Illinois 94th Regular Session Status: Passed Senate 1 R cosponsors

SB 3036 — CONSMR PROTECT SPYWARE ACT

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Provides a civil penalty for violations of the Act. Permits the Attorney General to obtain a restraining order or injunction for violations of the Act.

Bill Text

What changed in the latest version

221 added · 239 removed

Plain-language change summary

The recent changes to Bill SB 3036 include a new provision that protects manufacturers and retailers of computer equipment from liability when they provide third-party branded software with their products. This means that if a company sells a computer with software that was not developed by them, they are not held responsible for any issues arising from that software. This amendment is significant because it encourages businesses to sell a wider range of products without fear of legal repercussions, potentially benefiting consumers with more options.

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*LRB09418891LJB54335b* SB3036 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB3036 Introduced 1/20/2006, by Sen.
SB3036 Engrossed LRB094 18891 LJB 54335 b AN ACT concerning business.
Dave Syverson - Peter J.
Roskam - Christine Radogno SYNOPSIS AS INTRODUCED:
New Act Creates the Consumer Protection Against Computer Spyware Act.
Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct.
Provides that certain persons may bring a civil action against a violator of the Act.
Provides a civil penalty for violations of the Act.
Permits the Attorney General to obtain a restraining order or injunction for violations of the Act.
LRB094 18891 LJB 54335 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB3036 LRB094 18891 LJB 54335 b AN ACT concerning business.
SB3036 - 2 - LRB094 18891 LJB 54335 b "Damage" means, with respect to a computer, significant impairment to the integrity or availability of data, computer software, a system, or information.
SB3036 Engrossed - 2 - LRB094 18891 LJB 54335 b "Damage" means, with respect to a computer, significant impairment to the integrity or availability of data, computer software, a system, or information.
SB3036 - 3 - LRB094 18891 LJB 54335 b (B) overdraft history;
SB3036 Engrossed - 3 - LRB094 18891 LJB 54335 b (B) overdraft history;
or (2) the collection or disclosure of subscriber information by a multichannel video programming distributor or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming SB3036 - 4 - LRB094 18891 LJB 54335 b system if the collection or disclosure of the information is subject to 47 U.S.C.
or (2) the collection or disclosure of subscriber information by a multichannel video programming distributor or video programmer in connection with the provision of multichannel video programming or other services offered over a multichannel video programming SB3036 Engrossed - 4 - LRB094 18891 LJB 54335 b system if the collection or disclosure of the information is subject to 47 U.S.C.
(d) A manufacturer or retailer of computer equipment shall not be liable under this Act to the extent that the manufacturer or retailer is providing third-party branded software loaded on the equipment they are manufacturing or selling.
or (F) overdraft history.
or SB3036 Engrossed - 5 - LRB094 18891 LJB 54335 b (F) overdraft history.
If a person is not the owner or operator of the computer, the person may not knowingly SB3036 - 5 - LRB094 18891 LJB 54335 b cause computer software to be copied to a computer in this State and use the software to do any of the following:
If a person is not the owner or operator of the computer, the person may not knowingly cause computer software to be copied to a computer in this State and use the software to do any of the following:
(3) Modify settings on the computer that relate to access to or use of the Internet and protection of information for purposes of stealing personally identifiable information of the owner or operator of the computer.
(3) Modify settings on the computer that relate to access to or use of the Internet and protection of SB3036 Engrossed - 6 - LRB094 18891 LJB 54335 b information for purposes of stealing personally identifiable information of the owner or operator of the computer.
(4) Modify security settings on the computer relating to access to or use of the Internet for purposes of causing SB3036 - 6 - LRB094 18891 LJB 54335 b damage to one or more computers.
(4) Modify security settings on the computer relating to access to or use of the Internet for purposes of causing damage to one or more computers.
(6) Create randomized or intentionally deceptive file names or random or intentionally deceptive directory folders, formats, or registry entries to avoid detection and prevent the owner from removing computer software.
SB3036 Engrossed - 7 - LRB094 18891 LJB 54335 b (6) Create randomized or intentionally deceptive file names or random or intentionally deceptive directory folders, formats, or registry entries to avoid detection and prevent the owner from removing computer software.
SB3036 - 7 - LRB094 18891 LJB 54335 b Section 30.
Section 30.
(2) intentionally makes a statement or uses a description that omits or misrepresents material information;
(2) intentionally makes a statement or uses a description that omits or misrepresents material SB3036 Engrossed - 8 - LRB094 18891 LJB 54335 b information;
SB3036 - 8 - LRB094 18891 LJB 54335 b Section 45.
Section 45.
(1) a provider of computer software;
(1) a provider of computer hardware or software;
(f) For purposes of subsection (b), violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
SB3036 Engrossed - 9 - LRB094 18891 LJB 54335 b (f) For purposes of subsection (b), violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
(g) In the case of a violation of Section 20 that causes a SB3036 - 9 - LRB094 18891 LJB 54335 b telecommunications carrier or cable operator to incur costs for the origination, transportation, or termination of a call triggered using the modem of a customer of the telecommunications carrier or cable operator as a result of the violation and in addition to any other remedy provided by law, a telecommunications carrier or cable operator bringing an action under this Section may:
(g) In the case of a violation of Section 20 that causes a telecommunications carrier or cable operator to incur costs for the origination, transportation, or termination of a call triggered using the modem of a customer of the telecommunications carrier or cable operator as a result of the violation and in addition to any other remedy provided by law, a telecommunications carrier or cable operator bringing an action under this Section may:
(b) If it appears to the Attorney General that a person is engaging in, has engaged in, or is about to engage in conduct that violates this Act, the Attorney General may bring an action in the name of this State against the person to restrain the violation by a temporary restraining order or a permanent or temporary injunction.
(b) If it appears to the Attorney General that a person is engaging in, has engaged in, or is about to engage in conduct SB3036 Engrossed - 10 - LRB094 18891 LJB 54335 b that violates this Act, the Attorney General may bring an action in the name of this State against the person to restrain the violation by a temporary restraining order or a permanent or temporary injunction.
(c) The Attorney General is entitled to recover reasonable SB3036 - 10 - LRB094 18891 LJB 54335 b expenses incurred in obtaining injunctive relief, civil penalties, or both under this Section, including reasonable attorney’s fees and court costs.
(c) The Attorney General is entitled to recover reasonable expenses incurred in obtaining injunctive relief, civil penalties, or both under this Section, including reasonable attorney’s fees and court costs.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Final Action Deadline Extended-9(b) April 13, 2006

