Illinois-2021-SB2080-Introduced

102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2080

Introduced 2/26/2021, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

New Act

Creates the Automatic Listening Exploitation Act. Defines terms. Provides that it is unlawful for a person who provides any smart service through a proprietary smart speaker to: (i) store or make a recording or transcript of any speech or sound captured by a smart speaker or to use any storage or recording or transcript of any voice interaction by a user with the voice-user interface, or (ii) transmit such a recording or transcript to a third party, for any purpose, without obtaining express informed consent and permitting the user to require the deletion of any recording, transcript, or sound recorded by the speaker at any time. Provides exemptions. Provides that it is unlawful for a person who provides any security monitoring or other service through a proprietary video doorbell to: (i) store or make a recording of any video, image, or audio captured by the video doorbell's camera, or (ii) use any storage recording of any video, image, or audio captured by the video doorbell's camera, or transmit such a recording to a third party. Provides exemptions. Provides that, if the Attorney General or a State's Attorney has reason to believe that any person has violated or is violating the Act, he or she may, in addition to any authority he or she may have to bring an action in State court under consumer protection law, bring a civil action in any court of competent jurisdiction to enjoin further violation by the defendant, enforce compliance with the Act, or obtain civil penalties not to exceed $40,000 per violation.

LRB102 11765 JLS 17100 b

FISCAL NOTE ACT MAY APPLY

A BILL FOR

SB2080

LRB102 11765 JLS 17100 b

1 AN ACT concerning business.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 1. Short title. This Act may be cited as the

5 Automatic Listening Exploitation Act.

6 Section 5. Purpose. The purpose of this Act is to limit the

7 use, recording, or transmission of any speech or sound

8 captured by a smart speaker or any video or image captured by a

9 video doorbell and to prohibit, as an unfair or deceptive act

10 or practice, such use, recording, or transmission without the

11 express consent of the consumer.

12 Section 10. Definitions. As used in this Act:

13 "Internet-enabled" means, with respect to an electronic

14 device, that the device can connect to the Internet directly

15 or through another device.

16 "Person" means any individual, partnership, corporation,

17 trust, estate, cooperative, association, or other entity.

18 "Smart service" means any service provided to a consumer

19 using a smart speaker, such as Internet content, streaming

20 services, or virtual assistant services.

21 "Smart speaker" means an Internet-enabled electronic

22 device that can be controlled through a voice-user interface

SB2080

- 2 -

LRB102 11765 JLS 17100 b

1 that provides a smart service to a user.

2 "User" means: (a) an individual who uses or interacts with

3 a smart speaker using spoken or other commands; or (b) an

4 individual who is provided images or audio captured by, or the

5 ability to interact with, a video doorbell through the user's

6 smartphone, tablet computer, or similar Internet-enabled

7 mobile device.

8 "Video doorbell" means an Internet-enabled doorbell,

9 equipped with a camera or microphone, or both, that: (a)

10 notifies the smartphone, computer, or similar Internet-enabled

11 mobile device of a user when a guest arrives at the entrance of

12 the door; (b) is activated when the guest presses the button of

13 the doorbell, or alternatively, when the doorbell senses a

14 guest with its built-in monition sensors or is activated

15 remotely by the user of the doorbell through the user's

16 smartphone, computer, or similar Internet-enabled mobile

17 device; and (c) allows the user using the smartphone,

18 computer, or other Internet-enabled device to watch and talk

19 with the guest by using the doorbell's built-in camera and

20 microphone.

21 "Voice-user interface" means a speech recognition

22 technology that understands spoken commands and questions to

23 allow people to communicate with a computer or smart speaker.

24 "Wake word or phrase" means a spoken word or phrase that

25 triggers the voice-user interface on a smart speaker to listen

26 for user commands or queries.

SB2080

- 3 -

LRB102 11765 JLS 17100 b

1 Section 15. Prohibited conduct.

2 (a) It is unlawful for a person who provides any smart

3 service through a proprietary smart speaker to:

4 (1) store or make a recording or transcript of any

5 speech or sound captured by a smart speaker unless:

6 (A) the smart speaker is specifically activated to

7 do so by detecting an audible wake word or phrase that

8 is known to the user; and

9 (B) the smart speaker first makes an audible

10 response or visual indication upon activation by such

11 wake word or phrase; or

12 (2) use any storage or recording or transcript of any

13 voice interaction by a user with the voice-user interface,

14 or transmit such a recording or transcript to a third

15 party, for any purpose:

16 (A) other than to:

17 (i) process a request and provide the service

18 the user is requesting;

19 (ii) improve the speech recognition and

20 natural language understanding of the voice-user

21 interface; or

22 (iii) help the voice-user interface to adapt

23 to speech patterns, vocabulary, and personal

24 preferences; and

25 (B) without:

SB2080

- 4 -

LRB102 11765 JLS 17100 b

1 (i) first providing to the user of the smart

2 speaker when the speaker is first set up for use a

3 clear and conspicuous notice, set off from other

4 text in any user agreement, of the specific

5 purpose or purposes described in subparagraph (A);

6 (ii) first obtaining the express consent of

7 the user for each specific purpose; and

8 (iii) permitting the user of the smart speaker

9 to require the deletion of any recording or

10 transcript of any speech or sound captured by a

11 smart speaker of such user at any time.

12 (b) It is unlawful for a person who provides any security

13 monitoring or other service through a proprietary video

14 doorbell to:

15 (1) store or make a recording of any video, image, or

16 audio captured by the video doorbell's camera unless:

17 (A) the video doorbell is specifically activated

18 to do so when an individual presses the button of the

19 doorbell, or alternatively, when the doorbell senses

20 an individual at the doorstep with its built-in motion

21 sensors or is activated remotely by the user of the

22 doorbell through the user's smartphone, computer, or

23 similar internet-enabled mobile device; and

24 (B) the video or image is provided to the user of

25 the video doorbell at the time the video or image is

26 captured; or

SB2080

- 5 -

LRB102 11765 JLS 17100 b

1 (2) use any storage recording of any video, image, or

2 audio captured by the video doorbell's camera, or transmit

3 such a recording to a third party:

4 (A) for any purpose other than to provide the

5 video, image, or audio to the user of the video

6 doorbell or to allow the user using a smartphone,

7 computer, or other internet-enabled device to watch

8 and talk with a guest at the door by using the

9 doorbell's built-in camera and microphone;

10 (B) without:

11 (i) first providing to the user of the video

12 doorbell when the video doorbell is first set up

13 for use a clear and conspicuous notice, set off

14 from other text in any user agreement, of the

15 specific purpose or purposes described in

16 subparagraph (A);

17 (ii) first obtaining the express consent of

18 the use for each specific purpose; and

19 (iii) permitting the user of the video

20 doorbell to require the deletion of any recording

21 of any video or image captured by the video

22 doorbell's camera of the user at any time.

23 Section 20. Enforcement. If the Attorney General or a

24 State's Attorney has reason to believe that any person has

25 violated or is violating this Act, he or she may, in addition

SB2080

- 6 -

LRB102 11765 JLS 17100 b

1 to any authority he or she may have to bring an action in State

2 court under consumer protection law, bring a civil action in

3 any court of competent jurisdiction to:

4 (1) enjoin further violation by the defendant;

5 (2) enforce compliance with this Act; or

6 (3) obtain civil penalties not to exceed $40,000 per

7 violation.