Bill Text: IL HB5591 | 2023-2024 | 103rd General Assembly | Introduced


Bill Title: Creates the Bolstering Online Transparency Act. Provides that a person shall not use a bot to communicate or interact with another person in this State online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person makes a specified disclosure. Provides that the disclosure shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. Provides the Act does not impose a duty on service providers of online platforms, including, but not limited to, web hosting and Internet service providers. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act are severable. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective July 1, 2025.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5591 Detail]

Download: Illinois-2023-HB5591-Introduced.html

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5591

Introduced , by Rep. Hoan Huynh

SYNOPSIS AS INTRODUCED:
New Act
815 ILCS 505/2EEEE new

Creates the Bolstering Online Transparency Act. Provides that a person shall not use a bot to communicate or interact with another person in this State online, with the intent to mislead the other person about its artificial identity for the purpose of knowingly deceiving the person about the content of the communication in order to incentivize a purchase or sale of goods or services in a commercial transaction or to influence a vote in an election, unless the person makes a specified disclosure. Provides that the disclosure shall be clear, conspicuous, and reasonably designed to inform persons with whom the bot communicates or interacts that it is a bot. Provides the Act does not impose a duty on service providers of online platforms, including, but not limited to, web hosting and Internet service providers. Provides that a violation of any of the provisions of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Provides that the provisions of the Act are severable. Amends the Consumer Fraud and Deceptive Business Practices Act to make a conforming change. Effective July 1, 2025.
LRB103 38870 SPS 69007 b

A BILL FOR

HB5591LRB103 38870 SPS 69007 b
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
5Bolstering Online Transparency Act.
6 Section 5. Definitions. As used in this Act:
7 "Bot" means an automated online account where all or
8substantially all of the actions or posts of that account are
9not the result of a person.
10 "Online" means appearing on any public-facing Internet
11website, web application, or digital application, including a
12social network or publication.
13 "Online platform" means any public-facing Internet
14website, web application, or digital application, including a
15social network or publication, that has 10,000,000 or more
16unique monthly United States visitors or users for a majority
17of months during the preceding 12 months.
18 "Person" means a natural person, corporation, limited
19liability company, partnership, joint venture, association,
20estate, trust, government, governmental subdivision or agency,
21or other legal entity or any combination of those entities.
22 Section 10. Bot communication disclosure.

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1(a) A person shall not use a bot to communicate or interact
2with another person in this State online, with the intent to
3mislead the other person about its artificial identity for the
4purpose of knowingly deceiving the person about the content of
5the communication in order to incentivize a purchase or sale
6of goods or services in a commercial transaction or to
7influence a vote in an election. A person using a bot shall not
8be liable under this Section if the person makes a disclosure
9as described in subsection (b).
10 (b) The disclosure required by this Section shall be
11clear, conspicuous, and reasonably designed to inform persons
12with whom the bot communicates or interacts that it is a bot.
13 Section 15. Scope.
14 (a) The duties and obligations imposed by this Act are
15cumulative with any other duties or obligation imposed by any
16other law.
17 (b) This Act does not impose a duty on service providers of
18online platforms, including, but not limited to, web hosting
19and Internet service providers.
20 Section 20. Enforcement by Attorney General. A violation
21of any of the provisions of this Act is an unlawful practice
22under the Consumer Fraud and Deceptive Business Practices Act.
23All remedies, penalties, and authority granted to the Attorney
24General by that Act shall be available to him or her for the

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1enforcement of this Act.
2 Section 25. Severability. The provisions of this Act are
3severable. If any provision of this Act or its application is
4held invalid, that invalidity shall not affect other
5provisions or applications that can be given effect without
6the invalid provision or application.
7 Section 90. The Consumer Fraud and Deceptive Business
8Practices Act is amended by adding Section 2EEEE as follows:
9 (815 ILCS 505/2EEEE new)
10 Sec. 2EEEE. Bolstering Online Transparency Act. A person
11who violates the Bolstering Online Transparency Act commits an
12unlawful practice within the meaning of this Act.
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