HB 5511

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Full Text of HB5511
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	HB5511 - 104th General Assembly
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		HB5511 Enrolled		LRB104 20720 SPS 34223 b
1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the
5Children's Online Social Media Safety Act.
6    Section 5. Definitions. As used in this Act:
7    "Account holder" means an individual who is at least 18
8years of age or a parent or legal guardian of a user who is
9under 18 years of age in this State. "Account holder" does not
10include a parent or legal guardian of an emancipated minor or a
11parent or legal guardian who is not associated with a user's
12device.
13    "Addictive feed" means a website, online service, online
14application, or mobile application, or a portion thereof, in
15which multiple pieces of media generated or shared by users of
16a website, online service, online application, or mobile
17application, either concurrently or sequentially, are
18recommended, selected, or prioritized for display to a user
19based, in whole or in part, on information associated with the
20user or the user's device, unless any of the following
21conditions are met:
22        (1) the recommendation, prioritization, or selection
23    is based on information that is not persistently
		HB5511 Enrolled	- 2 -	LRB104 20720 SPS 34223 b
1    associated with the user's device and does not concern the
2    user's previous interactions with media generated or
3    shared by other users;
4        (2) the recommendation, prioritization, or selection
5    is based on data controlled by user-selected privacy or
6    accessibility settings or technical information concerning
7    the user's device;
8        (3) the user expressly and unambiguously requested the
9    specific media, media by the author, creator, or poster of
10    media the user has subscribed to, or media shared by users
11    to a page or group the user has subscribed to, provided
12    that the media is not recommended, selected, or
13    prioritized for display based, in whole or in part, on
14    other information that is not permissible under this
15    definition;
16        (4) the user expressly and unambiguously requested the
17    specific media by a specific author, creator, or poster of
18    media the user has subscribed to, or media shared by users
19    to a page or group the user has subscribed to as described
20    by paragraph (3), be blocked, prioritized, or
21    deprioritized for display, provided that the media is not
22    recommended, selected, or prioritized based, in whole or
23    in part, on other information associated with the user or
24    the user's device that is not permissible under this
25    definition;
26        (5) the media is direct and private communication
		HB5511 Enrolled	- 3 -	LRB104 20720 SPS 34223 b
1    between users;
2        (6) the media is recommended, selected, or prioritized
3    only in response to a specific search inquiry by the user;
4        (7) the media that is recommended, selected, or
5    prioritized for display is exclusively next in a
6    preexisting sequence from the same author, creator,
7    poster, or source; or
8        (8) the recommendation, prioritization, or selection
9    is necessary to comply with the provisions of this Act.
10    "Addictive social media platform" means a covered platform
11that offers users or provides users with an addictive feed as a
12part of the service provided by that website, online service,
13online application, or mobile application.
14    "Age bracket" means a user's age range, including, but not
15limited to, the following:
16        (1) whether a user is under 13 years of age;
17        (2) whether the user is at least 13 years of age and
18    under 16 years of age;
19        (3) whether the user is at least 16 years of age and
20    under 18 years of age; or
21        (4) whether the user is at least 18 years of age.
22    "Age bracket data" means non-personally identifiable data
23derived from a user's birth date or age for the purpose of
24sharing with covered operators that indicates the user's age
25bracket. "Age bracket data" includes a range of ages but does
26not indicate the exact age of the user.
		HB5511 Enrolled	- 4 -	LRB104 20720 SPS 34223 b
1    "Application" means a software application that may be run
2or directed by a user on an Internet-enabled device.
3    "Application programming interface" means a system that
4allows 2 or more software systems to communicate and exchange
5information, features, and functionality.
6    "Application store" means a publicly available website,
7software application, online service, or platform that
8distributes and facilitates the download of applications from
9third-party developers to users of an Internet-enabled device.
10    "Content" means user-to-user text, audio, or an image or
11video upload.
12    "Covered manufacturer" means a manufacturer of an
13Internet-enabled device, an operating system provider, or an
14application store.
15    "Covered minor" means any user that a covered platform has
16actual knowledge, or should have known, based on knowledge
17fairly implied under objective circumstances, is under 18
18years of age.
