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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 5 ILCS 175/Art. 1
(5 ILCS 175/Art. 1 heading)
ARTICLE 1.
SHORT TITLE; PURPOSE
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5 ILCS 175/1-101
(5 ILCS 175/1-101)
Sec. 1-101.
Short title.
This Act may be cited as the
Electronic Commerce Security Act.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/1-105
(5 ILCS 175/1-105)
Sec. 1-105.
Purposes and construction.
This Act shall be construed
consistently with what is commercially reasonable under the circumstances and
to effectuate the
following purposes:
(1) To facilitate electronic communications by means | | of reliable electronic records.
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(2) To facilitate and promote electronic commerce, by
| | eliminating barriers resulting from uncertainties over writing and signature requirements, and promoting the development of the legal and business infrastructure necessary to implement secure electronic commerce.
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(3) To facilitate electronic filing of documents with
| | State and local government agencies, and promote efficient delivery of government services by means of reliable electronic records.
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(4) To minimize the incidence of forged electronic
| | records, intentional and unintentional alteration of records, and fraud in electronic commerce.
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(5) To help to establish uniformity of rules and
| | standards regarding the authentication and integrity of electronic records.
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(6) To promote public confidence in the integrity and
| | reliability of electronic records and electronic commerce.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/1-110
(5 ILCS 175/1-110)
Sec. 1-110.
Variation by agreement.
As between parties involved in
generating, sending, receiving, storing, or
otherwise processing
electronic records, the
applicability of
provisions of this Act may be waived by agreement of
the parties, except for the
provisions of Sections 10-140, 15-210, 15-215, 15-220, and subsection (b) of
Section 10-130 of this Act.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 5
(5 ILCS 175/Art. 5 heading)
ARTICLE 5.
ELECTRONIC RECORDS AND SIGNATURES GENERALLY
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5 ILCS 175/5-105
(5 ILCS 175/5-105)
Sec. 5-105.
Definitions.
"Asymmetric cryptosystem" means a computer-based system capable of
generating and
using a key pair consisting of a private key for creating a digital signature
and a public key to verify the
digital signature.
"Certificate" means a record that at a minimum: (a) identifies the
certification authority
issuing it; (b) names or otherwise identifies its subscriber or a device or
electronic agent under the
control of the subscriber; (c) contains a public key that corresponds to a
private key under the control
of the subscriber; (d) specifies its operational period; and (e) is digitally
signed by the certification
authority issuing it.
"Certification authority" means a person who authorizes and causes the
issuance of a
certificate.
"Certification practice statement" is a statement published by a
certification authority
that specifies the policies or practices that the certification authority
employs in issuing, managing,
suspending, and revoking certificates and providing access to them.
"Correspond", with reference to keys, means to belong to the same key
pair.
"Digital signature" means a type of electronic signature created by
transforming an
electronic record using a message digest function and encrypting the resulting
transformation with an
asymmetric cryptosystem using the signer's private key such that any person
having the initial
untransformed electronic record, the encrypted transformation, and the signer's
corresponding public
key can accurately determine whether the transformation was created using
the private key that
corresponds to the signer's public key and whether the initial electronic
record has been altered
since the transformation was made. A digital signature is a security
procedure.
"Electronic" includes electrical, digital, magnetic, optical,
electromagnetic, or any other
form of technology that entails capabilities similar to these technologies.
"Electronic record" means a record generated, communicated, received, or
stored by
electronic means for use in an information system or for transmission from one
information system to
another.
"Electronic signature" means a signature in electronic form attached to
or logically
associated with an electronic record.
"Information" includes data, text, images, sound, codes, computer
programs,
software, databases, and the like.
"Key pair" means, in an asymmetric cryptosystem, 2 mathematically
related keys,
referred to as a private key and a public key, having the properties that (i)
one key (the private key) can
encrypt a message that only the other key (the public key) can decrypt, and
(ii) even knowing one key
(the public key), it is computationally unfeasible to discover the other key
(the private key).
"Message digest function" means an algorithm that maps or translates
the
sequence
of bits comprising an electronic record into another, generally smaller, set of
bits (the message digest)
without requiring the use of any secret information such as a key, such that
an electronic record
yields the same message digest every time the algorithm is executed using such
record as input and
it is computationally unfeasible that any 2 electronic records can be found
or deliberately generated
that would produce the same message digest using the algorithm unless the 2
records are precisely
identical.
"Operational period of a certificate" begins on the date and time the
certificate is
issued by a certification authority (or on a later date and time certain if
stated in the certificate) and ends
on the date and time it expires as noted in the certificate or is earlier
revoked, but does not include any
period during which a certificate is suspended.
"Person" means an individual, corporation, business trust, estate,
trust, partnership,
limited partnership, limited liability partnership, limited liability company,
association, joint venture,
government, governmental subdivision, agency, or instrumentality, or any other
legal or commercial
entity.
"Private key" means the key of a key pair used to create a digital signature.
"Public key" means the key of a key pair used to verify a digital signature.
"Record" means information that is inscribed, stored, or otherwise fixed on a
tangible
medium or that is stored in an electronic or other medium and is retrievable in
perceivable form.
"Repository" means a system for storing and retrieving certificates or other
information
relevant to certificates, including information relating to the status of a
certificate.
"Revoke a certificate" means to permanently end the operational period of a
certificate from a specified time forward.
"Rule of law" means any statute, ordinance, common law rule,
court decision, or other rule of law enacted, established or promulgated by the
State of Illinois, or any
agency, commission, department, court, other authority or political subdivision
of the State of Illinois.
"Security procedure" means a methodology or procedure used for the purpose of
(1)
verifying that an electronic record is that of a specific person or (2)
detecting error or alteration in
the communication, content, or storage of an electronic record since a specific
point in time. A security
procedure may require the use of algorithms or codes, identifying words or
numbers, encryption,
answer back or acknowledgment procedures, or similar security devices.
