Full Text of HB3686 98th General Assembly
HB3686ham001 98TH GENERAL ASSEMBLY | Rep. Marcus C. Evans, Jr. Filed: 3/25/2014
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| 1 | | AMENDMENT TO HOUSE BILL 3686
| 2 | | AMENDMENT NO. ______. Amend House Bill 3686 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices 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, or mobile application directed to minors" | 13 | | means an Internet website, webpage, online service, online | 14 | | application, or mobile application, or a portion of it, | 15 | | that is created for the purpose of reaching an audience | 16 | | that is predominantly comprised of minors, and is not |
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| 1 | | intended for a more general audience comprised of adults. | 2 | | "Internet website, webpage, online service, online | 3 | | application, or mobile application directed to minors" | 4 | | does not include an Internet website, webpage, online | 5 | | service, online application, or mobile application, or a | 6 | | portion of it, that only refers or links to an Internet | 7 | | website, webpage, online service, online application, or | 8 | | mobile application directed to minors by using information | 9 | | location tools, including a directory, index, reference, | 10 | | pointer, or hypertext link. | 11 | | "Internet operator" means a person or entity that owns | 12 | | an Internet website, webpage, online service, online | 13 | | application, or mobile application. "Internet operator" | 14 | | does not include an employee or third party that operates, | 15 | | hosts, or manages an Internet website, webpage, online | 16 | | service, online application, or mobile application on the | 17 | | owner's behalf or processes information on the owner's | 18 | | behalf. | 19 | | (b) It is an unlawful practice under this Act for an | 20 | | Internet operator of an Internet website, webpage, online | 21 | | service, online application, or mobile application directed to | 22 | | minors or an Internet operator of an Internet website, webpage, | 23 | | online service, online application, or mobile application who | 24 | | has actual knowledge that a minor is using its Internet | 25 | | website, webpage, online service, online application, or | 26 | | mobile application to: |
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| 1 | | (1) not permit a minor who is a registered user of the
| 2 | | Internet operator's Internet website, webpage, online | 3 | | service, online application, or mobile application to | 4 | | remove or, if the operator prefers, request and obtain | 5 | | removal of content or information posted by the minor on | 6 | | the Internet website, webpage, online service, online | 7 | | application, or mobile 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, or mobile application that the minor may | 12 | | remove or, if the Internet operator prefers, request and | 13 | | obtain removal of content or information posted by the | 14 | | minor on the Internet website, webpage, online service, | 15 | | online application, or mobile application. | 16 | | The notice under this subsection (b) shall include notice | 17 | | that removal does not ensure complete or comprehensive removal | 18 | | of the content or information posted by the minor on the | 19 | | Internet operator's Internet website, webpage, online service, | 20 | | online application, or mobile application. | 21 | | (c) An Internet operator shall not be found in violation of | 22 | | this Section if: | 23 | | (1) a provision of federal or State law requires the | 24 | | operator to maintain the content or information posted by | 25 | | the minor; | 26 | | (2) the content or information posted by the minor was |
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| 1 | | stored on or posted to the Internet operator's Internet | 2 | | website, webpage, online service, online application, or | 3 | | mobile application by a third party, including content or | 4 | | information that was stored, republished, or reposted by | 5 | | the third party after originally being posted by the minor | 6 | | regardless of whether the minor has had the original | 7 | | posting removed; | 8 | | (3) the Internet operator makes the content or | 9 | | information posted by the minor anonymous, so that the | 10 | | minor cannot be identified in any manner, or renders the | 11 | | content or information posted by the minor not visible to | 12 | | the public or other users even if the content or | 13 | | information remains on the Internet operator's servers; | 14 | | (4) the minor does not follow the instructions provided | 15 | | on how to request and obtain the removal of content or | 16 | | information posted on the Internet operator's Internet | 17 | | website, webpage, online service, online application, or | 18 | | mobile application; or | 19 | | (5) the minor posting the content or information | 20 | | received compensation or other consideration for providing | 21 | | the content or information. | 22 | | (d) This Section shall not be construed to limit the | 23 | | authority of a law enforcement agency to obtain any content or | 24 | | information from an Internet operator's Internet website, | 25 | | webpage, online service, online application, or mobile | 26 | | application as authorized by law or under an order of a court |
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| 1 | | of competent jurisdiction. | 2 | | (e) This Section shall not be construed to require an | 3 | | Internet operator of an Internet website, webpage, online | 4 | | service, online application, or mobile application to collect | 5 | | age information about users. ".
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