19    "Covered operator" means any person, business, or other
20legal entity that owns, maintains, or controls:
21        (1) a covered platform; or
22        (2) an addictive social media platform.
23    "Covered platform" means a public or semipublic website,
24online service, online application, or mobile application
25that:
26        (1) is used by a covered minor in this State; and
		HB5511 Enrolled	- 5 -	LRB104 20720 SPS 34223 b
1        (2) is intended to connect and allow a user to
2    socially interact within the website, service, or
3    application and enables a user to:
4            (A) construct a public or semipublic profile for
5        the purposes of signing into and using the service or
6        application;
7            (B) populate a public list of other users with
8        whom the user shares a social connection within the
9        service or application; or
10            (C) create or post content that is viewable by
11        other users, including content on message boards and
12        in chat rooms, and that presents the user with content
13        generated by other users.
14    "Covered platform" does not include a public or semipublic
15Internet-based service or application that:
16        (1) exclusively provides email or direct messaging
17    services; and
18        (2) is used by and under the direction of an
19    educational entity, including a learning management system
20    or a student engagement program.
21    "Covered user" means a user of a covered platform who is a
22resident of this State.
23    "Direct messaging" means sending private one-on-one or
24group messages to other users that are separate from public
25posts.
26    "Distribute" means to issue, sell, give, provide, deliver,
		HB5511 Enrolled	- 6 -	LRB104 20720 SPS 34223 b
1transfer, transmit, circulate, or disseminate by any means.
2    "Gifted currency" means a currency transfer between users
3involving fiat currency or digital currency purchased with
4fiat currency and used within a covered platform whether or
5not it can be converted to money.
6    "Internet-enabled device" means a smartphone, tablet, or
7personal laptop or desktop computer that provides cellular or
8wireless connectivity, is capable of connecting to the
9Internet, runs an operating system, and is capable of
10downloading and running applications.
11    "Known adult" means any user that a covered platform has
12actual knowledge, or should have known, based on knowledge
13fairly implied under objective circumstances, is at least 18
14years of age.
15    "News media" means personnel of a newspaper or other
16periodical issued at regular intervals, whether in print or
17electronic format, a news service, whether in print or
18electronic format, a radio station, a television station, a
19television network, a community antenna television service, or
20a person or corporation engaged in making news reels or other
21motion picture news for public showing.
22    "Operating system" means the system software that manages
23the hardware of an Internet-enabled device and allows programs
24and applications to run on the device.
25    "Operating system provider" means a commercial or
26non-profit entity that controls the Internet-enabled device's
		HB5511 Enrolled	- 7 -	LRB104 20720 SPS 34223 b
1operating system, including the design, programming, or supply
2of operating systems for the Internet-enabled devices.
3    "Parent" means a parent or legal guardian.
4    "Precise geolocation information" means information
5derived from technology, including, but not limited to, global
6positioning system level latitude and longitude coordinates or
7other mechanisms, that directly identifies the specific
8location within a radius of 1,750 feet.
9    "Precise geolocation information" does not include the
10content of communications.
11    "Processor" means a person that processes personal data on
12behalf of a covered operator or another processor.
13    "Publish" means to communicate or make information
14available to another person or entity on a publicly available
15website, online service, online application, or mobile
16application.
17    "Verifiable parental consent" has the meaning set forth in
18the Children's Online Privacy Protection Act, 15 U.S.C.
196501(9), and its implementing regulations under 16 CFR 312.5.
20    Section 10. Age assurance requirements.
21    (a) No later than January 1, 2028, a covered manufacturer
22that offers an account setup feature for an Internet-enabled
23device shall:
24        (1) provide an accessible interface at account setup
25    that requires an account holder to indicate the birth
		HB5511 Enrolled	- 8 -	LRB104 20720 SPS 34223 b
1    date, age, or both, of the primary user of that device for
2    purposes of providing a signal regarding the primary
3    user's age bracket to covered operators;
4        (2) upon receiving separate prior consent of the user
5    to share the user's age bracket data with a specific
6    covered operator, provide the covered operator with the
7    technical ability to call a digital signal that contains
8    the user's age bracket data by a reasonably consistent
9    application programming interface; and
10        (3) send only the minimum amount of information
11    necessary to comply with this Act and not share the
12    digital signal information, or any information that
13    conveys the user's age bracket data, with a third party
14    for a purpose not required by this Act, except where
15    legally required.