"Signature device" means unique information, such as codes, algorithms,
letters,
numbers, private keys, or personal identification numbers (PINs), or a uniquely
configured physical device, that
is required, alone or in
conjunction with other information or devices, in order to create an electronic
signature attributable to a
specific person.
"Signed" or "signature" includes any symbol executed or adopted, or any
security
procedure employed or adopted, using electronic means or otherwise, by or on
behalf of a person with
intent to authenticate a record.
"State agency" means and includes all officers, boards, commissions,
courts, and
agencies created by the Illinois Constitution, whether in the executive,
legislative or
judicial branch, all officers,
departments, boards, commissions, agencies, institutions, authorities,
universities, bodies politic and
corporate of the State; and administrative units or corporate outgrowths of the
State government which
are created by or pursuant to statute, other than units of local government and
their officers, school
districts and boards of election commissioners; all administrative units and
corporate outgrowths of the
above and as may be created by executive order of the Governor.
"Subscriber" means a person who is the subject named or otherwise identified
in a
certificate, who controls a private key that corresponds to the public key
listed in that certificate, and
who is the person to whom digitally signed messages verified by reference to
such certificate are to be
attributed.
"Suspend a certificate" means to temporarily suspend the operational period
of a
certificate for a specified time period or from a specified time forward.
"Trustworthy manner" means through the use of computer hardware,
software, and
procedures that, in the context in which they are used: (a) can be shown to be
reasonably resistant to
penetration, compromise, and misuse; (b) provide a reasonable level of
reliability and correct operation;
(c) are reasonably suited to performing their intended functions or serving
their intended purposes; (d)
comply with applicable agreements between the parties, if any; and (e) adhere
to generally accepted
security procedures.
"Valid certificate" means a certificate that a certification
authority has issued and
that the subscriber listed in the certificate has accepted.
"Verify a digital signature" means to use the public key listed in a
valid certificate,
along with the appropriate message digest function and asymmetric cryptosystem,
to evaluate a digitally
signed electronic record, such that the result of the process concludes that
the digital signature was
created using the private key corresponding to the public key listed in the
certificate and the
electronic record has not been altered since its digital signature was created.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/5-110
(5 ILCS 175/5-110)
Sec. 5-110.
Legal recognition.
Information, records, and signatures
shall
not be
denied legal effect, validity, or enforceability solely on the grounds that
they are in electronic form.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/5-115
(5 ILCS 175/5-115)
Sec. 5-115. Electronic records.
(a) Where a rule of law requires information to be "written" or
"in writing", or provides for
certain consequences if it is not, an electronic record satisfies that rule of
law.
(b) The provisions of this Section shall not apply:
(1) when its application would involve a construction | | of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the mere requirement that information be "in writing", "written", or "printed" shall not by itself be sufficient to establish such intent;
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(2) to any rule of law governing the creation or
| | execution of a will or trust; and
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(3) to any record that serves as a unique and
| | transferable instrument of rights and obligations including, without limitation, negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.
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(Source: P.A. 101-163, eff. 1-1-20 .)
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5 ILCS 175/5-120
(5 ILCS 175/5-120)
Sec. 5-120. Electronic signatures.
(a) Where a rule of law requires a signature, or provides for certain
consequences if a
document is not signed, an electronic signature satisfies that rule of law.
(a-5) In the course of exercising any permitting, licensing, or other regulatory function, a municipality may accept, but shall not require, documents with an electronic signature, including, but not limited to, the technical submissions of a design professional with an electronic signature. (b) An electronic signature may be proved in any manner, including by
showing that a
procedure existed by which a party must of necessity have executed a symbol or
security procedure for
the purpose of verifying that an electronic record is that of such party in
order to proceed further with a
transaction.
(c) The provisions of this Section shall not apply:
(1) when its application would involve a construction | | of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the mere requirement of a "signature" or that a record be "signed" shall not by itself be sufficient to establish such intent;
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(2) to any rule of law governing the creation or
| | execution of a will or trust; and
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(3) to any record that serves as a unique and
| | transferable instrument of rights and obligations including, without limitation, negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.
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(Source: P.A. 101-163, eff. 1-1-20 .)
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5 ILCS 175/5-125
(5 ILCS 175/5-125)
Sec. 5-125.
Original.
(a) Where a rule of law requires information to be presented or retained in
its original form,
or provides consequences for the information not being presented or retained in
its original form, that
rule of law is satisfied by an electronic record if there exists reliable
assurance as to the integrity of the
information from the time when it was first generated in its final form, as an
electronic record or
otherwise.
(b) The criteria for assessing integrity shall be whether the information
has remained
complete and unaltered, apart from the addition of any endorsement or other
information that arises in
the normal course of communication, storage and display. The standard of
reliability required to ensure that information has remained complete and
unaltered shall be
assessed in the light of the purpose for which the information was generated
and in the light of all the
relevant circumstances.
(c) The provisions of this Section do not apply to any record that serves as
a unique and
transferable instrument of rights and obligations including, without
limitation, negotiable instruments and
other instruments of title wherein possession of the instrument is deemed to
confer title, unless an
electronic version of such record is created, stored, and transferred in a
manner that allows for the
existence of only one unique, identifiable, and unalterable original with the
functional attributes of an
equivalent physical instrument, that can be possessed by only one person, and
which cannot be copied
except in a form that is readily identifiable as a copy.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/5-130
(5 ILCS 175/5-130)
Sec. 5-130.
Admissibility into evidence.
(a) In any legal proceeding, nothing in the application of the rules of
evidence shall apply so
as to deny the admissibility of an electronic record or electronic signature
into evidence:
(1) on the sole ground that it is an electronic | | record or electronic signature; or
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(2) on the grounds that it is not in its original
| | form or is not an original.
