HB5591 103RD GENERAL ASSEMBLY

LRB103 38870 SPS 69007 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5591

Introduced 2/9/2024, by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2EEEE new

Creates the Bolstering Online Transparency Act. Provides that a person shall not use a bot to communicate or interact with another person in this State online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person makes a specified disclosure. Provides that the disclosure shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. Provides the Act does not impose a duty on service providers of online platforms, including, but not limited to, web hosting and Internet service providers. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act are severable. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective July 1, 2025.

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 Bolstering Online Transparency Act.

Section 5. Definitions. As used in this Act:

"Bot" means an automated online account where all or substantially all of the actions or posts of that account are not the result of a person.

"Online" means appearing on any public-facing Internet website, web application, or digital application, including a social network or publication.

"Online platform" means any public-facing Internet website, web application, or digital application, including a social network or publication, that has 10,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.

"Person" means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, government, governmental subdivision or agency, or other legal entity or any combination of those entities.

Section 10. Bot communication disclosure. (a) A person shall not use a bot to communicate or interact with another person in this State online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election. A person using a bot shall not be liable under this Section if the person makes a disclosure as described in subsection (b).

(b) The disclosure required by this Section shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot.

Section 15. Scope.

(a) The duties and obligations imposed by this Act are cumulative with any other duties or obligation imposed by any other law.

(b) This Act does not impose a duty on service providers of online platforms, including, but not limited to, web hosting and Internet service providers.

Section 20. Enforcement by Attorney General. A violation of any of the provisions of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. All remedies, penalties, and authority granted to the Attorney General by that Act shall be available to him or her for the enforcement of this Act.

Section 25. Severability. The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

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

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Bolstering Online Transparency Act. A person who violates the Bolstering Online Transparency Act commits an unlawful practice within the meaning of this Act.

Section 99. Effective date. This Act takes effect on July 1, 2025.