DIGITAL AGE ASSURANCE

Illinois General Assembly - 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,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Children'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
8
years of age or a parent or legal guardian of a user who is
9
under 18 years of age in this State. "Account holder" does not
10
include a parent or legal guardian of an emancipated minor or a
11
parent or legal guardian who is not associated with a user's
12
device.
13

"Addictive feed" means a website, online service, online
14
application, or mobile application, or a portion thereof, in
15
which multiple pieces of media generated or shared by users of
16
a website, online service, online application, or mobile
17
application, either concurrently or sequentially, are
18
recommended, selected, or prioritized for display to a user
19
based, in whole or in part, on information associated with the
20
user or the user's device, unless any of the following
21
conditions are met:
22

(1) the recommendation, prioritization, or selection
23

is based on information that is not persistently

HB5511 Enrolled
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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
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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
11
that offers users or provides users with an addictive feed as a
12
part of the service provided by that website, online service,
13
online application, or mobile application.
14

"Age bracket" means a user's age range, including, but not
15
limited 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
23
derived from a user's birth date or age for the purpose of
24
sharing with covered operators that indicates the user's age
25
bracket. "Age bracket data" includes a range of ages but does
26
not indicate the exact age of the user.

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1

"Application" means a software application that may be run
2
or directed by a user on an Internet-enabled device.
3

"Application programming interface" means a system that
4
allows 2 or more software systems to communicate and exchange
5
information, features, and functionality.
6

"Application store" means a publicly available website,
7
software application, online service, or platform that
8
distributes and facilitates the download of applications from
9
third-party developers to users of an Internet-enabled device.
10

"Content" means user-to-user text, audio, or an image or
11
video upload.
12

"Covered manufacturer" means a manufacturer of an
13
Internet-enabled device, an operating system provider, or an
14
application store.
15

"Covered minor" means any user that a covered platform has
16
actual knowledge, or should have known, based on knowledge
17
fairly implied under objective circumstances, is under 18
18
years of age.
19

"Covered operator" means any person, business, or other
20
legal 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,
24
online service, online application, or mobile application
25
that:
26

(1) is used by a covered minor in this State; and

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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
15
Internet-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
22
resident of this State.
23

"Direct messaging" means sending private one-on-one or
24
group messages to other users that are separate from public
25
posts.
26

"Distribute" means to issue, sell, give, provide, deliver,

HB5511 Enrolled
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1
transfer, transmit, circulate, or disseminate by any means.
2

"Gifted currency" means a currency transfer between users
3
involving fiat currency or digital currency purchased with
4
fiat currency and used within a covered platform whether or
5
not it can be converted to money.
6

"Internet-enabled device" means a smartphone, tablet, or
7
personal laptop or desktop computer that provides cellular or
8
wireless connectivity, is capable of connecting to the
9
Internet, runs an operating system, and is capable of
10
downloading and running applications.
11

"Known adult" means any user that a covered platform has
12
actual knowledge, or should have known, based on knowledge
13
fairly implied under objective circumstances, is at least 18
14
years of age.
15

"News media" means personnel of a newspaper or other
16
periodical issued at regular intervals, whether in print or
17
electronic format, a news service, whether in print or
18
electronic format, a radio station, a television station, a
19
television network, a community antenna television service, or
20
a person or corporation engaged in making news reels or other
21
motion picture news for public showing.
22

"Operating system" means the system software that manages
23
the hardware of an Internet-enabled device and allows programs
24
and applications to run on the device.
25

"Operating system provider" means a commercial or
26
non-profit entity that controls the Internet-enabled device's

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
operating system, including the design, programming, or supply
2
of operating systems for the Internet-enabled devices.
3

"Parent" means a parent or legal guardian.
4

"Precise geolocation information" means information
5
derived from technology, including, but not limited to, global
6
positioning system level latitude and longitude coordinates or
7
other mechanisms, that directly identifies the specific
8
location within a radius of 1,750 feet.
9

