IL
Illinois Senate Bill SB3510

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3510 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 SB3510 Introduced 2/9/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act Creates the Minor User of Social Media Protection Act. Provides that a social media company that has Illinois account holders shall develop a written policy, made available to the public, that complies with the procedures set forth in the Act and establish a reporting function that permits account holders to report that an Illinois account holder is a minor. Provides that a social media company that receives a report that an Illinois account holder is a minor shall verify the age of that account holder and, if a reasonable age verification reveals that the reported account holder is a minor, the social media company shall take down the reported account holder's account. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors. LRB103 37990 SPS 68122 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3510 Introduced 2/9/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: New Act New Act Creates the Minor User of Social Media Protection Act. Provides that a social media company that has Illinois account holders shall develop a written policy, made available to the public, that complies with the procedures set forth in the Act and establish a reporting function that permits account holders to report that an Illinois account holder is a minor. Provides that a social media company that receives a report that an Illinois account holder is a minor shall verify the age of that account holder and, if a reasonable age verification reveals that the reported account holder is a minor, the social media company shall take down the reported account holder's account. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors. LRB103 37990 SPS 68122 b LRB103 37990 SPS 68122 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3510 Introduced 2/9/2024, by Sen. Laura Fine SYNOPSIS AS INTRODUCED:
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55 Creates the Minor User of Social Media Protection Act. Provides that a social media company that has Illinois account holders shall develop a written policy, made available to the public, that complies with the procedures set forth in the Act and establish a reporting function that permits account holders to report that an Illinois account holder is a minor. Provides that a social media company that receives a report that an Illinois account holder is a minor shall verify the age of that account holder and, if a reasonable age verification reveals that the reported account holder is a minor, the social media company shall take down the reported account holder's account. 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 Minor
1515 5 User of Social Media Protection 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 "Account holder age report" means a report to a social
2020 10 media company from another account holder that a specified
2121 11 Illinois account holder is a minor.
2222 12 "Commercial entity" means a corporation, limited liability
2323 13 company, partnership, limited partnership, sole
2424 14 proprietorship, or other legally recognized entity.
2525 15 "Commercial entity" includes a third-party vendor.
2626 16 "Credible" means the data collected for targeted
2727 17 advertising purposes indicates, to a reasonable person, that
2828 18 the account holder is, more likely than not, a minor under the
2929 19 age of 13 from the user's digital footprint and data from the
3030 20 user's conduct on the social media platform to curate
3131 21 advertisements based on the user's demographics.
3232 22 "Digital footprint" means the body of data or information
3333 23 that a particular person creates through the person's actions
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4040 Creates the Minor User of Social Media Protection Act. Provides that a social media company that has Illinois account holders shall develop a written policy, made available to the public, that complies with the procedures set forth in the Act and establish a reporting function that permits account holders to report that an Illinois account holder is a minor. Provides that a social media company that receives a report that an Illinois account holder is a minor shall verify the age of that account holder and, if a reasonable age verification reveals that the reported account holder is a minor, the social media company shall take down the reported account holder's account. Sets forth provisions concerning liability for social media companies and liability for commercial entities or third-party vendors.
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6868 1 online or exists as a result of the person's online activity.
6969 2 "Infinite scroll" means a design feature with the hallmark
7070 3 of displaying additional content at the bottom of the user's
7171 4 screen, such that the user is typically unable to look at a
7272 5 single social media post.
7373 6 "Minor" means an individual under the age of 13.
7474 7 "Preference amplification" means using algorithms and
7575 8 recommender systems to increase the user's engagement by
7676 9 recommending content based on how the user interacts with the
7777 10 social media platform.
7878 11 "Push notifications" means the delivery of information
7979 12 from a social media platform to a computing device without a
8080 13 specific request from the client.
8181 14 "Reasonable age verification" means to confirm that a
8282 15 person seeking to access a social media platform is at least 13
8383 16 years old.
8484 17 "Reported account holder" means an Illinois account holder
8585 18 who is the subject of an account holder age report.
8686 19 "Reported presumed minor account holder" means an Illinois
8787 20 account holder who is the subject account holder age report
8888 21 that is determined to be credible based on the data the social
8989 22 media company collects for targeted advertising purposes.
9090 23 "Social media company" means a media company that designs
9191 24 an online forum for an account holder to:
9292 25 (1) create a public profile, establish an account, or
9393 26 register as a user for the primary purpose of interacting
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104104 1 socially with other profiles and accounts;
105105 2 (2) upload or create posts or content;
106106 3 (3) view posts or content of other account holders;
107107 4 and
108108 5 (4) interact with other account holders or users,
109109 6 including, without limitation, establishing mutual
110110 7 connections through request and acceptance.
