Bill Amendment: IL SB0319 | 2025-2026 | 104th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: BUSINESS-TECH

Status: 2026-06-01 - Rule 3-9(a) / Re-referred to Assignments [SB0319 Detail]

Download: Illinois-2025-SB0319-Senate_Amendment_001.html

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Sen. Willie Preston

Filed: 5/19/2026

 

 

 

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AMENDMENT TO SENATE BILL 319
AMENDMENT NO. ______. Amend Senate Bill 319 by replacing
everything after the enacting clause with the following:
"Section 1. Short title. This Act may be cited as the
Children's Online Safety Act.
Section 5. Definitions. As used in this Act:
"Addictive feed" means a website, online service, online
application, or mobile application, or a portion thereof, as a
significant part of the services offered, in which multiple
pieces of media generated or shared by users of a website,
online service, online application, or mobile application,
either concurrently or sequentially, are recommended,
selected, or prioritized for display to a user based, in whole
or in part, on information associated with the user or the
user's device, unless any of the following conditions are met:
(1) the recommendation, prioritization, or selection

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is based on information that is not persistently
associated with the user's device and does not concern the
user's previous interactions with media generated or
shared by other users;
(2) the recommendation, prioritization, or selection
is based on data controlled by user-selected privacy or
accessibility settings or technical information concerning
the user's device;
(3) the user expressly and unambiguously requested the
specific media, media by the author, creator, or poster of
media the user has subscribed to, or media shared by users
to a page or group the user has subscribed to, provided
that the media is not recommended, selected, or
prioritized for display based, in whole or in part, on
other information that is not permissible under this
definition;
(4) the user expressly and unambiguously requested the
specific media by a specific author, creator, or poster of
media the user has subscribed to, or media shared by users
to a page or group the user has subscribed to as described
by paragraph (3), be blocked, prioritized, or
deprioritized for display, provided that the media is not
recommended, selected, or prioritized based, in whole or
in part, on other information associated with the user or
the user's device that is not permissible under this
definition;

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(5) the media is direct and private communication
between users;
(6) the media is recommended, selected, or prioritized
only in response to a specific search inquiry by the user;
(7) the media that is recommended, selected, or
prioritized for display is exclusively next in a
preexisting sequence from the same author, creator,
poster, or source; or
(8) the recommendation, prioritization, or selection
is necessary to comply with the provisions of this Act.
"Addictive social media platform" means a covered platform
that offers users or provides users with an addictive feed as a
significant part of the service provided by that website,
online service, online application, or mobile application.
"Age assurance" encompasses a range of methods used to
determine, estimate, or communicate the age or age bracket of
a user.
"Application" means a software application that may be run
or directed by a user on an Internet-enabled device.
"Content" means user-to-user text or an image or video
upload.
"Covered minor" means a user of an Internet-enabled device
who an account holder has indicated to be under the age of 18.
"Covered operator" means any person, business, or other
legal entity that owns, maintains, or controls:
(1) a covered platform;

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(2) an addictive social media platform; or
(3) a website, service, or application where a
substantial portion of the material on the website
constitutes material harmful to minors.
"Covered user" means a user of a covered platform who is a
resident of this State.
"Distribute" means to issue, sell, give, provide, deliver,
transfer, transmute, circulate, or disseminate by any means.
"Gifted currency" means a currency transfer between users
involving fiat currency or digital currency purchased with
fiat currency and used within a covered platform whether or
not it can be converted to money.
"Internet-enabled device" means a smartphone, tablet, or
personal laptop or desktop computer that provides cellular or
wireless connectivity, is capable of connecting to the
Internet, runs an operating system, and is capable of
downloading and running applications.
"Known adult" means any user that a covered platform has
actual knowledge, or should have known, based on knowledge
fairly implied under objective circumstances, is at least 18
years of age.
"Material harmful to minors" means material that satisfies
the following:
(1) material that the average person, applying
contemporary community standards, would find, taking the
material as a whole and with respect to minors, is

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designed to appeal to, or is designed to pander to, the
prurient interest;
(2) any of the following material that exploits, is
devoted to, or principally consists of descriptions of
actual, simulated, or animated displays or depictions of
any of the following, in a manner patently offensive with
respect to minors:
(A) pubic hair, anus, vulva, genitals, or a
nipple;
(B) touching, caressing, or fondling of nipples or
breasts, buttocks, anuses, or genitals; or
(C) sexual intercourse, masturbation, sodomy,
bestiality, oral copulation, flagellation, excretory
functions, exhibitions, or any other sexual act; and
(3) material, taken as a whole, that lacks serious
literary, artistic, political, or scientific value for
minors.
"Material harmful to minors" is material that is
pornographic in nature. "Material harmful to minors" does not
include material that provides sexual health education or
information regarding sexuality, gender, or reproductive
healthcare as that material has serious literary, artistic,
political, or scientific value for minors.
"Operating system" means the system software that manages
the hardware of an Internet-enabled device and allows programs
and applications to run on the device.