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(b) Information in the form of an electronic record shall be given due
evidentiary weight by
the trier of fact. In assessing the evidential weight of an electronic record
or electronic signature where
its authenticity is in issue, the trier of fact may consider the manner in
which it was generated, stored or
communicated, the reliability of the manner in which its integrity was
maintained, the manner in which its
originator was identified or the electronic record was signed, and any other
relevant information or
circumstances.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/5-135
(5 ILCS 175/5-135)
Sec. 5-135.
Retention of electronic records.
(a) Where a rule of law requires that certain documents, records or
information be
retained, that requirement is met by retaining electronic records of such
information in a trustworthy
manner, provided that the following conditions are satisfied:
(1) the electronic record and the information | | contained therein are accessible so as to be usable for subsequent reference at all times when such information must be retained;
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(2) the information is retained in the format in
| | which it was originally generated, sent, or received or in a format that can be demonstrated to represent accurately the information originally generated, sent or received; and
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(3) such data as enables the identification of the
| | origin and destination of the information, the authenticity and integrity of the information, and the date and time when it was sent or received, if any, is retained.
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(b) An obligation to retain documents, records or information in accordance
with
subsection (a) does not extend to any data the sole purpose of which is to
enable the record to be sent
or received.
(c) Nothing in this Section shall preclude any State agency from specifying
additional
requirements for the retention of records that are subject to the jurisdiction
of such agency.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/5-140
(5 ILCS 175/5-140)
Sec. 5-140.
Electronic use not required.
Nothing in this Act shall be construed to:
(1) require any person to create, store, transmit, | | accept, or otherwise use or communicate information, records, or signatures by electronic means or in electronic form; or
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(2) prohibit any person engaging in an electronic
| | transaction from establishing reasonable requirements regarding the medium on which it will accept records or the method and type of symbol or security procedure it will accept as a signature.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/5-145
(5 ILCS 175/5-145)
Sec. 5-145.
Applicability of other statutes or rules.
Notwithstanding
any provisions of
this Act, if any other statute or rule requires approval by a State agency
prior to the use or retention of electronic records or the use of electronic
signatures, the provisions of that other statute or rule shall also apply.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 10
(5 ILCS 175/Art. 10 heading)
ARTICLE 10.
SECURE ELECTRONIC RECORDS AND SIGNATURES
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5 ILCS 175/10-105
(5 ILCS 175/10-105)
Sec. 10-105.
Secure electronic record.
(a) If, through the use of a qualified security procedure, it can be
verified that an electronic
record has not been altered since a specified point in time, then such
electronic record shall be
considered to be a secure electronic record from such specified point in time
to the time of verification,
if the relying party establishes that the qualified security procedure was:
(1) commercially reasonable under the circumstances;
(2) applied by the relying party in a trustworthy | |
(3) reasonably and in good faith relied upon by the
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(b) A qualified security procedure for purposes of this Section is a
security procedure to
detect changes in the content of an electronic record that is:
(1) previously agreed to by the parties; or
(2) certified by the Secretary of State in accordance
| | with Section 10-135 as being capable of providing reliable evidence that an electronic record has not been altered.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/10-110
(5 ILCS 175/10-110)
Sec. 10-110.
Secure electronic signature.
(a) If, through the use of a qualified security procedure, it can be
verified that an electronic
signature is the signature of a specific person, then such electronic signature
shall be considered to be a
secure electronic signature at the time of verification, if the relying party
establishes that the qualified
security procedure was:
(1) commercially reasonable under the circumstances;
(2) applied by the relying party in a trustworthy | |
(3) reasonably and in good faith relied upon by the
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(b) A qualified security procedure for purposes of this Section is a
security procedure for
identifying a person that is:
(1) previously agreed to by the parties; or
(2) certified by the Secretary of State in accordance
| | with Section 10-135 as being capable of creating, in a trustworthy manner, an electronic signature that:
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(A) is unique to the signer within the context in
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(B) can be used to objectively identify the
| | person signing the electronic record;
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(C) was reliably created by such identified
| | person, (e.g., because some aspect of the procedure involves the use of a signature device or other means or method that is under the sole control of such person), and that cannot be readily duplicated or compromised; and
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(D) is created, and is linked to the electronic
| | record to which it relates, in a manner such that if the record or the signature is intentionally or unintentionally changed after signing the electronic signature is invalidated.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/10-115
(5 ILCS 175/10-115)
Sec. 10-115. Commercially reasonable; reliance.
(a) The commercial reasonableness of a security
procedure is a question of law to be determined in light of the purposes of the
procedure and the commercial
circumstances at the time the
procedure was used, including the nature of the transaction, sophistication of
the parties, volume of
similar transactions engaged in by either or both of the parties, availability
of alternatives offered to but
rejected by either of the parties, cost of alternative procedures, and
procedures in general use for similar
types of transactions.
(b) Whether reliance on a security procedure was reasonable and in good
faith is to be
determined in light of all the circumstances known to the relying party at the
time of the reliance, having
due regard to:
(1) the information that the relying party knew or | | should have known of at the time of reliance that would suggest that reliance was or was not reasonable;
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(2) the value or importance of the electronic record,
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(3) any course of dealing between the relying party
| | and the purported sender and the available indicia of reliability or unreliability apart from the security procedure;
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(4) any usage of trade, particularly trade conducted
| | by trustworthy systems or other computer-based means; and
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(5) whether the verification was performed with the
| | assistance of an independent third party.
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(Source: P.A. 99-78, eff. 7-20-15.)
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5 ILCS 175/10-120
(5 ILCS 175/10-120)
Sec. 10-120.
Presumptions.