111111 8 "Social media company" does not include:
112112 9 (1) a media company that exclusively offers
113113 10 subscription content to which users follow or subscribe
114114 11 unilaterally and whose platforms' primary purpose is not
115115 12 social interaction, unless that media company allows a
116116 13 user to generate short video clips of dancing, voice
117117 14 overs, or other acts of entertainment in which the primary
118118 15 purpose is not educational or informative;
119119 16 (2) a media company that exclusively offers
120120 17 interacting gaming, virtual gaming, or an online service,
121121 18 that allows the creation and uploading of content for the
122122 19 purpose of interacting gaming, entertainment, or
123123 20 associated entertainment, and the communication related to
124124 21 that content;
125125 22 (3) a company that:
126126 23 (A) offers cloud storage services, enterprise
127127 24 cybersecurity services, educational devices, or
128128 25 enterprise collaboration tools for K-12 schools; and
129129 26 (B) derives less than 25% of the company's revenue
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140140 1 from operating a social media platform, including
141141 2 games and advertising; or
142142 3 (4) a company that provides career development
143143 4 opportunities, including professional networking, job
144144 5 skills, learning certifications, and job posting and
145145 6 application services.
146146 7 "Social media platform" means a public or semi-public
147147 8 Internet-based service or application that has users in
148148 9 Illinois and on which a substantial function of the service or
149149 10 application is to connect users in order to allow users to
150150 11 interact socially with each other within the service or
151151 12 application. A service or application that provides email or
152152 13 direct messaging shall not be considered to a "social media
153153 14 platform" on the basis of that function alone.
154154 15 "Social media platform" does not include an online
155155 16 service, a website, or an application if the predominant or
156156 17 exclusive function is:
157157 18 (1) email;
158158 19 (2) direct messaging consisting of messages, photos,
159159 20 or videos that are sent between devices by electronic
160160 21 means if messages are:
161161 22 (A) shared between the sender and the recipient or
162162 23 recipients;
163163 24 (B) only visible to the sender and the recipient
164164 25 or recipients; and
165165 26 (C) are not posted publicly;
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176176 1 (3) a streaming service that:
177177 2 (A) provides only licensed media in a continuous
178178 3 flow from the service, website, or application to the
179179 4 end user; and
180180 5 (B) does not obtain a license to the media from a
181181 6 user or account holder by agreement of the streaming
182182 7 service's terms of service;
183183 8 (4) providing news, sports, entertainment, or other
184184 9 content that is preselected by the provider and not user
185185 10 generated, including, without limitation, if any chat,
186186 11 comment, or interactive functionality that is provided is
187187 12 incidental to, directly related to, or dependent upon
188188 13 provision of the content;
189189 14 (5) online shopping or e-commerce, if the interaction
190190 15 with other users or account holders is generally limited
191191 16 to:
192192 17 (A) the ability to post and comment on reviews;
193193 18 (B) the ability to display lists or collections of
194194 19 goods for sale or wish lists; and
195195 20 (C) other functions that are focused on online
196196 21 shopping or e-commerce rather than interaction between
197197 22 users or account holders;
198198 23 (6) business-to-business software that is not
199199 24 accessible to the general public;
200200 25 (7) cloud storage;
201201 26 (8) shared document collaboration;
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212212 1 (9) providing access to or interacting with data
213213 2 visualization platforms, libraries, or hubs;
214214 3 (10) permitting comments on a digital news website, if
215215 4 the news content is posted only by the provider of the
216216 5 digital news website;
217217 6 (11) providing or obtaining technical support for a
218218 7 social media company's platform, products, or services;
219219 8 (12) academic or scholarly research; and
220220 9 (13) other research if the majority of the content is
221221 10 posted or created by the provider of the online service,
222222 11 website, or application and the ability to chat, comment,
223223 12 or interact with other users is directly related to the
224224 13 provider's content:
225225 14 (A) that is a classified advertising service that
226226 15 only permits the sale of goods and prohibits the
227227 16 solicitation of personal services; or
228228 17 (B) that is used by and under the direction of an
229229 18 educational entity, including, without limitation:
230230 19 (i) a learning management system;
231231 20 (ii) a student engagement program; and
232232 21 (iii) a subject-specific or skill-specific
233233 22 program.
234234 23 "Social media platform" does not include a social media
235235 24 platform that is controlled by a business entity that has
236236 25 generated less than $100,000,000 in annual gross revenue.
237237 26 "Targeted advertising purposes" means behavior-based
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248248 1 advertising that takes into account data from a user's digital
249249 2 footprint and data from the user's conduct on the social media
250250 3 platform to curate advertisements based on a user's
251251 4 demographics, including, but not limited to, who the user is,
252252 5 what the user likes, and what the user is likely to purchase.
253253 6 "User" means a person who has access to view all or some of
254254 7 the posts and content on a social media platform but is not an
255255 8 account holder.
256256 9 Section 10. Requirements for social media companies.
257257 10 (a) A social media company that has Illinois account
258258 11 holders shall develop a written policy, made available to the
259259 12 public, that complies with the procedures set forth in this
260260 13 Act and establish a reporting function that permits account
261261 14 holders to report that an Illinois account holder is a minor.
262262 15 (b) A social media company that receives an account holder
263263 16 age report that an Illinois account holder is a minor shall
264264 17 determine whether the account holder age report is credible.
265265 18 An account holder age report is credible when a social media
266266 19 company has reason to believe the reported account holder is a
267267 20 minor under the age of 13 based on the data the social media
268268 21 company collects for targeted advertising purposes.