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"Operating system provider" means a commercial or
non-profit entity that controls the Internet-enabled device's
operating system, including the design, programming, or supply
of operating systems for the Internet-enabled devices.
"Parent" means a parent or legal guardian.
"Precise geolocation information" means information
derived from technology, including, but not limited to, global
positioning system level latitude and longitude coordinates or
other mechanisms, that directly identifies the specific within
a radius of 1,750 feet. "Precise geolocation information" does
not include the content of communications.
"Processor" means a person that processes personal data on
behalf of a covered operator or another processor.
"Publish" means to communicate or make information
available to another person or entity on a publicly available
website, online service, online application, or mobile
application.
"Substantial portion" means more than 33 1/3% of total
material on a website, online service, online application, or
mobile application is material harmful to minors.
Section 10. Age assurance requirements for material
harmful to minors.
(a) A covered operator of a website, service, or
application where a substantial portion of the material on the
website constitutes material harmful to minors shall employ

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age assurance methods from which it obtains actual knowledge
of whether each user who accesses the website, service, or
application is a covered minor.
(b) It shall be unlawful for a covered operator under this
Section to provide access to a website, service, or
application where a substantial portion of the material on the
website constitutes material harmful to minors unless the
covered operator has actual knowledge that the covered user is
not a covered minor.
Section 15. Age assurance requirements for covered
platforms or addictive social media platforms.
(a) A covered operator of a covered platform or addictive
social media platform shall not offer a website, online
service, online application, or mobile application in this
State unless it employs age assurance methods from which it
obtains actual knowledge of whether each user who accesses the
website, service, or application is a covered minor.
(b) For all users that the covered operator under this
Section has actual knowledge to be a covered minor, the
covered operator shall use the following settings by default:
(1) The covered operator shall not display the
existence of the covered minor's account on a covered
platform to any known adult user unless the covered minor
has expressly and unambiguously allowed a specific known
adult user to view the covered minor's account or has

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expressly and unambiguously chosen to make the covered
minor's account's existence public.
(2) The covered operator shall not display media
created or posted by the covered minor on a covered
platform to any known adult user unless the covered minor
has expressly and unambiguously allowed a specific known
adult user to view the covered minor's media or has
expressly and unambiguously chosen to make the covered
minor's media publicly available.
(3) The covered operator shall not permit any known
adult user to like, comment on, or otherwise provide
feedback on the covered minor's media on a covered
platform unless the covered minor has expressly and
unambiguously allowed a specific known adult user to do
so.
(4) The covered operator shall not permit direct
messaging on a covered platform between the covered minor
and any known adult user unless the covered minor has
expressly and unambiguously decided to allow direct
messaging with a specific known adult user.
(5) The precise geolocation information of the minor
shall not be shared with any user unless the minor has
expressly and unambiguously chosen to share the covered
minor's location with the specific user.
(6) No user may receive or send gifted currency to the
minor unless the user is already connected to the covered

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minor.
(7) The covered operator shall disable search engine
indexing of the covered minor's account profile.
(c) A parent of a covered minor or a covered minor
determined by a covered operator to be over the age of 16 may
override the default privacy settings described in subsection
(b). A parent of a covered minor may override the default
privacy settings described in subsection (b) for a covered
minor under the age of 16. A covered operator shall not provide
a covered minor with a single setting that makes all the
default privacy settings less protective at once. A covered
operator shall not request or prompt a covered minor to make
the covered minor's privacy settings less protective, unless
the change is strictly necessary for the covered minor to
access a service or feature that they expressly and
unambiguously requested.
(d) For all users determined by a covered operator to be a
covered minor, the covered operator shall provide a mechanism
that enables a parent to set a monthly limit on all gifted
currency related to the covered minor's account. The covered
operator shall establish a mechanism by which a parent of a
covered minor may easily view a history of all gifted currency
related to the covered minor's account at any time.
(e) It shall be unlawful for a covered operator under this
Section to, between the hours of 10 p.m. and 7 a.m., send
notifications to a covered user unless:

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(1) the covered operator has actual knowledge that the
covered user is not a covered minor; or
(2) the covered operator has obtained verifiable
parental consent to send notifications during the time
restricted under this subsection.
(f) It shall be unlawful for a covered operator of an
addictive social media platform to provide an addictive feed
to a covered user unless:
(1) the covered operator of the addictive social media
platform has actual knowledge that the covered user is not
a covered minor; or
(2) the covered operator of the addictive social media
platform has obtained verifiable parental consent to
provide an addictive feed to a covered minor.
(g) It shall be unlawful for a covered operator of an
addictive social media platform to enable the automatic
playing of media to a covered minor by default.
(h) A covered operator of an addictive social media
platform may choose not to provide services to minors. A
covered operator of an addictive social media platform shall
not withhold, degrade, lower the quality, or increase the
price of any product, service, or feature, other than as
necessary for compliance with the provisions of this Act, to a
covered user solely because the covered operator of the
addictive social media platform is not permitted to provide an
addictive feed to the covered user under this Act.