(a) In resolving a civil dispute involving a secure electronic record, it
shall be rebuttably
presumed that the electronic record has not been altered since the specific
point in time to which the
secure status relates.
(b) In resolving a civil dispute involving a secure electronic signature, it
shall be rebuttably
presumed that the secure electronic signature is the signature of the person to
whom it correlates.
(c) The effect of presumptions provided in this Section is to place on the
party challenging
the integrity of a secure electronic record or challenging the genuineness of a
secure electronic signature
both the burden of going forward with evidence to rebut the presumption and the
burden of persuading
the trier of fact that the nonexistence of the presumed fact is more probable
than its existence.
(d) In the absence of a secure electronic record or a secure electronic
signature, nothing in
this Act shall change existing rules regarding legal or evidentiary rules
regarding the burden of proving
the authenticity and integrity of an electronic record or an electronic
signature.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/10-125
(5 ILCS 175/10-125)
Sec. 10-125.
Creation and control of signature devices.
Except as otherwise provided by another applicable rule of law, whenever the
creation, validity,
or reliability of an electronic signature created by a qualified security
procedure under Section 10-105 or 10-110
is dependent upon the secrecy or control of a signature device of the
signer:
(1) the person generating or creating the signature | | device must do so in a trustworthy manner;
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(2) the signer and all other persons that rightfully
| | have access to such signature device must exercise reasonable care to retain control and maintain the secrecy of the signature device, and to protect it from any unauthorized access, disclosure, or use, during the period when reliance on a signature created by such device is reasonable;
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(3) in the event that the signer, or any other person
| | that rightfully has access to such signature device, knows or has reason to know that the secrecy or control of any such signature device has been compromised, such person must make a reasonable effort to promptly notify all persons that such person knows might foreseeably be damaged as a result of such compromise, or where an appropriate publication mechanism is available (which, for State agencies, may include the official newspaper designated pursuant to Section 4 of the Illinois Purchasing Act where appropriate), to publish notice of the compromise and a disavowal of any signatures created thereafter.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/10-130
(5 ILCS 175/10-130)
Sec. 10-130.
Attribution of signature.
(a) Except as provided by another applicable rule of law, a secure
electronic signature is
attributable to the person to whom it correlates, whether or not authorized,
if:
(1) the electronic signature resulted from acts of a | | person that obtained the signature device or other information necessary to create the signature from a source under the control of the alleged signer, creating the appearance that it came from that party;
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(2) the access or use occurred under circumstances
| | constituting a failure to exercise reasonable care by the alleged signer; and
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(3) the relying party relied reasonably and in good
| | faith to its detriment on the apparent source of the electronic record.
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(b) The provisions of this Section shall not apply to transactions intended
primarily for
personal, family, or household use, or otherwise defined as consumer
transactions by applicable law
including, but not limited to, credit card and automated teller machine
transactions except to the
extent allowed by
applicable consumer law.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/10-135
(5 ILCS 175/10-135)
Sec. 10-135.
Secretary of State authority to certify
security procedures.
(a) A security procedure may be certified by the Secretary of State, as a
qualified security
procedure for purposes of Sections 10-105 or 10-110, following an appropriate
investigation or review, if:
(1) the security procedure (including any technology | | and algorithms it employs) is completely open and fully disclosed to the public, and has been so for a sufficient length of time, so as to facilitate a comprehensive review and evaluation of its suitability for the intended purpose by the applicable information security or scientific community; and
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(2) the security procedure (including any technology
| | and algorithms it employs) has been generally accepted in the applicable information security or scientific community as being capable of satisfying the requirements of Section 10-105 or 10-110, as applicable, in a trustworthy manner.
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(b) In making a determination regarding whether the security procedure
(including any
technology and algorithms it employs) has been generally accepted in the
applicable information security
or scientific community, the Secretary of State shall consider the opinion of
independent experts in the
applicable field and the published findings of such community, including
applicable standards
organizations such as the American National Standards Institute (ANSI),
International Standards
Organization (ISO), International Telecommunications Union (ITU), and the
National Institute of
Standards and Technology (NIST).
(c) Such certification shall be done through the adoption of rules in
accordance with
the provisions of the Illinois Administrative Procedure Act
and shall specify a
full and complete identification of the security procedure, including
requirements as to how it is to be
implemented, if appropriate.
(d) The Secretary of State may also decertify a security procedure as a
qualified security
procedure for purposes of Sections 10-105 or 10-110 following an appropriate
investigation or review and
the adoption of rules in accordance with the provisions of the Illinois
Administrative Procedure
Act if subsequent developments establish that the
security procedure is no
longer sufficiently trustworthy or reliable for its intended purpose, or for
any other reason no longer
meets the requirements for certification.
(e) The Secretary of State shall have exclusive authority to certify
security procedures
under this Section.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/10-140
(5 ILCS 175/10-140)
Sec. 10-140.
Unauthorized use of signature device.
(a) No person shall knowingly or intentionally access, copy, or otherwise
obtain possession
of or recreate the signature device of another person without authorization for
the purpose of creating,
or allowing or causing another person to create, an unauthorized electronic
signature using such
signature device. A person convicted of a violation of this subsection shall
be guilty of a Class A
misdemeanor.
(b) No person shall knowingly alter, disclose, or use the signature device
of another person
without authorization, or in excess of lawful authorization, for the purpose of
creating, or allowing or
causing another person to create, an unauthorized electronic signature using
such signature device. A
person convicted of a violation of this subsection shall be guilty of a Class 4
felony. A person
convicted of a violation of this subsection who has previously been convicted
of a violation of this
subsection or Section 15-210 shall be guilty of a Class 3 felony. A person who
violates this Section in
furtherance of any scheme or artifice to defraud in excess of $50,000 shall be
guilty of a Class 2 felony.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 15
(5 ILCS 175/Art. 15 heading)
ARTICLE 15.