16    For a device on which account setup was completed before
17January 1, 2028, a covered manufacturer shall, before July 1,
182028, provide an accessible interface that allows an account
19holder to indicate the birth date, age, or both, of the primary
20user of that device for the purpose of providing a signal
21regarding the primary user's age bracket to covered operators.
22    (b) By July 1, 2028, a covered operator shall request from
23a covered manufacturer an age bracket signal for the primary
24user of an Internet-enabled device when the user downloads or
25launches a covered platform. If the signal indicates that a
26user is under 18, then the covered operator shall treat the
		HB5511 Enrolled	- 9 -	LRB104 20720 SPS 34223 b
1signal as an authoritative indicator of the user's age bracket
2and the covered operator shall be deemed to have actual
3knowledge that a user is a covered minor only with respect to
4that specific device; provided, however, that a covered
5operator shall not willfully disregard clear and convincing
6information otherwise available to the covered operator that
7indicates a user's age is different than that indicated by the
8age bracket signal provided by a covered manufacturer.
9    (c) A covered operator that receives a signal in
10accordance with this Section shall not:
11        (1) request more information from a covered
12    manufacturer than the minimum amount of information
13    necessary to determine the user's age bracket;
14        (2) request a signal from a covered manufacturer more
15    than once each year, unless in response to a request by the
16    user to update the person's age bracket;
17        (3) use any personal data of a user collected for age
18    assurance for any purpose except to comply with this Act
19    or to provide age-based settings and features; or
20        (4) disclose the age bracket data of a user to a third
21    party for a purpose not required by this Section.
22    (d) All digital signals transmitted in accordance with
23this Section shall be encrypted to ensure data integrity and
24security.
25    (e) A covered manufacturer that makes a good faith effort
26to comply with this Section, taking into consideration
		HB5511 Enrolled	- 10 -	LRB104 20720 SPS 34223 b
1available technology and reasonable technical limitations or
2outages, shall not be liable for an erroneous signal
3indicating a user's age bracket data or any conduct by a
4covered operator that receives a signal indicating a user's
5age bracket data.
6    (f) A covered manufacturer shall comply with this Act in a
7nondiscriminatory manner, including, but not limited to, by
8complying with the following:
9        (1) A covered manufacturer shall impose at least the
10    same restrictions and obligations on its own websites,
11    applications, and online services as it does on
12    third-party websites, applications, and online services.
13        (2) A covered manufacturer shall not use non-publicly
14    available data collected from a third party in the course
15    of compliance with this Act to compete against that third
16    party, give the covered manufacturer's services preference
17    relative to those of a third party, or to otherwise use
18    this non-publicly available data in a manner unavailable
19    to that third party.
20    (g) This Section does not impose liability on a covered
21manufacturer or covered operator that arises from the use of a
22device or application by a person who is not the user to whom a
23signal pertains.
24    Section 15. Protections for covered minors.
25    (a) For all users that the covered operator has determined
		HB5511 Enrolled	- 11 -	LRB104 20720 SPS 34223 b
1to be a covered minor, the covered operator shall use the
2following settings by default:
3        (1) The covered operator shall not display the
4    existence of the covered minor's account on a covered
5    platform to any known adult user unless the covered minor
6    has expressly and unambiguously allowed a specific known
7    adult user to view the covered minor's account or has
8    expressly and unambiguously chosen to make the covered
9    minor's account's existence public.
10        (2) The covered operator shall not display media
11    created or posted by the covered minor on a covered
12    platform to any known adult user unless the covered minor
13    has expressly and unambiguously allowed a specific known
14    adult user to view the covered minor's media or has
15    expressly and unambiguously chosen to make the covered
16    minor's media publicly available.