  4. House Floor Amendment No. 2 Referred to Rules Committee

  5. House Floor Amendment No. 2 Filed with Clerk by Rep. Sidney H. Mathias

  6. House Floor Amendment No. 1 Referred to Rules Committee

  7. House Floor Amendment No. 1 Filed with Clerk by Rep. Sidney H. Mathias

  8. Held on Calendar Order of Second Reading - Short Debate

  9. Recalled to Second Reading - Short Debate

  10. Final Action Deadline Extended-9(b) April 7, 2006

  11. Added Alternate Co-Sponsor Rep. Esther Golar

  12. Placed on Calendar Order of 3rd Reading - Short Debate

  13. Second Reading - Short Debate

  14. Added Alternate Chief Co-Sponsor Rep. Constance A. Howard

  15. Added Alternate Chief Co-Sponsor Rep. Karen A. Yarbrough

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass / Short Debate Computer Technology Committee; 005-000-000

  18. Assigned to Computer Technology Committee

  19. Added Alternate Chief Co-Sponsor Rep. Randall M. Hultgren

  20. Referred to Rules Committee

  21. First Reading

  22. Chief House Sponsor Rep. Sidney H. Mathias

  23. Placed on Calendar Order of First Reading

  24. Arrived in House

  25. Third Reading - Passed; 057-000-000

  26. Added as Chief Co-Sponsor Sen. Jeffrey M. Schoenberg

  27. Placed on Calendar Order of 3rd Reading February 27, 2006

  28. Senate Floor Amendment No. 1 Adopted; Syverson

  29. Recalled to Second Reading

  30. Senate Floor Amendment No. 1 Recommend Do Adopt Housing & Community Affairs; 008-000-000

  31. Senate Floor Amendment No. 1 Rules Refers to Housing & Community Affairs

  32. Placed on Calendar Order of 3rd Reading February 23, 2006

  33. Second Reading

  34. Senate Floor Amendment No. 1 Referred to Rules

  35. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Dave Syverson

  36. Placed on Calendar Order of 2nd Reading February 16, 2006

  37. Do Pass Housing & Community Affairs; 008-000-000

  38. Postponed - Housing & Community Affairs

  39. Assigned to Housing & Community Affairs

  40. Added as Co-Sponsor Sen. Pamela J. Althoff

  41. Referred to Rules

  42. First Reading

  43. Chief Co-Sponsor Sen. Christine Radogno

  44. Chief Co-Sponsor Sen. Peter J. Roskam

  45. Filed with Secretary by Sen. Dave Syverson

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 57 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 52001
Democrat 4001
Republican 1000
Total 57002
% of votes cast 97%0%0%3%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Shadid — Yea
Link — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Axley — Yea
Bomke — Yea
Burzynski — Yea
Geo-Karis — Yea
Halvorson — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Forby — Yea
Garrett — Yea
Brady — Yea
Munoz — Yea
Lauzen — Yea
Luechtefeld — Yea
Sullivan — Yea
Petka — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Sieben — Yea
Silverstein — Yea
Demuzio — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Winkel — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Haine — Yea
Hendon — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Yea
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

civil-rights technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 3036 do?
Creates the Consumer Protection Against Computer Spyware Act. Sets forth provisions for unauthorized collection or culling of personally identifiable information, unauthorized access to or modifications of computer settings and computer damage, unauthorized interference with installation or disabling computer software, and other prohibited conduct. Provides that certain persons may bring a civil action against a violator of the Act. Provides a civil penalty for violations of the Act. Permits the Attorney General to obtain a restraining order or injunction for violations of the Act.
Who sponsors SB 3036?
SB 3036 is sponsored by Dave Syverson (Republican) and Esther Golar.
What is the current status of SB 3036?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 3036?
Track SB 3036 free on One Click Politics — get push/email alerts when it moves.

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