State of Illinois
2017 and 2018


Introduced , by Rep. Barbara Wheeler


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 obscene material inaccessible. Permits the blocking capability to be deactivated. Provides a remedy if non-obscene material is blocked. Imposes a fee upon devices for which blocking capability is disabled. Permits the collection of opt-in fees for products that make Internet content available. Authorizes the Attorney General or a consumer to seek damages. Provides that fees shall be remitted to the Department of Revenue. Specifies the purposes for which, subject to appropriation, the fees may be used. Amends the Consumer Fraud and Deceptive Business Practices Act to include this Act within the list of Acts subject to the Consumer Fraud and Deceptive Business Practice Act.

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1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Short title. This Act may be cited as the Human
5Trafficking and Child Exploitation Prevention Act.
6    Section 5. Unlawful practice.
7    (a) A person may not manufacture, sell, offer for sale,
8lease, or distribute a product that makes content accessible on
9the Internet:
10        (1) unless the product contains digital blocking
11    capability that renders any obscene material, as defined in
12    Criminal Code of 2012, inaccessible; and
13        (2) to a minor unless the digital blocking capability
14    is active and properly operating to make obscene material
15    inaccessible.
16    (b) A person who manufactures, sells, offers for sale,
17leases, or distributes a product that makes content accessible
18on the Internet shall:
19        (1) make reasonable and ongoing efforts to ensure that
20    the digital content blocking capability functions
21    properly;
22        (2) establish a reporting mechanism, such as a website
23    or call center, to allow a consumer to report unblocked



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1    obscene material or report blocked material that is not
2    obscene;
3        (3) ensure that all child pornography and revenge
4    pornography is inaccessible on the product;
5        (4) prohibit the product from accessing any hub that
6    facilitates prostitution; and
7        (5) render websites that are known to facilitate human
8    trafficking, in violation of the Criminal Code of 2012,
9    inaccessible.
10    Section 10. Deactivation of blocking capability.
11    (a) Any digital blocking capability may be deactivated
12after a consumer:
13        (1) requests that the capability be disabled;
14        (2) presents identification to verify that the
15    consumer is 18 years of age or older;
16        (3) acknowledges receiving a written warning regarding
17    the potential danger of deactivating the digital blocking
18    capability; and
19        (4) pays a one-time $20 digital access fee.
20    (b) A person who manufactures, sells, offers for sale,
21leases, or distributes a product that makes content accessible
22on the Internet may charge its own separate opt-in fee for each
23product that enters this State's stream of commerce.
24    Section 15. Collection and distribution of fees.



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1    (a) Each quarter, a person that receives a digital access
2fee or an opt-in fee under Section 10 shall do both of the
4        (1) Remit all fee proceeds to the Department of Revenue
5    in the manner prescribed by the Department of Revenue.
6        (2) File a report with the Department of Revenue
7    containing the information prescribed by the Department of
8    Revenue.
9    (b) The Department of Revenue shall deposit the funds
10remitted under this Section as follows:
11        (1) 60% shall be deposited into the Specialized
12    Services for Survivors of Human Trafficking Fund.
13        (2) 40% shall be deposited into the Alcoholism and
14    Substance Abuse Fund.
15    (c) Moneys received under this Section may be expended only
16pursuant to appropriation.
17    Section 20. Blocking material other than obscene material.
18    (a) If the digital blocking capability blocks material that
19is not obscene and the block is reported to a call center or
20reporting website, the material shall be unblocked within a
21reasonable time, but in no event later than 5 business days
22after the block is first reported.
23    (b) A consumer may seek judicial relief to unblock filtered
25    (c) If a person who manufactures, sells, offers for sale,



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1leases, or distributes a product that makes content accessible
2on the Internet is unresponsive to a report of obscene material
3that has breached the filter, the Attorney General or a
4consumer may file a civil suit. The Attorney General or a
5consumer may seek damages of up to $500 for each piece of
6content that was reported but not subsequently blocked. The
7prevailing party in the civil action may seek attorney's fees.
8    Section 25. Violation; enforcement. A violation of this Act
9constitutes an unlawful practice under the Consumer Fraud and
10Deceptive Business Practices Act. All remedies, penalties, and
11authority granted to the Attorney General by the Consumer Fraud
12and Deceptive Business Practices Act shall be available to him
13or her for the enforcement of this Act.
14    Section 90. The Consumer Fraud and Deceptive Business
15Practices Act is amended by changing Section 2Z as follows:
16    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
17    Sec. 2Z. Violations of other Acts. Any person who knowingly
18violates the Automotive Repair Act, the Automotive Collision
19Repair Act, the Home Repair and Remodeling Act, the Dance
20Studio Act, the Physical Fitness Services Act, the Hearing
21Instrument Consumer Protection Act, the Illinois Union Label
22Act, the Installment Sales Contract Act, the Job Referral and
23Job Listing Services Consumer Protection Act, the Travel



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1Promotion Consumer Protection Act, the Credit Services
2Organizations Act, the Automatic Telephone Dialers Act, the
3Pay-Per-Call Services Consumer Protection Act, the Telephone
4Solicitations Act, the Illinois Funeral or Burial Funds Act,
5the Cemetery Oversight Act, the Cemetery Care Act, the Safe and
6Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the
7High Risk Home Loan Act, the Human Trafficking and Child
8Exploitation Act, the Payday Loan Reform Act, the Mortgage
9Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the
10Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the
11Cigarette Use Tax Act, the Electronic Mail Act, the Internet
12Caller Identification Act, paragraph (6) of subsection (k) of
13Section 6-305 of the Illinois Vehicle Code, Section 11-1431,
1418d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
15Illinois Vehicle Code, Article 3 of the Residential Real
16Property Disclosure Act, the Automatic Contract Renewal Act,
17the Reverse Mortgage Act, Section 25 of the Youth Mental Health
18Protection Act, the Personal Information Protection Act, or the
19Student Online Personal Protection Act commits an unlawful
20practice within the meaning of this Act.
21(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
22eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
23revised 10-6-17.)