17        (3) The covered operator shall not permit any known
18    adult user to like, comment on, or otherwise provide
19    feedback on the covered minor's media on a covered
20    platform unless the covered minor has expressly and
21    unambiguously allowed a specific known adult user to do
22    so.
23        (4) The covered operator shall not permit direct
24    messaging on a covered platform between the covered minor
25    and any known adult user unless the covered minor has
26    expressly and unambiguously decided to allow direct
		HB5511 Enrolled	- 12 -	LRB104 20720 SPS 34223 b
1    messaging with a specific known adult user.
2        (5) The precise geolocation information of the minor
3    shall not be shared with any user unless the minor has
4    expressly and unambiguously chosen to share the covered
5    minor's location with the specific user.
6        (6) No user may receive or send gifted currency to the
7    minor unless the user is already connected to the covered
8    minor.
9        (7) The covered operator shall disable search engine
10    indexing of the covered minor's account profile.
11    (b) A parent of a covered minor or a covered minor
12determined by a covered operator to be over the age of 16 may
13override the default privacy settings described in subsection
14(a). A parent of a covered minor may override the default
15privacy settings described in subsection (a) for a covered
16minor under the age of 16. A covered operator shall not provide
17a covered minor with a single setting that makes all the
18default privacy settings less protective at once. A covered
19operator shall not request or prompt a covered minor to make
20the covered minor's privacy settings less protective unless
21the change is strictly necessary for the covered minor to
22access a service or feature that they expressly and
23unambiguously requested.
24    (c) For all users that the covered operator has determined
25to be a covered minor, the covered operator shall provide a
26mechanism that enables a parent to set a monthly limit on all
		HB5511 Enrolled	- 13 -	LRB104 20720 SPS 34223 b
1gifted currency related to the covered minor's account. The
2covered operator shall establish a mechanism by which a parent
3of a covered minor may easily view a history of all gifted
4currency related to the covered minor's account at any time.
5    (d) It shall be unlawful for a covered operator under this
6Section to, between the hours of 10 p.m. and 7 a.m., send
7notifications to a covered minor unless:
8        (1) the covered operator has obtained verifiable
9    parental consent to send notifications during the time
10    restricted under this subsection; or
11        (2) the notification contemporaneously notifies the
12    covered user of a direct message received from another
13    user of the covered platform.
14    (e) It shall be unlawful for a covered operator of an
15addictive social media platform to provide an addictive feed
16to a covered minor unless the covered operator of the
17addictive social media platform has obtained verifiable
18parental consent to provide an addictive feed to a covered
19minor.
20    (f) It shall be unlawful for a covered operator of an
21addictive social media platform to enable the automatic
22playing of media to a covered minor by default.
23    (g) A covered operator of an addictive social media
24platform may choose not to provide services to minors. A
25covered operator of an addictive social media platform shall
26not withhold, degrade, lower the quality, or increase the
		HB5511 Enrolled	- 14 -	LRB104 20720 SPS 34223 b
1price of any product, service, or feature, other than as
2necessary for compliance with the provisions of this Act, to a
3covered user solely because the covered operator of the
4addictive social media platform is not permitted to provide an
5addictive feed to the covered user under this Act.
6    (h) All information collected for the purpose of obtaining
7verifiable parental consent required under this Section shall
8not be used for any purpose other than obtaining verifiable
9parental consent and shall be deleted within a reasonable
10period after an attempt to obtain verifiable parental consent,
11except where it is necessary for the compliance with any
12applicable provisions of State or federal law.
13    (i) Nothing in this Section shall be construed as
14requiring a covered operator to give a parent who grants
15verifiable parental consent any additional or special access
16to or control over the data or accounts of the parent's child.
17    (j) Nothing in this Section shall be construed to prohibit
18a covered operator from instituting a privacy setting for
19covered minors or other users that is more protective than
20that required by this Section.
21    (k) Nothing in this Section shall be construed as
22requiring a covered operator to remove any user-generated
23content or preventing access to information regarding sex,
24sexuality, gender, and reproductive health that is not already
25prohibited by existing law.
26    (l) Nothing in this Section shall be construed as
		HB5511 Enrolled	- 15 -	LRB104 20720 SPS 34223 b
1preventing any actions taken in good faith to restrict access
2to or availability of any media.