EFFECT OF A DIGITAL SIGNATURE
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5 ILCS 175/15-101
(5 ILCS 175/15-101)
Sec. 15-101.
Secure electronic record.
A digital signature that is
created
using an asymmetric algorithm certified by the Secretary of State under
item (2) of subsection (b) of Section
10-105 shall be
considered to be a qualified security procedure for purposes of detecting
changes in the content of an
electronic record under Section 10-105 if the digital signature was created
during the operational period of
a valid certificate, and is verified by reference to the public key listed in
such certificate.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-105
(5 ILCS 175/15-105)
Sec. 15-105.
Secure electronic signature.
A digital signature that is
created
using an asymmetric algorithm certified by the Secretary of State under
item (2) of subsection (b) of
Section
10-110 shall be
considered to be a qualified security procedure for purposes of identifying a
person under Section 10-110
if:
(1) the digital signature was created during the | | operational period of a valid certificate, was used within the scope of any other restrictions specified or incorporated by reference in the certificate, if any, and can be verified by reference to the public key listed in the certificate; and
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(2) the certificate is considered trustworthy (i.e.,
| | an accurate binding of a public key to a person's identity) because the certificate was issued by a certification authority in accordance with standards, procedures, and other requirements specified by the Secretary of State, or the trier of fact independently finds that the certificate was issued in a trustworthy manner by a certification authority that properly authenticated the subscriber and the subscriber's public key, or otherwise finds that the material information set forth in the certificate is true.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-115
(5 ILCS 175/15-115)
Sec. 15-115.
Secretary of State authority to adopt
rules.
(a) The Secretary of State may adopt rules applicable to both the
public and private
sectors for the purpose of defining when a certificate is considered
sufficiently trustworthy under Section 15-105
such that a digital signature verified by reference to such a certificate will
be considered a qualified
security procedure under Section 10-110. The rules may include (1)
establishing or adopting
standards applicable to certification authorities or certificates, compliance
with which may be measured
by becoming certified by the Secretary of State, becoming accredited by one or
more independent
accrediting entities recognized by the Secretary of State, or by other
appropriate means and (2) where
appropriate, establishing fees to be charged by the Secretary of State to
recover all or a portion of its
costs in connection therewith.
(b) In developing the rules, the Secretary of State shall endeavor to
do so in a
manner that will provide maximum flexibility to the implementation of digital
signature technology and the
business models necessary to support it, that will provide a clear basis for
the recognition of certificates
issued by foreign certification authorities, and, to the extent reasonably
possible, that will maximize the
opportunities for uniformity with the laws of other jurisdictions (both within
the United States and
internationally).
(c) The Secretary of State shall have exclusive authority to adopt
rules authorized by
this Section.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-201
(5 ILCS 175/15-201)
Sec. 15-201.
Reliance on certificates foreseeable.
It is foreseeable
that
persons relying on a digital signature will also rely on a valid certificate
containing the public key by
which the digital signature can be verified, during the operational period of
such certificate and within
any limits specified in such certificate.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-205
(5 ILCS 175/15-205)
Sec. 15-205.
Restrictions on publication of certificate.
No person
may publish a certificate, or otherwise knowingly make it available to anyone
likely to rely on the
certificate or on a digital signature that is verifiable with reference to the
public key listed in the
certificate, if such person knows that:
(1) the certification authority listed in the | | certificate has not issued it;
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(2) the subscriber listed in the certificate has not
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(3) the certificate has been revoked or suspended,
| | unless such publication is for the purpose of verifying a digital signature created prior to such revocation or suspension, or giving notice of revocation or suspension.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-210
(5 ILCS 175/15-210)
Sec. 15-210.
Fraudulent use.
No person shall knowingly create, publish,
alter, or
otherwise use a certificate for any fraudulent or other unlawful purpose. A
person convicted of a
violation of this Section shall be guilty of a Class 4 felony. A person
convicted of a violation of this
Section who previously has been convicted of a violation of this Section or
Section 10-140 shall be guilty of a
Class 3 felony. A person who violates this Section in furtherance of any scheme
or artifice to defraud in
excess of $50,000 shall be guilty of a Class 2 felony.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-215
(5 ILCS 175/15-215)
Sec. 15-215.
False or unauthorized request.
No person shall knowingly
misrepresent his or her identity or authorization in requesting or accepting a
certificate or in requesting
suspension or revocation of a certificate. A person convicted of a violation
of this Section shall be
guilty of a Class A misdemeanor. A person who violates this Section 10 times
within a 12-month period, or in
furtherance of any scheme or artifice to defraud, shall be guilty of a Class 4
felony. A person who
violates this Section in furtherance of any scheme or artifice to defraud in
excess of $50,000 shall be
guilty of a Class 2 felony.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-220
(5 ILCS 175/15-220)
Sec. 15-220.
Unauthorized use of signature device.
No person shall
knowingly access, alter, disclose, or use the signature device of a
certification authority used to issue
certificates without authorization, or in excess of lawful authorization, for
the purpose of creating, or
allowing or causing another person to create, an unauthorized electronic
signature using such signature
device. A person convicted of a violation of this Section shall be guilty of
a Class 3 felony. A person
who violates this Section in furtherance of any scheme or artifice to defraud
shall be guilty of a Class 2
felony.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-301
(5 ILCS 175/15-301)
Sec. 15-301.
Trustworthy services.
Except as conspicuously set forth in
its certification practice statement, a certification authority and a person
maintaining a repository must
maintain its operations and perform its services in a trustworthy manner.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/15-305
(5 ILCS 175/15-305)
Sec. 15-305.
Disclosure.