"Precise geolocation information" does not include the
10
content of communications.
11

"Processor" means a person that processes personal data on
12
behalf of a covered operator or another processor.
13

"Publish" means to communicate or make information
14
available to another person or entity on a publicly available
15
website, online service, online application, or mobile
16
application.
17

"Verifiable parental consent" has the meaning set forth in
18
the Children's Online Privacy Protection Act, 15 U.S.C.
19
6501(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
22
that offers an account setup feature for an Internet-enabled
23
device shall:
24

(1) provide an accessible interface at account setup
25

that requires an account holder to indicate the birth

HB5511 Enrolled
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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
17
January 1, 2028, a covered manufacturer shall, before July 1,
18
2028, provide an accessible interface that allows an account
19
holder to indicate the birth date, age, or both, of the primary
20
user of that device for the purpose of providing a signal
21
regarding the primary user's age bracket to covered operators.
22

(b) By July 1, 2028, a covered operator shall request from
23
a covered manufacturer an age bracket signal for the primary
24
user of an Internet-enabled device when the user downloads or
25
launches a covered platform. If the signal indicates that a
26
user is under 18, then the covered operator shall treat the

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
signal as an authoritative indicator of the user's age bracket
2
and the covered operator shall be deemed to have actual
3
knowledge that a user is a covered minor only with respect to
4
that specific device; provided, however, that a covered
5
operator shall not willfully disregard clear and convincing
6
information otherwise available to the covered operator that
7
indicates a user's age is different than that indicated by the
8
age bracket signal provided by a covered manufacturer.
9

(c) A covered operator that receives a signal in
10
accordance 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
23
this Section shall be encrypted to ensure data integrity and
24
security.
25

(e) A covered manufacturer that makes a good faith effort
26
to comply with this Section, taking into consideration

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
available technology and reasonable technical limitations or
2
outages, shall not be liable for an erroneous signal
3
indicating a user's age bracket data or any conduct by a
4
covered operator that receives a signal indicating a user's
5
age bracket data.
6

(f) A covered manufacturer shall comply with this Act in a
7
nondiscriminatory manner, including, but not limited to, by
8
complying 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
21
manufacturer or covered operator that arises from the use of a
22
device or application by a person who is not the user to whom a
23
signal pertains.

24

Section 15.
Protections for covered minors.
25

(a) For all users that the covered operator has determined

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
to be a covered minor, the covered operator shall use the
2
following 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
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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
12
determined by a covered operator to be over the age of 16 may
13
override the default privacy settings described in subsection
14
(a). A parent of a covered minor may override the default
15
privacy settings described in subsection (a) for a covered
16
minor under the age of 16. A covered operator shall not provide
17
a covered minor with a single setting that makes all the
18
default privacy settings less protective at once. A covered
19
operator shall not request or prompt a covered minor to make
20
the covered minor's privacy settings less protective unless
21
the change is strictly necessary for the covered minor to
22
access a service or feature that they expressly and
23
unambiguously requested.
24

(c) For all users that the covered operator has determined
25
to be a covered minor, the covered operator shall provide a
26
mechanism that enables a parent to set a monthly limit on all

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
gifted currency related to the covered minor's account. The
2
covered operator shall establish a mechanism by which a parent
3
of a covered minor may easily view a history of all gifted
4
currency related to the covered minor's account at any time.
5

(d) It shall be unlawful for a covered operator under this
6
Section to, between the hours of 10 p.m. and 7 a.m., send
7
notifications 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
15
addictive social media platform to provide an addictive feed
16
to a covered minor unless the covered operator of the
17
addictive social media platform has obtained verifiable
18
parental consent to provide an addictive feed to a covered
19
minor.
20

(f) It shall be unlawful for a covered operator of an
21
addictive social media platform to enable the automatic
22
playing of media to a covered minor by default.
23

(g) A covered operator of an addictive social media
24
platform may choose not to provide services to minors. A
25
covered operator of an addictive social media platform shall
26
not withhold, degrade, lower the quality, or increase the