3    Section 20. Application.
4    (a) A covered operator that complies with the provisions
5of this Act shall not be held liable for any inaccuracies in
6the covered user's age bracket data.
7    (b) A covered operator that receives a digital signal in
8accordance with this Act may rely on that signal for purposes
9of compliance with this Act and shall not be required to
10independently verify the age of the user.
11    (c) A covered operator that reasonably relies on a digital
12signal provided by a covered manufacturer shall not be liable
13for an inaccurate age determination resulting from an
14erroneous signal.
15    (d) Nothing in this Act shall be construed to prohibit a
16covered operator from the ability to prevent, detect, protect
17against, or respond to security incidents, identity theft,
18fraud, harassment, malicious or deceptive activities, or any
19illegal activity targeted at or involving the developer or its
20services, preserve the integrity or security of systems, or
21investigate, report, or prosecute those responsible for any
22such action.
23    (e) This Act does not apply to any entity whose primary
24purpose is news media and that has a majority of its workforce
25consisting of individuals engaging in news media.
		HB5511 Enrolled	- 16 -	LRB104 20720 SPS 34223 b
1    (f) This Act does not apply to a broadband Internet access
2service provider, including any affiliate or subsidiary of the
3provider. This Act does not create a private right of action or
4cause of action to enforce any violation or alleged violation
5of its provisions against a broadband Internet access service
6provider, including any affiliate or subsidiary of the
7provider, when the violation is alleged to be committed by
8another entity using the provider's service. As used in this
9subsection, "broadband Internet access service provider" has
10the meaning set forth in 47 CFR 8.1.
11    Section 25. Enforcement by the Attorney General.
12    (a) When it appears to the Attorney General that a person
13has engaged in, is engaging in, or is about to engage in any
14act declared to be unlawful by this Act, or when the Attorney
15General believes it to be in the public interest that an
16investigation should be made to ascertain whether a person in
17fact has engaged in, is engaging in, or is about to engage in
18any practice declared to be unlawful under this Act, the
19Attorney General may:
20        (1) require that person to file, on the terms the
21    Attorney General prescribes, a statement or report in
22    writing, under oath or otherwise, as to all information as
23    the Attorney General may consider necessary;
24        (2) examine under oath any person in connection with
25    the conduct;
		HB5511 Enrolled	- 17 -	LRB104 20720 SPS 34223 b
1        (3) examine any merchandise or sample thereof, record,
2    book, document, account, or paper as the Attorney General
3    may consider necessary; and
4        (4) pursuant to an order of a circuit court, impound
5    any record, book, document, account, paper, or sample of
6    merchandise that is produced in accordance with this Act
7    and retain it in the Attorney General's possession until
8    the completion of all proceedings in connection with which
9    it is produced.
10    (b) To accomplish the objectives and to carry out the
11duties prescribed by this Act, the Attorney General, in
12addition to other powers conferred upon the Attorney General
13by this Act, may issue subpoenas to any person, administer an
14oath or affirmation to any person, conduct hearings in aid of
15any investigation or inquiry, prescribe forms, and adopt rules
16as may be necessary.
17    (c) Service by the Attorney General of any notice
18requiring a person to file a statement or report, or of a
19subpoena upon any person, shall be made:
20        (1) personally by delivery of a duly executed copy of
21    the subpoena to the person to be served, or if a person is
22    not a natural person, in the manner provided in the Code of
23    Civil Procedure when a complaint is filed, or
24        (2) by mailing by certified mail a duly executed copy
25    of the subpoena to the person to be served at the person's
26    last known abode or principal place of business within
		HB5511 Enrolled	- 18 -	LRB104 20720 SPS 34223 b
1    this State.
2    (d) If any person fails or refuses to file any statement or
3report or obey any subpoena issued by the Attorney General,
4the Attorney General may file a complaint in the circuit court
5for the following, until the person files the statement or
6report or obeys the subpoena:
7        (1) the granting of injunctive relief or the
8    restraining of the sale or advertisement of any
9    merchandise by the person or the conduct that is involved;
10        (2) the vacating, annulling, or suspending of the
11    corporate charter of a corporation created by or under the
12    laws of this State, the revoking or suspending of the
13    certificate of authority to do business in this State of a
14    foreign corporation, or the revoking or suspending of any
15    other licenses, permits, or certificates issued under the
16    laws of this State to the person that are used to further
17    the allegedly unlawful practice; and
18        (3) the granting of other relief as may be required.