(a) For each certificate issued by a certification authority with the
intention that it will be
relied upon by third parties to verify digital signatures created by
subscribers, a certification authority
must publish or otherwise make available to the subscriber and all such relying
parties:
(1) its certification practice statement, if any, | |
(2) its certificate that identifies the certification
| | authority as a subscriber and that contains the public key corresponding to the private key used by the certification authority to digitally sign the certificate (its "certification authority certificate").
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(b) In the event of an occurrence that materially and adversely affects a
certification
authority's operations or system, its certification authority certificate, or
any other aspect of its ability to
operate in a trustworthy manner, the certification authority must act in
accordance with procedures
governing such an occurrence specified in its certification practice statement,
or in the absence of such
procedures, must use reasonable efforts to notify any persons that the
certification authority knows
might foreseeably be damaged as a result of such occurrence.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-310
(5 ILCS 175/15-310)
Sec. 15-310.
Issuance of a certificate.
A certification authority may
issue
a
certificate to a prospective subscriber for the purpose of allowing third
parties to verify digital signatures
created by the subscriber only after:
(1) the certification authority has received a | | request for issuance from the prospective subscriber; and
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(2) the certification authority has:
(A) complied with all of the relevant practices
| | and procedures set forth in its applicable certification practice statement, if any; or
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(B) in the absence of a certification practice
| | statement addressing these issues, confirmed in a trustworthy manner that:
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(i) the prospective subscriber is the person
| | to be listed in the certificate to be issued;
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(ii) the information in the certificate to be
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(iii) the prospective subscriber rightfully
| | holds a private key capable of creating a digital signature, and the public key to be listed in the certificate can be used to verify a digital signature affixed by such private key.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-315
(5 ILCS 175/15-315)
Sec. 15-315.
Representations upon issuance of certificate.
(a) By issuing a certificate with the intention that it will be relied upon
by third parties to
verify digital signatures created by the subscriber, a certification authority
represents to the subscriber,
and to any person who reasonably relies on information contained in the
certificate, in good faith and
during its operational period, that:
(1) the certification authority has processed, | | approved, and issued, and will manage and revoke if necessary, the certificate in accordance with its applicable certification practice statement stated or incorporated by reference in the certificate or of which such person has notice, or in lieu thereof, in accordance with this Act or the law of the jurisdiction governing issuance of the certificate;
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(2) the certification authority has verified the
| | identity of the subscriber to the extent stated in the certificate or its applicable certification practice statement, or in lieu thereof, that the certification authority has verified the identity of the subscriber in a trustworthy manner;
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(3) the certification authority has verified that the
| | person requesting the certificate holds the private key corresponding to the public key listed in the certificate; and
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(4) except as conspicuously set forth in the
| | certificate or its applicable certification practice statement, to the certification authority's knowledge as of the date the certificate was issued, all other information in the certificate is accurate, and not materially misleading.
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(b) If a certification authority issued the certificate subject to the
laws
of another jurisdiction,
the certification authority also makes all warranties and representations, if
any, otherwise applicable
under the law governing its issuance.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/15-320
(5 ILCS 175/15-320)
Sec. 15-320.
Revocation of a certificate.
(a) During the operational period of a certificate, the certification
authority that issued the
certificate must revoke the certificate in accordance with the policies and
procedures governing
revocation specified in its applicable certification practice statement, or in
the absence of such policies
and procedures, as soon as possible after:
(1) receiving a request for revocation by the | | subscriber named in the certificate, and confirming that the person requesting revocation is the subscriber, or is an agent of the subscriber with authority to request the revocation;
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(2) receiving a certified copy of an individual
| | subscriber's death certificate, or upon confirming by other reliable evidence that the subscriber is dead;
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(3) being presented with documents effecting a
| | dissolution of a corporate subscriber, or confirmation by other evidence that the subscriber has been dissolved or has ceased to exist;
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(4) being served with an order requiring revocation
| | that was issued by a court of competent jurisdiction; or
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(5) confirmation by the certification authority that:
(A) a material fact represented in the
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(B) a material prerequisite to issuance of the
| | certificate was not satisfied;
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(C) the certification authority's private key or
| | system operations were compromised in a manner materially affecting the certificate's reliability; or
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(D) the subscriber's private key was compromised.
(b) Upon effecting such a revocation, the certification authority must
notify the subscriber
and relying parties in accordance with the policies and procedures governing
notice of revocation
specified in its applicable certification practice statement, or in the absence
of such policies and
procedures, promptly notify the subscriber, promptly publish notice of the
revocation in all repositories
where the certification authority previously caused publication of the
certificate, and otherwise disclose
the fact of revocation on inquiry by a relying party.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/Art. 20
(5 ILCS 175/Art. 20 heading)
ARTICLE 20.
DUTIES OF SUBSCRIBERS
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5 ILCS 175/20-101
(5 ILCS 175/20-101)
Sec. 20-101.
Obtaining a certificate.
All material representations
knowingly
made by a person to a certification authority for purposes of obtaining a
certificate naming such person
as a subscriber must be accurate and complete to the best of such
person's knowledge and belief.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/20-105
(5 ILCS 175/20-105)
Sec. 20-105.
Acceptance of a certificate.
(a) A person accepts a certificate that names such person as a subscriber by
publishing or
approving publication of it to one or more persons, or in a repository, or
otherwise demonstrating
approval of it, while knowing or having notice of its contents.
(b) By accepting a certificate, the subscriber listed in the certificate
represents to any person
who reasonably relies on information contained in the certificate, in good
faith and during its operational
period, that:
(1) the subscriber rightfully holds the private key | | corresponding to the public key listed in the certificate;
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(2) all representations made by the subscriber to the
| | certification authority and material to the information listed in the certificate are true; and
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(3) all information in the certificate that is within
| | the knowledge of the subscriber is true.
