IL
Illinois Senate Bill SB3440

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3440 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3440 Introduced 2/8/2024, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: New Act Creates the Parental Consent for Social Media Act. Provides that a social media company shall not permit an Illinois user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian. Provides that a social media company shall verify the age of an account holder using a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform. Provides that a social media company shall not permit an Illinois user who is a minor to access the social media platform between the hours of 10 p.m. through 6 a.m. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors. LRB103 38112 SPS 68244 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3440 Introduced 2/8/2024, by Sen. Willie Preston SYNOPSIS AS INTRODUCED: New Act New Act Creates the Parental Consent for Social Media Act. Provides that a social media company shall not permit an Illinois user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian. Provides that a social media company shall verify the age of an account holder using a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform. Provides that a social media company shall not permit an Illinois user who is a minor to access the social media platform between the hours of 10 p.m. through 6 a.m. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors. LRB103 38112 SPS 68244 b LRB103 38112 SPS 68244 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3440 Introduced 2/8/2024, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
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55 Creates the Parental Consent for Social Media Act. Provides that a social media company shall not permit an Illinois user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian. Provides that a social media company shall verify the age of an account holder using a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform. Provides that a social media company shall not permit an Illinois user who is a minor to access the social media platform between the hours of 10 p.m. through 6 a.m. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors.
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1111 1 AN ACT concerning business.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the
1515 5 Parental Consent for Social Media Act.
1616 6 Section 5. Definitions. As used in this Act:
1717 7 "Account holder" means an individual who creates an
1818 8 account or a profile to use a social media platform.
1919 9 "Commercial entity" means a corporation, limited liability
2020 10 company, partnership, limited partnership, sole
2121 11 proprietorship, or other legally recognized entity.
2222 12 "Commercial entity" includes a third-party vendor.
2323 13 "Illinois user" means a resident of Illinois who accesses
2424 14 or attempts to access a social media platform while present in
2525 15 Illinois by accessing the social media platform using an
2626 16 Illinois Internet protocol address or is otherwise known or
2727 17 believed to be in Illinois while using the social media
2828 18 platform.
2929 19 "Minor" means an individual under 18 years of age.
3030 20 "Reasonable age verification" means to confirm that a
3131 21 person seeking to access a social media platform is at least 18
3232 22 years old.
3333 23 "Social media company" means a media company that designs
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3737 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3440 Introduced 2/8/2024, by Sen. Willie Preston SYNOPSIS AS INTRODUCED:
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4040 Creates the Parental Consent for Social Media Act. Provides that a social media company shall not permit an Illinois user who is a minor to be an account holder on the social media company's social media platform unless the minor has the express consent of a parent or legal guardian. Provides that a social media company shall verify the age of an account holder using a third-party vendor to perform reasonable age verification before allowing access to the social media company's social media platform. Provides that a social media company shall not permit an Illinois user who is a minor to access the social media platform between the hours of 10 p.m. through 6 a.m. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors.
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6868 1 an online forum for an account holder to:
6969 2 (1) create a public profile, establish an account, or
7070 3 register as a user for the primary purpose of interacting
7171 4 socially with other profiles and accounts;
7272 5 (2) upload or create posts or content;
7373 6 (3) view posts or content of other account holders;
7474 7 and
7575 8 (4) interact with other account holders or users,
7676 9 including, without limitation, establishing mutual
7777 10 connections through request and acceptance.
7878 11 "Social media company" does not include:
7979 12 (1) a media company that exclusively offers
8080 13 subscription content to which users follow or subscribe
8181 14 unilaterally and whose platforms' primary purpose is not
8282 15 social interaction, unless that media company allows a
8383 16 user to generate short video clips of dancing, voice
8484 17 overs, or other acts of entertainment in which the primary
8585 18 purpose is not educational or informative;
8686 19 (2) a media company that exclusively offers
8787 20 interacting gaming, virtual gaming, or an online service,
8888 21 that allows the creation and uploading of content for the
8989 22 purpose of interacting gaming, entertainment, or
9090 23 associated entertainment, and the communication related to
9191 24 that content;
9292 25 (3) a company that:
9393 26 (A) offers cloud storage services, enterprise
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104104 1 cybersecurity services, educational devices, or
105105 2 enterprise collaboration tools for K-12 schools; and
106106 3 (B) derives less than 25% of the company's revenue
107107 4 from operating a social media platform, including
108108 5 games and advertising; or
109109 6 (4) a company that provides career development
110110 7 opportunities, including professional networking, job
111111 8 skills, learning certifications, and job posting and
112112 9 application services.
113113 10 "Social media platform" means a public or semipublic
114114 11 Internet-based service or application that has users in
115115 12 Illinois and on which a substantial function of the service or
116116 13 application is to connect users in order to allow users to
117117 14 interact socially with each other within the service or
118118 15 application. A service or application that provides email or
119119 16 direct messaging shall not be considered to a "social media
120120 17 platform" on the basis of that function alone.