19    (e) In the administration of this Act, the Attorney
20General may accept an Assurance of Voluntary Compliance with
21respect to any act deemed to be violative of this Act from any
22person who has engaged in, is engaging in, or was about to
23engage in the act. Evidence of a violation of an Assurance of
24Voluntary Compliance shall be prima facie evidence of a
25violation of this Act in any subsequent proceeding brought by
26the Attorney General against the alleged violator.
		HB5511 Enrolled	- 19 -	LRB104 20720 SPS 34223 b
1    (f) Whenever the Attorney General has reason to believe
2that any person is using, has used, or is about to use any act
3declared by this Act to be unlawful, and that proceedings
4would be in the public interest, the Attorney General may
5bring an action in the name of the People of the State against
6the person to restrain by preliminary or permanent injunction
7the use of the act. The court, in its discretion, may exercise
8all powers necessary, including, but not limited to: (i)
9injunction; (ii) revocation, forfeiture, or suspension of any
10license, charter, franchise, certificate, or other evidence of
11authority of any person to do business in this State; (iii)
12appointment of a receiver; (iv) dissolution of domestic
13corporations or associations; (v) suspension or termination of
14the right of foreign corporations or associations to do
15business in this State; and (vi) restitution.
16    (g) In addition to the remedies provided in this Section,
17the Attorney General exclusively may request, and a court may
18award, a civil penalty of $50,000 for each violation against a
19covered manufacturer or a covered operator found by the court
20to have engaged in any act declared unlawful under this Act.
21Any moneys paid under this Act shall be deposited into the
22Attorney General Court Ordered and Voluntary Compliance
23Payment Projects Fund. Moneys in the Fund shall be used,
24subject to appropriation, for the performance of any function
25pertaining to the exercise of the duties of the Attorney
26General, including, but not limited to, enforcement of any law
		HB5511 Enrolled	- 20 -	LRB104 20720 SPS 34223 b
1of this State; however, any moneys in the Fund that are
2required by the court or by an agreement to be used for a
3particular purpose shall be used for that purpose.
4    (h) When a receiver is appointed by the court under this
5Act, the receiver shall have the power to sue for, collect,
6receive and take into the receiver's possession all the goods
7and chattels, rights and credits, moneys and effects, lands
8and tenements, books, records, documents, papers, choses in
9action, bills, notes, and property of every description,
10derived by means of any practice declared to be illegal and
11prohibited by this Act, including property with which the
12property has been mingled if it cannot be identified in kind
13because of the commingling, and to sell, convey, and assign
14the same and hold and dispose of the proceeds thereof under the
15direction of the court. Any person who has suffered damages as
16a result of the use or employment of any unlawful practices and
17submits proof to the satisfaction of the court that the person
18has in fact been damaged, may participate with general
19creditors in the distribution of the assets to the extent the
20person has sustained out-of-pocket losses. In the case of a
21partnership or business entity, the receiver shall settle the
22estate and distribute the assets under the direction of the
23court. The court shall have jurisdiction of all questions
24arising in the proceedings and may make such orders and
25judgments as may be required.
26    (i) Subject to an order of the court terminating the
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1business affairs of any person after receivership proceedings
2held under this Act, the provisions of this Act shall not bar
3any claims against any person who has acquired any moneys or
4property, real or personal, by means of any act declared to be
5unlawful under this Act.
6    (j) Nothing in this Act is intended to limit the remedies
7available under any other law, including the Consumer Fraud
8and Deceptive Business Practices Act.
9    (k) Except as otherwise expressly provided for in this
10Act, nothing in this Act shall be construed to grant any person
11a private right of action for damages or to enforce the
12provisions of this Act.
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
15Section 99. Effective date. This Act takes effect January 1,
162028.