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(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/20-110
(5 ILCS 175/20-110)
Sec. 20-110.
Revocation of certificate.
Except as otherwise provided by
another applicable rule of law, if the private key corresponding to the public
key listed in a valid
certificate is lost, stolen, accessible to an unauthorized person, or otherwise
compromised during the
operational period of the certificate, a subscriber who has learned of the
compromise must promptly
request the issuing certification authority to revoke the certificate and
publish notice of revocation in all
repositories in which the subscriber previously authorized the certificate to
be published, or otherwise
provide reasonable notice of the revocation.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 25
(5 ILCS 175/Art. 25 heading)
ARTICLE 25.
STATE AGENCY USE OF
ELECTRONIC RECORDS AND SIGNATURES
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5 ILCS 175/25-101
(5 ILCS 175/25-101)
Sec. 25-101.
State agency use of electronic records.
(a) Each State agency shall determine if, and the extent to which, it will
send and receive
electronic records and electronic signatures to and from other persons and
otherwise create, use, store,
and rely upon electronic records and electronic signatures.
(b) In any case where a State agency decides to send or receive electronic
records, or to
accept document filings by electronic records, the State agency may, by
appropriate agency rule (or
court rule where appropriate), giving due consideration to security, specify:
(1) the manner and format in which such electronic | | records must be created, sent, received, and stored;
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(2) if such electronic records must be signed, the
| | type of electronic signature required, the manner and format in which such signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by the person filing the document to facilitate the process;
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(3) control processes and procedures as appropriate
| | to ensure adequate integrity, security, confidentiality, and auditability of such electronic records; and
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(4) any other required attributes for such electronic
| | records that are currently specified for corresponding paper documents, or reasonably necessary under the circumstances.
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(c) All rules adopted by a State agency shall include the relevant
minimum security
requirements established by the Department of Central Management Services, if
any.
(d) Whenever any rule of law requires or authorizes the filing of any
information, notice, lien,
or other document or record with any State agency, a filing made by an
electronic record shall have the
same force and effect as a filing made on paper in all cases where the State
agency has authorized or
agreed to such electronic filing and the filing is made in accordance with
applicable rules or
agreement.
(e) Nothing in this Act shall be construed to require any State agency to
use or to permit
the use of electronic records or electronic signatures.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/25-105
(5 ILCS 175/25-105)
Sec. 25-105.
Department of Central Management Services to adopt State
standards.
(a) The Department of Central Management Services may adopt
rules
setting forth minimum security requirements for the use of electronic records
and electronic signatures by
State agencies.
(b) The Department of Central Management Services
shall specify appropriate minimum security requirements to be implemented and
followed by State
agencies for (1) the generation, use, and storage of key pairs, (2) the
issuance, acceptance, use,
suspension, and revocation of certificates, and (3) the use of digital
signatures.
(c) Each State agency shall have the authority to issue, or
contract for the issuance of, certificates to (i) its employees and agents and
(ii) persons conducting
business or other transactions with such State agency and to take other
actions consistent therewith,
including the establishment of repositories and the suspension or revocation of
certificates so issued,
provided that the foregoing is conducted in accordance with all the rules,
procedures, and policies
specified by the Department of Central Management Services. The
Department of Central Management Services shall have the
authority to specify the rules,
procedures, and policies whereby State agencies may issue or contract for the
issuance of certificates.
(d) The Department of Central Management Services may specify
appropriate minimum
standards and requirements that must be satisfied by a certification authority
before:
(1) its services are used by any State agency for the | | issuance, publication, revocation, and suspension of certificates to such agency, or its employees or agents (for official use); or
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(2) the certificates it issues will be accepted for
| | purposes of verifying digitally signed electronic records sent to any State agency by any person.
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(e) Where appropriate, the rules adopted by the Department of Central
Management Services
pursuant to this
Section shall specify differing levels of minimum standards from which
implementing State agencies can
select the standard most appropriate for a particular application.
(f) The General Assembly, through the Joint Committee on Legislative
Support Services, and the Supreme Court, separately for the respective
branches, may adopt rules setting forth the minimum security requirements for
the use of electronic records and electronic signatures by the respective
branches. The rules shall generally be consistent with the rules adopted by
the Department of Central Management Services. The Joint Committee on
Legislative Support Services and the Supreme Court may also accept the rules
adopted by the Department of Central Management Services for the use of
electronic records and electronic signatures by the respective branches.
(g) Except as provided in subsection (f) and in Section 25-101, the
Department of Central Management Services shall have exclusive authority to
adopt rules authorized by this Section.
(Source: P.A. 90-759, eff. 7-1-99 .)
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5 ILCS 175/25-115
(5 ILCS 175/25-115)
Sec. 25-115.
Interoperability.
To the extent reasonable under the
circumstances,
rules adopted by the Department of Central Management Services or a State
agency relating to the
use of electronic records
or electronic signatures shall be drafted in a manner designed to encourage and
promote consistency
and interoperability with similar requirements adopted by government agencies
of other states and the
federal government.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 27
(5 ILCS 175/Art. 27 heading)
ARTICLE 27.
ELECTRONIC COMMERCE SECURITY CERTIFICATION FUND
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5 ILCS 175/27-5
(5 ILCS 175/27-5)
Sec. 27-5.
Electronic Commerce Security Certification Fund.
Fees
collected by the Secretary of State under Section 15-115 of this Act must be
deposited into the Electronic Commerce Security Certification Fund, a special
fund created in the State treasury. Subject to appropriation, moneys in the
Fund shall be used
by the Secretary of State for the administration of this Act.
(Source: P.A. 91-58, eff. 7-1-99.)
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5 ILCS 175/Art. 30
(5 ILCS 175/Art. 30 heading)
ARTICLE 30.
