Public Act 0341 97TH GENERAL ASSEMBLY

HB3289 Enrolled LRB097 08259 AEK 48385 b

Public Act 097-0341

AN ACT concerning the Internet.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Online Child Safety Act.

Section 5. Legislative intent. It is the intent of the General Assembly that this Act promote the dissemination of qualifying parental controls for the protection of children in this State subject to appropriate and beneficial oversight by their parents and families.

Section 10. Applicability. This Act applies to every Internet access provider that knows or has reason to know that a subscriber currently resides in this State.

Section 15. Definitions. In this Act:

"Child" means an individual under the age of 18 years.

"Computer network" means the computer network commonly known as the Internet and any other local, regional, or global computer network that is similar to or is a predecessor of or successor to the Internet.

"Interactive computer service" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service. "Interactive computer service" includes a service or system that provides access to the Internet and systems operated or services offered by a library or educational institution.

"Internet" means the international computer network of both federal and nonfederal interoperable packet-switched data networks.

"Internet access provider" means a provider that offers directly to residential customers an interactive computer service to obtain access to the Internet in exchange for consideration, such as through a paid subscription or through an agreement to view specific advertising or other content. "Internet access provider" does not include a library or educational institution that operates or offers an interactive computer service to obtain access to the Internet.

"Parental control" means a product or service to control a child's access to the Internet.

Section 20. Parental controls required.

(a) An Internet access provider must make a parental control that satisfies the requirements of this Section available to each subscriber in this State. An Internet access provider is not, however, required to provide a parental control that is not reasonably and commercially available for the technology that a subscriber uses to obtain access to the Internet.

(b) A parental control must allow a subscriber, in a commercially reasonable manner, to do one of the following:

(1) Block a child's access to websites by specifying prohibited websites or by selecting a category of sites to block.

(2) Restrict a child's access exclusively to websites that the subscriber approves or a category of websites that the subscriber approves.

Section 25. Parental controls; availability; charge.

(a) An Internet access provider must make the parental control required under Section 20 available to a subscriber at or near the time of subscription.

(b) An Internet access provider may make the parental control required under Section 20 available to a subscriber either directly or through a third party.

(c) An Internet access provider or third party may charge for any parental control provided to a subscriber.

Section 99. Effective date. This Act takes effect upon becoming law.

Effective Date: 8/12/2011