HB2616 101ST GENERAL ASSEMBLY

LRB101 06074 TAE 51095 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2616

Introduced , by Rep. Amy Grant

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Human Trafficking and Child Exploitation Prevention Act. Provides that it is unlawful to make available a device that makes content accessible on the Internet unless the product contains digital blocking capability that renders inaccessible a website displaying obscene material, defined under the Criminal Code of 2012, and, if sold to a minor, the digital blocking capability is active. Permits the blocking capability to be deactivated if certain steps are undertaken. Provides a remedy if non-obscene material is blocked. Imposes a nominal fee upon devices for which blocking capability is disabled to be remitted to a fund to help the State bear the costs of upholding community standards and of combating sex crimes. Permits retailers to charge a separate opt-in fee for profit. Authorizes the Attorney General or a consumer to seek damages. Provides affirmative defenses and exemptions. Amends the Consumer Fraud and Deceptive Business Practices Act to include the Human Trafficking and Child Exploitation Prevention Act within the list of Acts subject to the Consumer Fraud and Deceptive Business Practice Act. Effective one year after becoming law.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning business.

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 Human Trafficking and Child Exploitation Prevention Act.

Section 5. Duty of the seller.

(a) A person may not manufacture, sell, offer for sale, lease, or distribute a product that makes content accessible on the Internet unless:

(1) the product contains digital blocking capability that attempts to render websites displaying obscene material, as defined in the Criminal Code of 2012, inaccessible by default; and

(2) if sold to a minor, the digital blocking capability is active and attempting to make websites displaying obscene material inaccessible by default.

(b) A person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet shall:

(1) make reasonable and ongoing efforts to ensure that the digital content blocking capability functions properly;

(2) establish a reporting mechanism, such as a website or call center, to allow a consumer to report unblocked websites that are displaying obscene material or report blocked websites are not displaying obscene material;

(3) make reasonable and ongoing efforts to ensure that websites displaying child pornography and revenge pornography are inaccessible on the product by default;

(4) make reasonable and ongoing efforts to prohibit the product from accessing any hub that facilitates prostitution by default;

(5) make reasonable and ongoing efforts to render websites that are known to facilitate human trafficking, in violation of the Criminal Code of 2012, inaccessible by default; and

(6) report child pornography received through the reporting mechanism to the Cyber Tipline at the National Center For Missing and Exploited Children in accordance with 18 U.S.C. 2258A.

Section 10. Deactivation of blocking capability.

(a) Any digital blocking capability must be deactivated after a consumer:

(1) requests that the capability be disabled;

(2) presents identification to verify that the consumer is 18 years of age or older;

(3) acknowledges a warning regarding the potential danger of deactivating the digital blocking capability; and

(4) pays a one-time $20 digital access fee to be remitted to the State.

(b) The digital access fee in paragraph (4) of subsection (a) of this Section is not content based, but charged and remitted to the State to help the State bear the costs of upholding community standards of decency and of combating sex-related crimes.

(c) Nothing in this Act shall be construed to prevent a seller from charging and retaining as profit a reasonable separate fee to deactivate the digital blocking capability in addition to the fee imposed under paragraph (4) of subsection (a) of this Section.

Section 15. Collection and distribution of fees.

(a) Each quarter, a person that receives a digital access fee or an opt-in fee under paragraph (4) subsection (a) of Section 10 shall do both of the following:

(1) Remit all fee proceeds to the Department of Revenue in the manner prescribed by the Department of Revenue.

(2) File a report with the Department of Revenue containing the information prescribed by the Department of Revenue.

(b) The Department of Revenue shall deposit the funds remitted under this Section as follows:

(1) 60% shall be deposited into the Specialized Services for Survivors of Human Trafficking Fund;

(2) 40% shall be deposited into the Alcoholism and Substance Abuse Fund;

(c) The money deposited to those funds may be used only:

(1) for the purposes authorized for the Specialized Service for Survivors of Human Trafficking Fund and the Alcoholism and Substance Abuse Fund;

(2) by the Attorney General, for grants to government and non-government entities and individuals that are working to uphold community standards of decency, to strengthen families and to develop, expand, or strengthen programs for victims of human child exploitation, providing grants to fund:

(i) rape kit testing;

(ii) physical and mental health services;

(iii) temporary and permanent housing placement;

(iv) employment, placement, education, training;

(v) prevention of human trafficking, domestic violence, prostitution, divorce child abuse, and rape by training first responders and by increasing public awareness;

(vi) independent school districts;

(vii) victims' compensation;

(viii) family counseling;

(xi) shelters and Dream Centers;

(x) creative art projects designed to promote decency; and

(3) by the Office of the Governor for grants to support human trafficking prosecution and projects to uphold community standards of decency.

Section 20. Duty to maintain the quality of the digital blocking capability.

(a) If the digital blocking capability blocks a website that is not displaying obscene material or is not known to facilitate human trafficking or prostitution and the block is reported to a call center or reporting mechanism, the material shall be unblocked within a reasonable time, but in no event later than 5 business days after the block is first reported.

(b) A consumer or the Attorney General may seek judicial relief to unblock filtered content and may seek attorney fees, costs, and other forms of relief.

(c) If a person who manufactures, sells, offers for sale, leases, or distributes a product that makes content accessible on the Internet is unresponsive to a report of a website that is displaying obscene material that has breached the filter, the Attorney General or a consumer may file a civil suit. The Attorney General or a consumer may seek damages of up to $500 for website that was reported, but not subsequently blocked. The prevailing party in the civil action may seek attorney's fees, costs, and other forms of relief.

(d) It shall be an affirmative defense in civil action to a charge of violating this Act that the dissemination of the content described in Section 5 was limited to institutions or organizations having scientific, educational, or other similar justifications for displaying the material covered by Section 5 of this Act.

Section 25. Violation; enforcement.

(a) A person is guilty of an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act if he or she:

(1) violates subsection (a) of Section 5;

(2) releases the source code or mechanism to deactivate to a minor or non-consenting adult;

(3) deactivates the blocking capability without complying with the steps in subsection (a) of Section 10;

(b) All remedies, penalties, and authority granted to the Attorney General by the Consumer Fraud and Deceptive Business Practices Act shall be available to him or her for the enforcement of this Act.

Section 30. Exemptions.

(a) This Act does not apply to an occasional sale of an internet enabled device by a person that is not regularly engaged in the trade business of selling internet enabled devices.

(b) This Act does not retroactively apply to products produced or sold before the effective date of this Act.

(c) The digital blocking capability shall not block access to social media websites that provide a means for the website's users to report obscene materials and have in place procedures for evaluating those reports and removing obscene material.

(d) The digital blocking capability shall not block access search engines.

Section 90. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Human Trafficking and Child Exploitation Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18.)

Section 99. Effective date. This Act takes effect one year after becoming law.