Illinois General Assembly - Full Text of SB3417
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Full Text of SB3417  102nd General Assembly

SB3417 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3417

 

Introduced 1/18/2022, by Sen. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Freedom to Subscribe Directly Act. Provides that a provider of a digital application distribution platform for which cumulative downloads of software applications from the digital application distribution platform to Illinois users exceed 1,000,000 downloads in the previous or current calendar year may not: (i) require a software application developer that is domiciled in the State to use a particular in-application payment system as the exclusive mode of accepting payments from a user for software application downloads or digital purchases; (ii) require use of a particular in-application payment system for accepting payments from Illinois users to download a software application or purchase a digital or physical copy; or (iii) retaliate against a developer that is domiciled in the State or an Illinois user for using an in-application payment system or digital application distribution platform that is not owned by, operated by, or affiliated with the provider. Exempts special-purpose digital application distribution platforms from the Act. Provides that the Attorney General may receive complaints and investigate violations of the Act. Provides that any person aggrieved by a violation of the Act may commence a civil action. Defines terms.


LRB102 24885 KTG 34135 b

 

 

A BILL FOR

 

SB3417LRB102 24885 KTG 34135 b

1    AN ACT concerning digital application distribution
2platforms.
 
3    Be it enacted by the People of the State of Illinois,
4represented in the General Assembly:
 
5    Section 1. Short title. This Act may be cited as the
6Freedom to Subscribe Directly Act.
 
7    Section 5. Definitions. As used in this Act:
8        "Illinois user" means a user whose most recent address
9    shown in the records of a provider is located within this
10    State.
11        "Developer" means a creator of software applications
12    that are made available for download by users through a
13    digital application distribution platform or other digital
14    distribution platform.
15        "Digital application distribution platform" means a
16    digital distribution platform for applications and
17    services that are provided to users on general-purpose
18    hardware, including mobile phones, smartphones, tablets,
19    personal computers, and other general-purpose devices that
20    are connected to the Internet. "Digital application
21    distribution platform" includes a digital distribution
22    platform that is provided or used for only certain types
23    of devices, such as certain grades of computing device,

 

 

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1    devices that are made by only a particular manufacturer,
2    or devices that run a particular operating system.
3        "Domiciled in this State" means a person that conducts
4    in this State the substantial portion of work to create or
5    to maintain digital applications.
6        "In-application payment system" means an application,
7    service, or user interface that is used to process
8    payments from users to developers for software
9    applications and digital and physical products and
10    services distributed through software applications.
11        "Provider" means a person that owns, operates,
12    implements, or maintains a digital application
13    distribution platform or an in-application payment system.
14        "Special-purpose digital application distribution
15    platform" means a digital distribution platform
16    established primarily for use by public safety agencies or
17    for single or specialized categories of applications,
18    software, and services that are provided to users on
19    hardware intended primarily for specific purposes,
20    including gaming consoles, music players, and other
21    special-purpose devices that are connected to the
22    Internet.
 
23    Section 10. Digital application distribution platforms;
24prohibitions.
25    (a) A provider of a digital application distribution

 

 

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1platform for which cumulative downloads of software
2applications from the digital application distribution
3platform to Illinois users exceed 1,000,000 downloads in the
4previous or current calendar year may not do any of the
5following:
6        (1) Require a developer that is domiciled in this
7    State to use a particular in-application payment system as
8    the exclusive mode of accepting payments from a user to
9    download a software application or purchase a digital or
10    physical product or service through a software
11    application.
12        (2) Require use of a particular in-application payment
13    system for accepting payments from Illinois users to
14    download a software application or purchase a digital or
15    physical copy.
16        (3) Retaliate against a developer that is domiciled in
17    this State or an Illinois user for using an in-application
18    payment system or digital application distribution
19    platform that is not owned by, operated by, or affiliated
20    with the provider or retaliate against a developer for
21    that use to distribute applications to or accept payments
22    from Illinois users. Such prohibited acts of retaliation
23    shall include, but not be limited to, demoting the search
24    rankings of the developer or slowing down the application
25    review and approval timelines.
26    (b) This Act does not apply with respect to

 

 

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1special-purpose digital application distribution platforms.
2    (c) The Attorney General may receive complaints and
3investigate violations of this Act and may bring an action in
4any court of competent jurisdiction to obtain legal or
5equitable relief on behalf of a person aggrieved by the
6violation.
7    (d) Any person aggrieved by a violation of this Act may
8commence a civil action on the person's own behalf in any court
9of competent jurisdiction to obtain legal or equitable relief,
10including reasonable attorney fees and costs.
11    (e) An action may not be commenced under subsection (d)
12until 60 days after the plaintiff has given notice of the
13alleged violation to the Attorney General. An action may not
14be commenced under subsection (d) if the Attorney General has
15commenced and is diligently prosecuting an action in court
16arising from the same alleged violation.