121121 18 "Social media platform" does not include an online
122122 19 service, a website, or an application if the predominant or
123123 20 exclusive function is:
124124 21 (1) email;
125125 22 (2) direct messaging consisting of messages, photos,
126126 23 or videos that are sent between devices by electronic
127127 24 means if messages are:
128128 25 (A) shared between the sender and the recipient or
129129 26 recipients;
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140140 1 (B) only visible to the sender and the recipient
141141 2 or recipients; and
142142 3 (C) are not posted publicly;
143143 4 (3) a streaming service that:
144144 5 (A) provides only licensed media in a continuous
145145 6 flow from the service, website, or application to the
146146 7 end user; and
147147 8 (B) does not obtain a license to the media from a
148148 9 user or account holder by agreement of the streaming
149149 10 service's terms of service;
150150 11 (4) providing news, sports, entertainment, or other
151151 12 content that is preselected by the provider and not user
152152 13 generated, including, without limitation, if any chat,
153153 14 comment, or interactive functionality that is provided is
154154 15 incidental to, directly related to, or dependent upon
155155 16 provision of the content;
156156 17 (5) online shopping or e-commerce, if the interaction
157157 18 with other users or account holders is generally limited
158158 19 to:
159159 20 (A) the ability to post and comment on reviews;
160160 21 (B) the ability to display lists or collections of
161161 22 goods for sale or wish lists; and
162162 23 (C) other functions that are focused on online
163163 24 shopping or e-commerce rather than interaction between
164164 25 users or account holders;
165165 26 (6) business-to-business software that is not
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176176 1 accessible to the general public;
177177 2 (7) cloud storage;
178178 3 (8) shared document collaboration;
179179 4 (9) providing access to or interacting with data
180180 5 visualization platforms, libraries, or hubs;
181181 6 (10) permitting comments on a digital news website, if
182182 7 the news content is posted only by the provider of the
183183 8 digital news website;
184184 9 (11) providing or obtaining technical support for a
185185 10 social media company's platform, products, or services;
186186 11 (12) academic or scholarly research; and
187187 12 (13) other research if the majority of the content is
188188 13 posted or created by the provider of the online service,
189189 14 website, or application and the ability to chat, comment,
190190 15 or interact with other users is directly related to the
191191 16 provider's content:
192192 17 (A) that is a classified advertising service that
193193 18 only permits the sale of goods and prohibits the
194194 19 solicitation of personal services; or
195195 20 (B) that is used by and under the direction of an
196196 21 educational entity, including, without limitation:
197197 22 (i) a learning management system;
198198 23 (ii) a student engagement program; and
199199 24 (iii) a subject-specific or skill-specific
200200 25 program.
201201 26 "Social media platform" does not include a social media
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212212 1 platform that is controlled by a business entity that has
213213 2 generated less than $100,000,000 in annual gross revenue.
214214 3 "User" means a person who has access to view all or some of
215215 4 the posts and content on a social media platform but is not an
216216 5 account holder.
217217 6 Section 10. Social media platforms; reasonable age
218218 7 verification methods and parental consent required.
219219 8 (a) A social media company shall not permit an Illinois
220220 9 user who is a minor to be an account holder on the social media
221221 10 company's social media platform unless the minor has the
222222 11 express consent of a parent or legal guardian.
223223 12 (b) A social media company shall verify the age of an
224224 13 account holder. If an account holder is a minor, the social
225225 14 media company shall confirm that a minor has consent under
226226 15 subsection (a) to become a new account holder at the time an
227227 16 Illinois user opens the account.
228228 17 (c) A social media company shall use a third-party vendor
229229 18 to perform reasonable age verification before allowing access
230230 19 to the social media company's social media platform.
231231 20 Reasonable age verification methods shall include providing:
232232 21 (1) government-issued identification; or
233233 22 (2) any commercially reasonable age verification
234234 23 method.
235235 24 Section 15. Platform accessibility for minors. A social
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246246 1 media company shall not permit an Illinois user who is a minor
247247 2 to access the social media platform between the hours of 10
248248 3 p.m. through 6 a.m.
249249 4 Section 20. Liability for social media companies.
250250 5 (a) A social media company that knowingly violates this
251251 6 Act is liable if the social media company fails to:
252252 7 (1) perform a reasonable age verification;
253253 8 (2) obtain parental consent for a minor user; or
254254 9 (3) abide by the accessibility for minors provision in
255255 10 Section 15.
256256 11 (b) The Attorney General may conduct an investigation of
257257 12 an alleged violation of this Act and initiate an enforcement
258258 13 action against a social media company on behalf of the State to
259259 14 assess civil penalties.
260260 15 (c) A social media company that is found to have violated
261261 16 this Act shall be liable for a civil penalty, to be assessed by
262262 17 a court of competent jurisdiction, of not more than $2,500 per
263263 18 violation and court costs and reasonable attorney's fees as
264264 19 ordered by the court.
265265 20 (d) This Section does not:
266266 21 (1) apply to a news or public interest broadcast,
267267 22 website video, report, or event;
268268 23 (3) apply to cloud service providers; or
269269 24 (2) affect the rights of a news-gathering
270270 25 organization.
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281281 1 (e) An Internet service provider, or any of its affiliates
282282 2 or subsidiaries, or search engines, does not violate this Act
283283 3 solely by providing access, connection to or from a website,
284284 4 or other information or content on the Internet, or a
285285 5 facility, system, or network that is not under that Internet
286286 6 service provider's control, including transmission,
287287 7 downloading, intermediate storage, access software, or other
288288 8 service that provides access or connectivity, to the extent
289289 9 the Internet service provider is not responsible for the
290290 10 creation of the content or the communication on a social media
291291 11 platform.
292292 12 Section 25. Liability for commercial entities or
293293 13 third-party vendors.
294294 14 (a) A commercial entity or third-party vendor shall not
295295 15 retain any identifying information of an individual after
296296 16 access to the social media platform has been granted.
297297 17 (b) The Attorney General may conduct an investigation of
298298 18 an alleged violation of this Act and initiate an enforcement
299299 19 action against a commercial entity or third-party vendor on
300300 20 behalf of the State to assess civil penalties.
301301 21 (c) A commercial entity or third-party vendor that is
302302 22 found to have knowingly retained identifying information of an
303303 23 individual after access to the material is granted shall be
304304 24 liable for a civil penalty, to be assessed by a court of
305305 25 competent jurisdiction, of not more than $2,500 per violation
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