Bill Text: IL SB2082 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Keep Internet Devices Safe Act. Includes a statement of legislative intent and defines terms. Provides that a private entity may turn on or enable, cause to be turned on or enabled, or otherwise use a digital device's microphone to listen for or collect information, including spoken words or other audible or inaudible sounds, if the private entity makes specified disclosures in its customer agreement or other incorporated addendum. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning an Illinois resident shall implement and maintain reasonable security measures to protect that information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Adds provisions governing waiver, applicability, and exceptions. Provides that a violation of the Keep Internet Devices Safe Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-02-26 - Referred to Assignments [SB2082 Detail]

Download: Illinois-2021-SB2082-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 SB2082 Introduced 2/26/2021, by Sen. Cristina Castro SYNOPSIS AS INTRODUCED:
New Act
Creates the Keep Internet Devices Safe Act. Includes a statement of legislative intent and defines terms. Provides that a private entity may turn on or enable, cause to be turned on or enabled, or otherwise use a digital device's microphone to listen for or collect information, including spoken words or other audible or inaudible sounds, if the private entity makes specified disclosures in its customer agreement or other incorporated addendum. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning an Illinois resident shall implement and maintain reasonable security measures to protect that information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Adds provisions governing waiver, applicability, and exceptions. Provides that a violation of the Keep Internet Devices Safe Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.
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A BILL FOR
SB2082 LRB102 12551 JLS 17889 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Keep
Internet Devices Safe Act.
Section 5. Findings; intent. The General Assembly finds
the following:
(1) An increasing number of everyday household
devices, such as smartphones, televisions, cars, toys, and
home appliances, are being enhanced by speech recognition
and other technologies that use microphones to listen for
environmental triggers. As a result, private companies are
gaining unprecedented and near constant access to Illinois
citizens and their families' private lives, including what
they do in their homes and their daily habits.
(2) While there are tremendous benefits from these
technologies, the collection of personal information from
Internet-connected devices pose serious privacy and
physical safety risks to Illinois citizens and children.
Children's toys now have microphones that can record and
collect personal information from conversations within
earshot of the device.
(3) The increasing prevalence of these technologies in

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everyday devices enables companies to collect, store,
analyze, and share increasing amounts of personal data,
often without Illinois families ever knowing. Illinois
citizens have a right to their personal data, and the
public welfare, security, and safety will be served by
requiring companies to be transparent about their data
collection and sharing practices.
(4) It is the public policy of the State of Illinois to
ensure that Illinois citizens be aware of and have control
over whether a private entity records, collects, stores,
or discloses their personal information and to ensure that
their personal information is maintained in a secure
manner.
Section 10. Definitions. In this Act:
"Digital device" means a smartphone, tablet, television,
computer, car, toy, home appliance, or any other device that
may be used for personal, family, or household purposes that
contains a microphone.
"Microphone" means an instrument capable of listening for,
collecting, recording, analyzing, transmitting, interpreting,
or otherwise using spoken words or other audible or inaudible
sounds.
"Private entity" means any partnership, corporation,
limited liability company, association, organization or other
group, regardless of organizational structure, or any agent

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thereof. "Private entity" does not include a State or local
governmental agency.
"Person" means a resident of this State who purchases or
leases a digital device for personal or household use.
Section 15. Collection, use, storage, or disclosure of
information from a digital device's microphone.
(a) No private entity may turn on or enable, cause to be
turned on or enabled, or otherwise use a digital device's
microphone to listen for or collect information, including
spoken words or other audible or inaudible sounds, unless the
private entity, in its customer agreement or other
incorporated addendum, states the following:
(1) that the digital device's microphone may be turned
on, enabled, or used;
(2) the commands or actions that may turn on or enable
the microphone;
(3) whether the microphone is listening for an audible
or inaudible sound, or both; and
(4) the general purpose for which the information may
be collected, used, stored, or disclosed.
(b) A manufacturer of a digital device that does not turn
on or enable, cause to be turned on or enabled, or otherwise
use a digital device's microphone to listen for or collect
information is not subject to this Section.

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Section 20. Security measures. A private entity that
collects, stores, or transmits any information collected
through a digital device's microphone concerning an Illinois
resident shall implement and maintain reasonable security
measures to protect that information from unauthorized access,
acquisition, destruction, use, modification, and disclosure.
Section 25. Violation. A violation of this Act constitutes
an unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act.
Section 30. General provisions.
(a) Any waiver of the provisions of this Act is void and
unenforceable.
(b) Any agreement created or modified after the effective
date of this Act that does not comply with this Act is void and
unenforceable.