91st General Assembly
Summary of HB2616
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House Sponsors:
MOFFITT-SCHOENBERG-CURRIE-HULTGREN-MATHIAS AND GARRETT.

Senate Sponsors:
HAWKINSON

Short description: 
ELECTRONIC MAIL ACT                                                        

Synopsis of Bill as introduced:
        Creates the Illinois Electronic Mail Act. Provides that no person      
   or entity conducting business in this State may send or  cause  to  be      
   sent any electronic mail message consisting of unsolicited advertising      
   material   for   the  lease,  sale,  rental,  gift,  offer,  or  other      
   disposition of any realty, goods, services, or extension of credit if:      
   a third party's Internet domain name is used without  permission;  any      
   information  in  identifying  the  point of origin or the transmission      
   path of the message is misrepresented; or the message  contains  false      
   or  misleading  information  in  the  subject  line.   Imposes various      
   requirements upon any person or entity  conducting  business  in  this      
   State  who  sends  or  causes  to  be sent unsolicited electronic mail      
   messages documents consisting of unsolicited advertising material  for      
   the  lease,  sale,  rental,  gift,  offer, or other disposition of any      
   realty, goods, services, or extension of credit.  Provides for various      
   remedies for violations of the Act.  Provides that  violation  of  the      
   Act  is  an  unlawful  practice under the Consumer Fraud and Deceptive      
   Business Practices Act.                                                     
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          720 ILCS 5/16D-2                from Ch. 38, par. 16D-2              
          720 ILCS 5/16D-3                from Ch. 38, par. 16D-3              
          815 ILCS 505/2Z                 from Ch. 121 1/2, par. 262Z          
        Deletes  everything  after  the  enacting   clause.    Adds   new      
   provisions   concerning  transmission  of  unsolicited  or  misleading      
   electronic  mail.   Imposes  penalties  for  violations.  Makes  other      
   changes.  Amends the Consumer Fraud and Deceptive  Business  Practices      
   Act to provide that a violation of the Electronic Mail Act constitutes      
   a  violation  of  the  Consumer Fraud and Deceptive Business Practices      
   Act. Amends  provisions  of  the  Criminal  Code  of  1961  concerning      
   computer  tampering.    Prohibits  the  falsification  or  forging  of      
   electronic  mail information and the sale, distribution, or possession      
   of software that facilitates  the  falsification  of  electronic  mail      
   transmission information.  Imposes penalties for violations.                
        SENATE AMENDMENT NO. 1.                                                
        In the definition of "unsolicited electronic mail advertisement",      
   provides that the term applies if the initiator does not have a "prior      
   or existing" (instead of "existing") business or personal relationship      
   with the  recipient  and  other  conditions  are  met.   Changes  some      
   references   to  "electronic  mail  advertisement"  to  references  to      
   "unsolicited electronic mail advertisement".                                
 
Last action on Bill: PUBLIC ACT.............................. 91-0233

   Last action date: 99-07-22

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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