ILLINOIS COMPILED STATUTES
Chapter 815 Business Transactions
Deceptive Practices
815 ILCS 511/ Electronic Mail Act
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
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]
