Public Act 097-0341
 
HB3289 EnrolledLRB097 08259 AEK 48385 b

    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