98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3686

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2RRR new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Makes it an unlawful business practice for operators of Internet websites, webpages, online services, online applications, social networking websites, or mobile applications directed at minors to not allow a minor to request and obtain removal of content or information posted by the minor or not allow the minor to remove the content or information themselves. Makes it an unlawful business practice for operators of Internet websites, webpages, online services, online applications, social networking websites, or mobile applications who have actual knowledge that a minor is using its Internet website, webpage, online service, online application, social networking website, or mobile application to not allow the minor to request and obtain removal of content or information posted by the minor or not allow the minor to remove the content or information themselves. Also makes it an unlawful business practice to not inform minors that are registered users of the service that they may have content or information posted by them removed including instructions on how to remove or obtain removal of the content or information. Provides exceptions if: (1) federal or State law requires maintenance of the content or information; (2) the content or information was posted by a third party, including reposting of content originally posted by the minor; (3) the content or information is hidden or made anonymous; (4) the minor fails to follow instructions for removal; or (5) the minor received compensation for the content or information. Provides the Section does not limit the authority of a law enforcement agency to obtain any content or information as required by law or court order. Provides third parties may not be found in violation of this Section. Provides operators of Internet websites, webpages, online services, online applications, social networking websites, or mobile applications are not required to seek age information about users.


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A BILL FOR

 

HB3686LRB098 14066 MLW 48630 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 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2RRR as follows:
 
6    (815 ILCS 505/2RRR new)
7    Sec. 2RRR. Internet content removal for minors.
8    (a) For purposes of this Section:
9        "Minor" means a natural person under 18 years of age
10    who resides in this State.
11        "Internet website, webpage, online service, online
12    application, social networking website, or mobile
13    application directed to minors" means an Internet website,
14    webpage, online service, online application, social
15    networking website, or mobile application, or a portion of
16    it, that is created for the purpose of reaching an audience
17    that is predominately, comprised of minors, and is not
18    intended for a more general audience comprised of adults.
19    "Internet website, webpage, online service, online
20    application, social networking website, or mobile
21    application directed to minors" does not include an
22    Internet website, webpage, online service, online
23    application, social networking website, or mobile

 

 

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1    application, or a portion of it, that only refers or links
2    to an Internet website, webpage, online service, online
3    application, social networking website, or mobile
4    application directed to minors by using information
5    location tools, including a directory, index, reference,
6    pointer, or hypertext link.
7        "Internet operator" means a person or entity that owns
8    an Internet website, webpage, online service, online
9    application, social networking website, or mobile
10    application. "Internet operator" does not include an
11    employee or third party that operates, hosts, or manages an
12    Internet website, webpage, online service, online
13    application, social networking website, or mobile
14    application on the owner's behalf or processes information
15    on the owner's behalf.
16        "Personal information" means an individual's first
17    name or first initial and last name in combination with any
18    one or more of the following data elements, when either the
19    name or the data elements are not encrypted or redacted:
20            (1) Social Security number.
21            (2) Driver's license number or State
22        identification card number.
23            (3) Account number or credit or debit card number,
24        or an account number or credit card number in
25        combination with any required security code, access
26        code, or password that would permit access to an

 

 

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1        individual's financial account.
2        "Personal information" does not include publicly
3    available information that is lawfully made available to
4    the general public from federal, State, or local government
5    records.
6        "Social networking website" means an Internet website
7    containing profile webpages of the members of the website
8    that include the names or nicknames of the members,
9    photographs placed on the profile webpages by the members,
10    or any other personal or personally identifying
11    information about the members and links to other profile
12    webpages on social networking websites of friends or
13    associates of the members that can be accessed by other
14    members or visitors to the website. A social networking
15    website provides members of or visitors to the website the
16    ability to leave messages or comments on the profile
17    webpage that are visible to all or some visitors to the
18    profile webpage and may also include a form of electronic
19    mail for members of the social networking website.
20    (b) It is an unlawful practice under this Act for an
21Internet operator of an Internet website, webpage, online
22service, online application, social networking website, or
23mobile application directed to minors or an operator of an
24Internet website, webpage, online service, online application,
25social networking website, or mobile application who has actual
26knowledge that a minor is using its Internet website, webpage,

 

 

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1online service, online application, social networking website,
2or mobile application to:
3        (1) not permit a minor to remove or request and obtain
4    removal of content or information posted by the minor on
5    the Internet website, webpage, online service, online
6    application, social networking website, or mobile
7    application; or
8        (2) not provide notice and clear instructions to a
9    minor who is a registered user of the Internet operator's
10    Internet website, webpage, online service, online
11    application, social networking website, or mobile
12    application that the minor may remove or request and obtain
13    removal of content or information posted by the minor on
14    the Internet website, webpage, online service, online
15    application, social networking website, or mobile
16    application, including clear instructions on how the minor
17    may remove or request and obtain the removal of content or
18    information posted by the minor on the Internet website,
19    webpage, online service, online application, social
20    networking website, or mobile application.
21    The notice under this subsection shall include notice that
22removal does not ensure complete or comprehensive removal of
23the content or information posted by the minor on the Internet
24operator's Internet website, webpage, online service, online
25application, social networking website, or mobile application.
26    (c) An Internet operator shall not be found in violation of

 

 

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1this Section if:
2        (1) a provision of federal or State law requires the
3    operator to maintain the content or information posted by
4    the minor;
5        (2) the content or information posted by the minor,
6    with the exception of the minor's personal information, was
7    stored on or posted to the Internet operator's Internet
8    website, webpage, online service, online application,
9    social networking website, or mobile application by a third
10    party, including content or information that was stored,
11    republished, or reposted by the third party after
12    originally being posted by the minor regardless of whether
13    the minor has had the original posting removed;
14        (3) the Internet operator makes the content or
15    information posted by the minor anonymous, so that the
16    minor cannot be individually identified, or renders the
17    content or information posted by the minor not visible to
18    the public or other users even if the content or
19    information remains on the Internet operator's servers;
20        (4) the minor does not follow the instructions provided
21    on how to request and obtain the removal of content or
22    information posted on the Internet operator's Internet
23    website, webpage, online service, online application,
24    social networking website, or mobile application; or
25        (5) the minor posting the content or information
26    received compensation or other consideration for providing

 

 

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1    the content or information.
2    (d) This Section shall not be construed to limit the
3authority of a law enforcement agency to obtain any content or
4information from an Internet operator's Internet website,
5webpage, online service, online application, social networking
6website, or mobile application as authorized by law or under an
7order of a court of competent jurisdiction.
8    (e) A third party that posts content or information
9concerning a minor, including republishing or reposting
10content or information originally posted by a minor, that is
11not the Internet operator of the Internet website, webpage,
12online service, online application, social networking website,
13or mobile application to which the content or information was
14posted may not be found in violation of this Section. This
15subsection shall not be construed as immunizing the third party
16against other criminal or civil penalties.
17    (f) This Section shall not be construed to require an
18Internet operator of an Internet website, webpage, online
19service, online application, social networking website, or
20mobile application to collect age information about users.
21    (g) The parent or legal guardian of a minor may remove or
22request the removal of content or information posted by his or
23her minor as provided in this Section, without the knowledge or
24consent of the minor for whom the parent or legal guardian
25bears responsibility.