269269 22 (c) If the social media company has reason to believe the
270270 23 reported account holder is under the age of 13 based on the
271271 24 data the social media company collects for targeted
272272 25 advertising purposes, the social media company shall verify
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283283 1 the age of the reported presumed minor account holder in
284284 2 accordance with Section 20.
285285 3 (d) If the social media company does not have reason to
286286 4 believe the reported account holder is under the age of 13
287287 5 based on the data the social media company collects for
288288 6 targeted advertising purposes, the social media company is not
289289 7 required to take any additional action on the account holder
290290 8 age report.
291291 9 Section 15. Age verification of reported presumed minor
292292 10 account holders.
293293 11 (a) When a reported account holder is considered to be a
294294 12 reported presumed minor account holder as described in
295295 13 subsection (c) of Section 10, the social media company shall
296296 14 verify the age of the reported presumed minor account holder
297297 15 within 30 days after receiving the account holder age report.
298298 16 (b) A social media company shall use a third-party vendor
299299 17 to perform reasonable age verification. Reasonable age
300300 18 verification methods under subsection (b) include providing:
301301 19 (1) government-issued identification; or
302302 20 (2) any commercially reasonable age verification
303303 21 method.
304304 22 (c) If, within 30 days after receiving the account
305305 23 holder age report, a reasonable age verification reveals that
306306 24 the reported account holder:
307307 25 (1) is a minor, the social media company shall
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318318 1 take down the reported account holder's account; or
319319 2 (2) is not a minor, the social media company shall
320320 3 leave the reported account holder's social media account
321321 4 active and open and the social media company shall not be
322322 5 required to take any additional action on the account
323323 6 holder age report.
324324 7 (d) If, within 30 days after receiving the account holder
325325 8 age report, a reasonable age verification is not conducted by
326326 9 a third party for any reason, the social media company shall
327327 10 restrict the following design features from the reported
328328 11 presumed minor account holder until reasonable age
329329 12 verification is performed:
330330 13 (1) the ability of any other account holder to contact
331331 14 or direct message with a presumed minor account holder;
332332 15 (2) the ability of any other account holder to engage
333333 16 with a presumed minor account holder, including, but not
334334 17 limited to liking, commenting or sharing a presumed minor
335335 18 account holder's content posted to the social media
336336 19 platform;
337337 20 (3) infinite scroll;
338338 21 (4) push notifications;
339339 22 (5) the ability for a presumed minor account holder to
340340 23 see preference amplification on the presumed minor account
341341 24 holder's social media content;
342342 25 (6) the ability of the presumed minor account holder
343343 26 to access the social media platform between the hours of
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354354 1 10 p.m. to 6 a.m.; and
355355 2 (7) face and body image manipulation filters.
356356 3 Section 20. Liability for social media companies.
357357 4 (a) A social media company that knowingly violates this
358358 5 Act is liable if the social media company fails to:
359359 6 (1) perform a reasonable age verification for a
360360 7 reported presumed minor account holder;
361361 8 (2) restrict the design features from the reported
362362 9 presumed minor account holder until reasonable age
363363 10 verification is performed; or
364364 11 (3) take down the account of a reported presumed minor
365365 12 account holder if age verification reveals the reported
366366 13 presumed minor account holder is a minor, unless parental
367367 14 consent is provided.
368368 15 (b) If a social media company performs a reasonable age
369369 16 verification, the social media company shall not retain any
370370 17 identifying information of the individual after access to the
371371 18 social media platform has been granted.
372372 19 (c) The Attorney General may conduct an investigation of
373373 20 an alleged violation of this Act and initiate an enforcement
374374 21 action against a social media company on behalf of the State to
375375 22 assess civil penalties. Prior to asserting a cause of action,
376376 23 the Attorney General shall provide a social media company with
377377 24 a period of time of not less than 30 days to comply with this
378378 25 Act
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389389 1 (d) A social media company that is found to have violated
390390 2 this Act shall be liable for a civil penalty, to be assessed by
391391 3 a court of competent jurisdiction, of not more than $2,500 per
392392 4 violation and court costs and reasonable attorney's fees as
393393 5 ordered by the court.
394394 6 (e) This Section does not:
395395 7 (1) apply to a news or public interest broadcast,
396396 8 website video, report, or event;
397397 9 (3) apply to cloud service providers; or
398398 10 (2) affect the rights of a news-gathering
399399 11 organization.
400400 12 (f) An Internet service provider, or any of its affiliates
401401 13 or subsidiaries, or search engines, does not violate this Act
402402 14 solely by providing access, connection to or from a website,
403403 15 or other information or content on the Internet, or a
404404 16 facility, system, or network that is not under that Internet
405405 17 service provider's control, including transmission,
406406 18 downloading, intermediate storage, access software, or other
407407 19 service that provides access or connectivity, to the extent
408408 20 the Internet service provider is not responsible for the
409409 21 creation of the content or the communication on a social media
410410 22 platform.
411411 23 Section 25. Liability for commercial entities or
412412 24 third-party vendors.
413413 25 (a) A commercial entity or third-party vendor shall not
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