Illinois · Through at least Public Act 104-790

325 ILCS 66/5: Definitions.

(This Section may contain text from a Public Act with a delayed effective date)
As used in this Act:
"Account holder" means an individual who is at least 18 years of age or a parent or legal guardian of a user who is under 18 years of age in this State. "Account holder" does not include a parent or legal guardian of an emancipated minor or a parent or legal guardian who is not associated with a user's device.
"Addictive feed" means a website, online service, online application, or mobile application, or a portion thereof, 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 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;
(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 part of the service provided by that website, online service, online application, or mobile application.
"Age bracket" means a user's age range, including, but not limited to, the following:
(1) whether a user is under 13 years of age;
(2) whether the user is at least 13 years of age and under 16 years of age;
(3) whether the user is at least 16 years of age and under 18 years of age; or
(4) whether the user is at least 18 years of age.
"Age bracket data" means non-personally identifiable data derived from a user's birth date or age for the purpose of sharing with covered operators that indicates the user's age bracket. "Age bracket data" includes a range of ages but does not indicate the exact age of the user.
"Application" means a software application that may be run or directed by a user on an Internet-enabled device.
"Application programming interface" means a system that allows 2 or more software systems to communicate and exchange information, features, and functionality.
"Application store" means a publicly available website, software application, online service, or platform that distributes and facilitates the download of applications from third-party developers to users of an Internet-enabled device.
"Content" means user-to-user text, audio, or an image or video upload.
"Covered manufacturer" means a manufacturer of an Internet-enabled device, an operating system provider, or an application store.
"Covered minor" means any user that a covered platform has actual knowledge, or should have known, based on knowledge fairly implied under objective circumstances, is under 18 years of age.
"Covered operator" means any person, business, or other legal entity that owns, maintains, or controls:
(1) a covered platform; or
(2) an addictive social media platform.
"Covered platform" means a public or semipublic website, online service, online application, or mobile application that:
(1) is used by a covered minor in this State; and
(2) is intended to connect and allow a user to socially interact within the website, service, or application and enables a user to:
(A) construct a public or semipublic profile for the purposes of signing into and using the service or application;
(B) populate a public list of other users with whom the user shares a social connection within the service or application; or
(C) create or post content that is viewable by other users, including content on message boards and in chat rooms, and that presents the user with content generated by other users.
"Covered platform" does not include a public or semipublic Internet-based service or application that:
(1) exclusively provides email or direct messaging services; and
(2) is used by and under the direction of an educational entity, including a learning management system or a student engagement program.
"Covered user" means a user of a covered platform who is a resident of this State.
"Direct messaging" means sending private one-on-one or group messages to other users that are separate from public posts.
"Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, 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.
"News media" means personnel of a newspaper or other periodical issued at regular intervals, whether in print or electronic format, a news service, whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.
"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.
"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 location 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.
"Verifiable parental consent" has the meaning set forth in the Children's Online Privacy Protection Act, 15 U.S.C. 6501(9), and its implementing regulations under 16 CFR 312.5.

Where this section sits in the code

CHAPTER 325 CHILDREN
Children's Online Social Media Safety Act.

(This Section may contain text from a Public Act with a delayed effective date)

As used in this Act:

"Account holder" means an individual who is at least 18 years of age or a parent or legal guardian of a user who is under 18 years of age in this State. "Account holder" does not include a parent or legal guardian of an emancipated minor or a parent or legal guardian who is not associated with a user's device.

"Addictive feed" means a website, online service, online application, or mobile application, or a portion thereof, 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 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;

(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 part of the service provided by that website, online service, online application, or mobile application.

"Age bracket" means a user's age range, including, but not limited to, the following:

(1) whether a user is under 13 years of age;

(2) whether the user is at least 13 years of age and under 16 years of age;

(3) whether the user is at least 16 years of age and under 18 years of age; or

(4) whether the user is at least 18 years of age.

"Age bracket data" means non-personally identifiable data derived from a user's birth date or age for the purpose of sharing with covered operators that indicates the user's age bracket. "Age bracket data" includes a range of ages but does not indicate the exact age of the user.

"Application" means a software application that may be run or directed by a user on an Internet-enabled device.

"Application programming interface" means a system that allows 2 or more software systems to communicate and exchange information, features, and functionality.

"Application store" means a publicly available website, software application, online service, or platform that distributes and facilitates the download of applications from third-party developers to users of an Internet-enabled device.

"Content" means user-to-user text, audio, or an image or video upload.

"Covered manufacturer" means a manufacturer of an Internet-enabled device, an operating system provider, or an application store.

"Covered minor" means any user that a covered platform has actual knowledge, or should have known, based on knowledge fairly implied under objective circumstances, is under 18 years of age.

"Covered operator" means any person, business, or other legal entity that owns, maintains, or controls:

(1) a covered platform; or

(2) an addictive social media platform.

"Covered platform" means a public or semipublic website, online service, online application, or mobile application that:

(1) is used by a covered minor in this State; and

(2) is intended to connect and allow a user to socially interact within the website, service, or application and enables a user to:

(A) construct a public or semipublic profile for the purposes of signing into and using the service or application;

(B) populate a public list of other users with whom the user shares a social connection within the service or application; or

(C) create or post content that is viewable by other users, including content on message boards and in chat rooms, and that presents the user with content generated by other users.

"Covered platform" does not include a public or semipublic Internet-based service or application that:

(1) exclusively provides email or direct messaging services; and

(2) is used by and under the direction of an educational entity, including a learning management system or a student engagement program.

"Covered user" means a user of a covered platform who is a resident of this State.

"Direct messaging" means sending private one-on-one or group messages to other users that are separate from public posts.

"Distribute" means to issue, sell, give, provide, deliver, transfer, transmit, 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.

"News media" means personnel of a newspaper or other periodical issued at regular intervals, whether in print or electronic format, a news service, whether in print or electronic format, a radio station, a television station, a television network, a community antenna television service, or a person or corporation engaged in making news reels or other motion picture news for public showing.

"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.

"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 location 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.

"Verifiable parental consent" has the meaning set forth in the Children's Online Privacy Protection Act, 15 U.S.C. 6501(9), and its implementing regulations under 16 CFR 312.5.

Collected 2026-09-15T04:46:33Z. Source file · JSON

Browse this collection