Illinois General Assembly - Full Text of HB4642
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Full Text of HB4642  97th General Assembly

HB4642ham002 97TH GENERAL ASSEMBLY

Rep. Darlene J. Senger

Filed: 3/16/2012

 

 


 

 


 
09700HB4642ham002LRB097 13960 RLC 67562 a

1
AMENDMENT TO HOUSE BILL 4642

2    AMENDMENT NO. ______. Amend House Bill 4642 on page 1, line
35, by inserting ", 17-52.5," after "17-51"; and
 
4on page 6, by inserting immediately after line 26 the
5following:
6    "(d) Telecommunications carriers, commercial mobile
7service providers, and providers of information services,
8including, but not limited to, Internet service providers and
9hosting service providers, are not liable under this Section,
10except for willful and wanton misconduct, by virtue of the
11transmission, storage, or caching of electronic communications
12or messages of others or by virtue of the provision of other
13related telecommunications, commercial mobile services, or
14information services used by others in violation of this
15Section."; and
 
16on page 7, by inserting immediately below line 2 the following:
 

 

 

09700HB4642ham002- 2 -LRB097 13960 RLC 67562 a

1    "(720 ILCS 5/17-52.5)  (was 720 ILCS 5/16D-5.5)
2    Sec. 17-52.5. Unlawful use of encryption.
3    (a) For the purpose of this Section:
4        "Computer" means an electronic device which performs
5    logical, arithmetic, and memory functions by manipulations
6    of electronic or magnetic impulses and includes all
7    equipment related to the computer in a system or network.
8        "Computer contaminant" means any data, information,
9    image, program, signal, or sound that is designated or has
10    the capability to: (1) contaminate, corrupt, consume,
11    damage, destroy, disrupt, modify, record, or transmit; or
12    (2) cause to be contaminated, corrupted, consumed,
13    damaged, destroyed, disrupted, modified, recorded, or
14    transmitted, any other data, information, image, program,
15    signal, or sound contained in a computer, system, or
16    network without the knowledge or consent of the person who
17    owns the other data, information, image, program, signal,
18    or sound or the computer, system, or network.
19        "Computer contaminant" includes, without limitation:
20    (1) a virus, worm, or Trojan horse; (2) spyware that tracks
21    computer activity and is capable of recording and
22    transmitting such information to third parties; or (3) any
23    other similar data, information, image, program, signal,
24    or sound that is designed or has the capability to prevent,
25    impede, delay, or disrupt the normal operation or use of

 

 

09700HB4642ham002- 3 -LRB097 13960 RLC 67562 a

1    any component, device, equipment, system, or network.
2        "Encryption" means the use of any protective or
3    disruptive measure, including, without limitation,
4    cryptography, enciphering, encoding, or a computer
5    contaminant, to: (1) prevent, impede, delay, or disrupt
6    access to any data, information, image, program, signal, or
7    sound; (2) cause or make any data, information, image,
8    program, signal, or sound unintelligible or unusable; or
9    (3) prevent, impede, delay, or disrupt the normal operation
10    or use of any component, device, equipment, system, or
11    network.
12        "Network" means a set of related, remotely connected
13    devices and facilities, including more than one system,
14    with the capability to transmit data among any of the
15    devices and facilities. The term includes, without
16    limitation, a local, regional, or global computer network.
17        "Program" means an ordered set of data representing
18    coded instructions or statements which can be executed by a
19    computer and cause the computer to perform one or more
20    tasks.
21        "System" means a set of related equipment, whether or
22    not connected, which is used with or for a computer.
23    (b) A person shall not knowingly use or attempt to use
24encryption, directly or indirectly, to:
25        (1) commit, facilitate, further, or promote any
26    criminal offense;

 

 

09700HB4642ham002- 4 -LRB097 13960 RLC 67562 a

1        (2) aid, assist, or encourage another person to commit
2    any criminal offense;
3        (3) conceal evidence of the commission of any criminal
4    offense; or
5        (4) conceal or protect the identity of a person who has
6    committed any criminal offense.
7    (c) Telecommunications carriers, commercial mobile service
8providers, and providers of information services, including,
9but not limited to, Internet service providers and hosting
10service providers, are not liable under this Section, except
11for willful and wanton misconduct, by virtue of the
12transmission, storage, or caching of electronic communications
13or messages of others or by virtue of the provision of other
14related telecommunications, commercial mobile services, or
15information services used by others in violation of this
16Section. Telecommunications carriers and information service
17providers are not liable under this Section, except for willful
18and wanton misconduct, for providing encryption services used
19by others in violation of this Section.
20    (d) Sentence. A person who violates this Section is guilty
21of a Class A misdemeanor, unless the encryption was used or
22attempted to be used to commit an offense for which a greater
23penalty is provided by law. If the encryption was used or
24attempted to be used to commit an offense for which a greater
25penalty is provided by law, the person shall be punished as
26prescribed by law for that offense.

 

 

09700HB4642ham002- 5 -LRB097 13960 RLC 67562 a

1    (e) A person who violates this Section commits a criminal
2offense that is separate and distinct from any other criminal
3offense and may be prosecuted and convicted under this Section
4whether or not the person or any other person is or has been
5prosecuted or convicted for any other criminal offense arising
6out of the same facts as the violation of this Section.
7(Source: P.A. 95-942, eff. 1-1-09; 96-1551, eff. 7-1-11.)".