thereof, or a program or data, and obtains data or services;
(3) Accesses or causes to be accessed a computer or any
part thereof, or a program or data, and damages or destroys the computer or
alters, deletes or removes a computer program or data;
(4) Inserts or attempts to insert a "program" into a
computer or computer program knowing or having reason to believe that such
"program" contains information or commands that will or may damage or
destroy that computer, or any other computer subsequently accessing or being
accessed by that computer, or that will or may alter, delete or remove a
computer program or data from that computer, or any other computer program
or data in a computer subsequently accessing or being accessed by that
computer, or that will or may cause loss to the users of that computer or
the users of a computer which accesses or which is accessed by such
"program";
(5) Falsifies or forges electronic mail transmission
information or other routing information in any manner in connection with
the transmission of unsolicited bulk electronic mail through or into the
computer network of an electronic mail service provider or its
subscribers;
(a-5) It shall be unlawful for any person knowingly to
sell, give, or otherwise distribute or possess with the intent to sell, give,
or distribute software which (1) is primarily designed or produced for the
purpose of facilitating or enabling the falsification of electronic mail
transmission information or other routing information; (2) has only a limited
commercially significant purpose or use other than to facilitate or enable the
falsification of electronic mail transmission information or other routing
information; or (3) is marketed by that person or another acting in concert
with that person with that person's knowledge for use in facilitating or
enabling the falsification of electronic mail transmission information or
other routing information.
(b) Sentence.
(1) A person who commits the offense of computer tampering
as set forth in subsection (a)(1), (a)(5), or (a-5) of this Section
shall be guilty of a Class B misdemeanor.
(2) A person who commits the offense of computer tampering
as set forth in subsection (a)(2) of this Section shall be guilty of a Class
A misdemeanor and a Class 4 felony for the second or subsequent offense.
(3) A person who commits the offense of computer tampering
as set forth in subsection (a)(3) or subsection (a)(4) of this Section shall
be guilty of a Class 4 felony and a Class 3 felony for the second or
subsequent offense.
(4) If the injury arises from the transmission of
unsolicited bulk electronic mail, the injured person, other than an
electronic mail service provider, may also recover attorney's fees and
costs, and may elect, in lieu of actual damages, to recover the lesser of
$10 for each and every unsolicited bulk electronic mail message transmitted
in violation of this Section, or $25,000 per day. The injured person shall
not have a cause of action against the electronic mail service provider that
merely transmits the unsolicited bulk electronic mail over its computer
network.
(5) If the injury arises from the transmission of
unsolicited bulk electronic mail, an injured electronic mail service
provider may also recover attorney's fees and costs, and may elect, in lieu
of actual damages, to recover the greater of $10 for each and every
unsolicited electronic mail advertisement transmitted in violation of this
Section, or $25,000 per day.
(6) The provisions of this Section shall not be
construed to limit any person's right to pursue any additional civil remedy
otherwise allowed by law.
(c) Whoever suffers loss by reason of a violation of
subsection (a)(4) of this Section may, in a civil action against the violator,
obtain appropriate relief. In a civil action under this Section, the court may
award to the prevailing party reasonable attorney's fees and other litigation
expenses.
720 ILCS 5/16D-4
Sec. 16D-4. Aggravated Computer
Tampering. [omitted]
720 ILCS 5/16D-5
Sec. 16D-5. Computer Fraud.
[omitted]
720 ILCS 5/16D-6
Sec. 16D-6. Forfeiture.
[omitted]
720 ILCS 5/16D-7
Sec. 16D-7. Rebuttable Presumption - without
authority. [omitted]