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
price of any product, service, or feature, other than as
2
necessary for compliance with the provisions of this Act, to a
3
covered user solely because the covered operator of the
4
addictive social media platform is not permitted to provide an
5
addictive feed to the covered user under this Act.
6

(h) All information collected for the purpose of obtaining
7
verifiable parental consent required under this Section shall
8
not be used for any purpose other than obtaining verifiable
9
parental consent and shall be deleted within a reasonable
10
period after an attempt to obtain verifiable parental consent,
11
except where it is necessary for the compliance with any
12
applicable provisions of State or federal law.
13

(i) Nothing in this Section shall be construed as
14
requiring a covered operator to give a parent who grants
15
verifiable parental consent any additional or special access
16
to or control over the data or accounts of the parent's child.
17

(j) Nothing in this Section shall be construed to prohibit
18
a covered operator from instituting a privacy setting for
19
covered minors or other users that is more protective than
20
that required by this Section.
21

(k) Nothing in this Section shall be construed as
22
requiring a covered operator to remove any user-generated
23
content or preventing access to information regarding sex,
24
sexuality, gender, and reproductive health that is not already
25
prohibited by existing law.
26

(l) Nothing in this Section shall be construed as

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
preventing any actions taken in good faith to restrict access
2
to or availability of any media.

3

Section 20.
Application.
4

(a) A covered operator that complies with the provisions
5
of this Act shall not be held liable for any inaccuracies in
6
the covered user's age bracket data.
7

(b) A covered operator that receives a digital signal in
8
accordance with this Act may rely on that signal for purposes
9
of compliance with this Act and shall not be required to
10
independently verify the age of the user.
11

(c) A covered operator that reasonably relies on a digital
12
signal provided by a covered manufacturer shall not be liable
13
for an inaccurate age determination resulting from an
14
erroneous signal.
15

(d) Nothing in this Act shall be construed to prohibit a
16
covered operator from the ability to prevent, detect, protect
17
against, or respond to security incidents, identity theft,
18
fraud, harassment, malicious or deceptive activities, or any
19
illegal activity targeted at or involving the developer or its
20
services, preserve the integrity or security of systems, or
21
investigate, report, or prosecute those responsible for any
22
such action.
23

(e) This Act does not apply to any entity whose primary
24
purpose is news media and that has a majority of its workforce
25
consisting of individuals engaging in news media.

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1

(f) This Act does not apply to a broadband Internet access
2
service provider, including any affiliate or subsidiary of the
3
provider. This Act does not create a private right of action or
4
cause of action to enforce any violation or alleged violation
5
of its provisions against a broadband Internet access service
6
provider, including any affiliate or subsidiary of the
7
provider, when the violation is alleged to be committed by
8
another entity using the provider's service. As used in this
9
subsection, "broadband Internet access service provider" has
10
the 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
13
has engaged in, is engaging in, or is about to engage in any
14
act declared to be unlawful by this Act, or when the Attorney
15
General believes it to be in the public interest that an
16
investigation should be made to ascertain whether a person in
17
fact has engaged in, is engaging in, or is about to engage in
18
any practice declared to be unlawful under this Act, the
19
Attorney 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
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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
11
duties prescribed by this Act, the Attorney General, in
12
addition to other powers conferred upon the Attorney General
13
by this Act, may issue subpoenas to any person, administer an
14
oath or affirmation to any person, conduct hearings in aid of
15
any investigation or inquiry, prescribe forms, and adopt rules
16
as may be necessary.
17

(c) Service by the Attorney General of any notice
18
requiring a person to file a statement or report, or of a
19
subpoena 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
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LRB104 20720 SPS 34223 b
1

this State.
2

(d) If any person fails or refuses to file any statement or
3
report or obey any subpoena issued by the Attorney General,
4
the Attorney General may file a complaint in the circuit court
5
for the following, until the person files the statement or
6
report 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
20
General may accept an Assurance of Voluntary Compliance with
21
respect to any act deemed to be violative of this Act from any
22
person who has engaged in, is engaging in, or was about to
23
engage in the act. Evidence of a violation of an Assurance of
24
Voluntary Compliance shall be prima facie evidence of a
25
violation of this Act in any subsequent proceeding brought by
26
the Attorney General against the alleged violator.

