Illinois General Assembly - Full Text of HB2880
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Full Text of HB2880  102nd General Assembly

HB2880ham001 102ND GENERAL ASSEMBLY

Rep. Deanne M. Mazzochi

Filed: 3/19/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2880

2    AMENDMENT NO. ______. Amend House Bill 2880 on page 1,
3line 5, by changing "Section 22" to "Sections 22, 23, and 24";
4and
 
5on page 8, by inserting immediately below line 15 the
6following:
 
7    "(815 ILCS 530/23 new)
8    Sec. 23. Deplatforming of individuals and entities. It is
9a separate act of unfair competition for a third-party
10platform that has accessed digital assets of an individual or
11entity to deplatform or threaten to deplatform an individual
12or entity, absent notice and a one-year period within which to
13transit to another third-party platform site. If no other
14comparable third-party platform sites are available, the
15third-party platform shall continue to host the individual or
16entity on the same terms offered to comparable individuals or

 

 

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1entities.
 
2    (815 ILCS 530/24 new)
3    Sec. 24. Denial of access to in-application payment
4systems.
5    (a) As used in this Section:
6    "Developer" means a creator of a software application made
7available for download by a user through a digital application
8distribution platform or other digital distribution platform.
9    "Digital application distribution platform" means a
10digital distribution platform for applications and services
11provided to a user on general-purpose hardware, including a
12mobile phone, smartphone, tablet, personal computer, and other
13general-purpose devices connected to the Internet.
14    "In-application payment system" means an application,
15service, or user interface used to process a payment from a
16user to a developer for a software application and digital and
17physical product distributed through a software application.
18    "Special-purpose digital application distribution
19platform" means a digital distribution platform for single or
20specialized categories of applications, software, and services
21provided to a user on special-purpose hardware, including a
22gaming console, music player, and other special-purpose
23devices connected to the Internet.
24    (b) A proprietor of a digital application distribution
25platform for which cumulative gross receipts from sales on the

 

 

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1digital application distribution platform to residents of this
2State exceed $10,000,000 in the previous or current calendar
3year or for which cumulative downloads of software
4applications from the digital application distribution
5platform to Illinois users exceed 1,000,000 downloads in the
6previous or current calendar year may not:
7        (1) Require a developer that is domiciled in this
8    State or which has a regular place of business in this
9    State to use a digital application distribution platform
10    or digital transaction platform as the exclusive mode of
11    distributing a digital product.
12        (2) Require a developer to use an in-application
13    payment system as the exclusive mode of accepting payment
14    from an Illinois user to download a software application
15    or purchase a digital or physical product through a
16    software application.
17        (3) Require a developer to share any digital assets as
18    defined in this Act as a condition of securing access to
19    the in-application payment system.
20        (4) Retaliate against a developer in Illinois for
21    choosing to use an alternative application store or
22    in-application payment system, or for refusing to share
23    any digital assets of an Illinois resident as a condition
24    of securing access to the in-application payment system,
25    provided that access with access or seeking access has
26    misused digital assets in a manner prohibited by this Act

 

 

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1    within a period of 2 years prior to the date upon which
2    access is sought or the date on which a payment was
3    processed within the in-application system.
4    (c) An agreement that violates this Section is
5unenforceable.
6    (d) This Section does not apply to a proprietor of a
7special-purpose digital application distribution platform.
8    (e) A developer aggrieved by a violation of this Section
9may bring an action to obtain legal or equitable relief in any
10court having jurisdiction. If neither party is a resident in
11the State of Illinois, Sangamon County shall be designated as
12an appropriate venue in which to bring the action. If the
13dispute in question exceeds $1,000,000, a court may secure the
14services of a special master to assist with technological
15disputes associated with the case and expend not more than
16$100,000 for that purpose, provided that the parties agree to
17equally share the costs of the special master and each party is
18permitted to provide input into the selection of the special
19master.".