ENFORCEMENT; CIVIL REMEDY; SEVERABILITY
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5 ILCS 175/30-1
(5 ILCS 175/30-1)
Sec. 30-1.
Enforcement.
The Secretary of State may investigate
complaints or
other information indicating violations of rules adopted by the Secretary
of State under
this Act. The Secretary of State shall certify
to the Attorney General, for such action as the Attorney General may deem
appropriate, all information he or she
obtains that discloses a violation of any provision of this Act or the
rules adopted by the
Secretary of State under this Act.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/30-5
(5 ILCS 175/30-5)
Sec. 30-5. Civil remedy. Whoever suffers loss by reason of a violation
of Section 10-140, 15-210, 15-215, or 15-220
of this Act or Section 17-3 of the Criminal Code of 1961 or the Criminal Code of 2012 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
attorneys fees and other litigation expenses.
(Source: P.A. 97-1150, eff. 1-25-13.)
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5 ILCS 175/30-110
(5 ILCS 175/30-110)
Sec. 30-110.
Severability.
The provisions of this Act are severable
under Section 1.31 of the Statute on Statutes.
(Source: P.A. 90-759, eff. 7-1-99.)
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5 ILCS 175/Art. 95
(5 ILCS 175/Art. 95 heading)
ARTICLE 95.
AMENDATORY PROVISIONS
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5 ILCS 175/95-1
(5 ILCS 175/95-1)
Sec. 95-1.
(Amendatory provisions; text omitted).
(Source: P.A. 90-759, eff. 7-1-99; text omitted.)
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5 ILCS 175/95-5
(5 ILCS 175/95-5)
Sec. 95-5.
(Amendatory provisions; text omitted.)
(Source: P.A. 90-759, eff. 7-1-99; text omitted.)
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5 ILCS 175/95-10
(5 ILCS 175/95-10)
Sec. 95-10.
(Amendatory provisions; text omitted).
(Source: P.A. 90-759, eff. 7-1-99; text omitted.)
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5 ILCS 175/95-15
(5 ILCS 175/95-15)
Sec. 95-15.
(Amendatory provisions; text omitted).
(Source: P.A. 90-759, eff. 7-1-99; text omitted.)
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5 ILCS 175/95-20 (5 ILCS 175/95-20) Sec. 95-20. Remote witnessing and notarization. (a) The purpose of this Section is to give statutory approval to the notary and witness guidelines provided in State of Illinois Executive Order 2020-14. (b) Notwithstanding any provision of law, rule, or regulation, effective March 26, 2020 and ending 30 days after expiration of the Governor's emergency declaration regarding COVID-19, a notarial act or an act of witnessing, including when a person must "appear before", act "in the presence of", or any variation thereof, may be performed through means of two-way audio-video communication technology that allows for direct contemporaneous interaction by sight and sound between the individual signing the document, the witness and the notary public. (c) A notarial act satisfies the "appearing before" requirement under Section 6-102 of the Illinois Notary Public Act if the notary public performs a remote notarization via two-way audio-video communication technology, provided that the Notary Public commissioned in Illinois is physically within the State while performing the notarial act and the transaction follows any guidance or rules provided by the Illinois Secretary of State in existence on the date of notarization. (d) An act of witnessing and the technology used in the audio-video communication must substantially comply with the following process:
(1) the two-way audio-video communication must be recorded and preserved by the signatory or the signatory's designee for a period of at least 3 years;
(2) the signatory must attest to being physically located in Illinois during the two-way audio-video communication;
(3) the witness must attest to being physically located in Illinois during the two-way audio-video communication;
(4) the signatory must affirmatively state on the two-way audio-video communication what document the signatory is signing;
(5) each page of the document being witnessed must be shown to the witness on the two-way audio-video communication technology in a means clearly legible to the witness and initialed by the signatory in the presence of the witness;
(6) the act of signing must be captured sufficiently up close on the two-way audio-video communication for the witness to observe;
(7) the signatory must transmit by overnight mail, fax, electronic or other means a legible copy of the entire signed document directly to the witness no later than the day after the document is signed;
(8) the witness must sign the transmitted copy of the document as a witness and transmit the signed copy of the document back via overnight mail, fax, electronic or other means to the signatory within 24 hours of receipt; and (9) if necessary, the witness may sign the original signed document as of the date of the original execution by the signatory provided that the witness receives the original signed document together with the electronically witnessed copy within thirty days from the date of the remote witnessing. (d) The prohibition on electronic signatures on certain documents in subsection (c) of Section 120 remains in full effect. (e) Notwithstanding any law or rule of the State of Illinois to the contrary, absent an express prohibition in a document against signing in counterparts, all legal documents, including, but not limited to, deeds, last wills and testaments, trusts, durable powers of attorney for property, and powers of attorney for health care, may be signed in counterparts by the witnesses and the signatory. A notary public must be presented with a fax or electronic copy of the document signature pages showing the witness signatures on the same date the document is signed by the signatory if the notary public is being asked to certify to the appearance of the witnesses to a document. (f) Any technology issues that may occur do not impact the validity or effect of any instrument or document signed under this Section. As used in this Section, "technology issues" include, but are not limited to, problems with the internet connection, user error related to the use of technology, the file containing a recorded act becoming corrupted, or other temporary malfunctions involving the technology used in an act of witnessing or a notarial act.
(Source: P.A. 101-640, eff. 6-12-20.) |
5 ILCS 175/Art. 99
(5 ILCS 175/Art. 99 heading)
ARTICLE 99.
EFFECTIVE DATE
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5 ILCS 175/99-1
(5 ILCS 175/99-1)
Sec. 99-1.
Effective date.
This Act takes effect July 1, 1999.
(Source: P.A. 90-759, eff. 7-1-99.)
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