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LRB104 20720 SPS 34223 b
1

(f) Whenever the Attorney General has reason to believe
2
that any person is using, has used, or is about to use any act
3
declared by this Act to be unlawful, and that proceedings
4
would be in the public interest, the Attorney General may
5
bring an action in the name of the People of the State against
6
the person to restrain by preliminary or permanent injunction
7
the use of the act. The court, in its discretion, may exercise
8
all powers necessary, including, but not limited to: (i)
9
injunction; (ii) revocation, forfeiture, or suspension of any
10
license, charter, franchise, certificate, or other evidence of
11
authority of any person to do business in this State; (iii)
12
appointment of a receiver; (iv) dissolution of domestic
13
corporations or associations; (v) suspension or termination of
14
the right of foreign corporations or associations to do
15
business in this State; and (vi) restitution.
16

(g) In addition to the remedies provided in this Section,
17
the Attorney General exclusively may request, and a court may
18
award, a civil penalty of $50,000 for each violation against a
19
covered manufacturer or a covered operator found by the court
20
to have engaged in any act declared unlawful under this Act.
21
Any moneys paid under this Act shall be deposited into the
22
Attorney General Court Ordered and Voluntary Compliance
23
Payment Projects Fund. Moneys in the Fund shall be used,
24
subject to appropriation, for the performance of any function
25
pertaining to the exercise of the duties of the Attorney
26
General, including, but not limited to, enforcement of any law

HB5511 Enrolled
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LRB104 20720 SPS 34223 b
1
of this State; however, any moneys in the Fund that are
2
required by the court or by an agreement to be used for a
3
particular purpose shall be used for that purpose.
4

(h) When a receiver is appointed by the court under this
5
Act, the receiver shall have the power to sue for, collect,
6
receive and take into the receiver's possession all the goods
7
and chattels, rights and credits, moneys and effects, lands
8
and tenements, books, records, documents, papers, choses in
9
action, bills, notes, and property of every description,
10
derived by means of any practice declared to be illegal and
11
prohibited by this Act, including property with which the
12
property has been mingled if it cannot be identified in kind
13
because of the commingling, and to sell, convey, and assign
14
the same and hold and dispose of the proceeds thereof under the
15
direction of the court. Any person who has suffered damages as
16
a result of the use or employment of any unlawful practices and
17
submits proof to the satisfaction of the court that the person
18
has in fact been damaged, may participate with general
19
creditors in the distribution of the assets to the extent the
20
person has sustained out-of-pocket losses. In the case of a
21
partnership or business entity, the receiver shall settle the
22
estate and distribute the assets under the direction of the
23
court. The court shall have jurisdiction of all questions
24
arising in the proceedings and may make such orders and
25
judgments as may be required.
26

(i) Subject to an order of the court terminating the

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LRB104 20720 SPS 34223 b
1
business affairs of any person after receivership proceedings
2
held under this Act, the provisions of this Act shall not bar
3
any claims against any person who has acquired any moneys or
4
property, real or personal, by means of any act declared to be
5
unlawful under this Act.
6

(j) Nothing in this Act is intended to limit the remedies
7
available under any other law, including the Consumer Fraud
8
and Deceptive Business Practices Act.
9

(k) Except as otherwise expressly provided for in this
10
Act, nothing in this Act shall be construed to grant any person
11
a private right of action for damages or to enforce the
12
provisions of this Act.

13

Section 97.
Severability.
The provisions of this Act are
14
severable under Section 1.31 of the Statute on Statutes.

15
Section 99.
Effective date.
This Act takes effect January 1,
16
2028.

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