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(i) All information collected from a minor for the purpose
of obtaining the verifiable parental consent required under
this Section shall not be used for any purpose other than
obtaining verifiable parental consent and shall be deleted
within a reasonable period after an attempt to obtain
verifiable parental consent, except where it is necessary for
compliance with any applicable provisions of State or federal
law.
(j) Nothing in this Section shall be construed as
requiring a covered operator to give a parent who grants
verifiable parental consent any additional or special access
to or control over the data or accounts of the parent's child.
(k) Nothing in this Section shall be construed to prohibit
a covered operator from instituting a privacy setting for
covered minors or other users that is more protective than
that required by this Section.
(l) Nothing in this Section shall be construed as
requiring a covered operator to remove any user-generated
content or preventing access to information regarding sex,
sexuality, gender, and reproductive health that is not already
prohibited by existing law.
(m) Nothing in this Section shall be construed as
preventing any actions taken in good faith to restrict access
to or availability of any media.
Section 20. Privacy protections for age assurance data.

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During the process of conducting age assurance, covered
operators shall:
(1) only collect personal data of a covered user that
is strictly necessary for determining a covered user's
age;
(2) immediately upon determining whether a covered
user is a covered minor, delete any personal data
collected of that covered user for age assurance, except
the determination of the covered user's age;
(3) not use any personal data of a covered user
collected for age assurance for any other purpose;
(4) not combine personal data of a covered user
collected for age assurance, except the determination of a
covered user's age, with any other personal data of the
user;
(5) not disclose personal data of a covered user
collected for age assurance to a third party that is not a
processor; and
(6) implement a review process to allow covered users
to appeal the age determination.
Section 25. Application.
(a) A covered operator that complies with the provisions
of this Act shall not be held liable for any inaccuracies in a
covered user's age.
(b) Nothing in this Act shall be construed to prohibit a

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covered operator the ability to prevent, detect, protect
against or respond to security incidents, identify theft,
fraud, harassment, malicious or deceptive activities or any
illegal activity targeted at or involving the developer or its
services, preserve the integrity or security of systems or
investigate, report or prosecute those responsible for any
such action.
(c) This Act does not apply to any bona fide news or public
interest broadcast, website, video, report, or event and shall
not be construed to affect the rights of any news-gathering
organization.
(d) This Act does not apply to a broadband Internet access
service provider, including any affiliate or subsidiary of the
provider. This Act does not create a private right of action or
cause of action to enforce any violation or alleged violation
of its provisions against a broadband Internet access service
provider, including any affiliate or subsidiary of the
provider, when the violation is alleged to be committed by
another entity using the provider's service. As used in this
subsection, "broadband Internet access service provider" has
the meaning set forth in 47 CFR 8.1.
Section 30. Enforcement.
(a) The Attorney General or the State's Attorney of any
county in this State may bring an action in the name of the
People of this State against any person to restrain and

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prevent any pattern or practice in violation of this Act.
(b) A violation of this Act constitutes an unlawful
practice under the Consumer Fraud and Deceptive Business
Practices Act. All remedies, penalties, and authority granted
to the Attorney General or the State's Attorney by the
Consumer Fraud and Deceptive Business Practices Act shall be
available to the Attorney General or the State's Attorney for
the enforcement of this Act.
(c) Any civil penalties collected from the enforcement of
this Act shall be deposited as follows: (1) if the Attorney
General commenced the action, any penalty shall be deposited
into the Attorney General Court Ordered and Voluntary
Compliance Payment Projects Fund; and (2) if a State's
Attorney commenced the action, any penalty shall be
distributed to the county and deposited into a special fund in
the county treasury and appropriated to the State's Attorney
for use in accordance with law.
(d) Nothing in this Act shall be construed to establish a
private right of action associated with violations of this
Act.
Section 35. The Consumer Fraud and Deceptive Business
Practices Act is amended by adding Section 2MMMM as follows:
(815 ILCS 505/2MMMM new)
Sec. 2MMMM. Violations of the Children's Online Safety

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Act. Any person that violates the Children's Online Safety Act
commits an unlawful practice within the meaning of this Act.
Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect January
1, 2027.".