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.



LRB102 12551 JLS 17889 b


 
 
A BILL FOR
 


SB2082LRB102 12551 JLS 17889 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 Keep

5Internet Devices Safe Act.

6 Section 5. Findings; intent. The General
Assembly finds 
7the following:

8  (1) An increasing number of everyday household 
9 devices,
such as smartphones, televisions, cars, toys, and 
10 home
appliances, are being enhanced by speech recognition 
11 and other
technologies that use microphones to listen for 
12 environmental
triggers. As a result, private companies are 
13 gaining
unprecedented and near constant access to Illinois 
14 citizens and
their families' private lives, including what 
15 they do in their
homes and their daily habits.
16  (2) While there are tremendous benefits from these

17 technologies, the collection of personal information from

18 Internet-connected devices pose serious privacy and 
19 physical
safety risks to Illinois citizens and children. 
20 Children's toys
now have microphones that can record and 
21 collect personal
information from conversations within 
22 earshot of the device.
23  (3) The increasing prevalence of these technologies in

 
 
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1 everyday devices enables companies to collect, store, 
2 analyze, and share increasing amounts of personal data, 
3 often without
Illinois families ever knowing. Illinois 
4 citizens have a right
to their personal data, and the 
5 public welfare, security, and
safety will be served by 
6 requiring companies to be transparent
about their data 
7 collection and sharing practices.
8  (4) It is the public policy of the State of Illinois to

9 ensure that Illinois citizens be aware of and have control 
10 over
whether a private entity records, collects, stores, 
11 or
discloses their personal information and to ensure that 
12 their
personal information is maintained in a secure 
13 manner.

14 Section 10. Definitions. In this Act: 
15 "Digital device" means a smartphone, tablet, television, 
16computer, car, toy, home appliance, or any other device that 
17may be used for personal, family, or household purposes that 
18contains a microphone.
19 "Microphone" means an instrument capable of listening for, 
20collecting, recording, analyzing, transmitting, interpreting, 
21or otherwise using spoken words or other audible or inaudible 
22sounds.
23 "Private entity" means any partnership, corporation, 
24limited liability company, association, organization or other 
25group, regardless of organizational structure, or any agent 
 
 
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1thereof. "Private entity" does not include a State or local 
2governmental agency.
3 "Person" means a resident of this State who purchases or 
4leases a digital device for personal or household use.

5 Section 15. Collection, use, storage, or disclosure of 
6information from a digital device's microphone.
7 (a) No private entity may turn on or enable, cause to be 
8turned on or enabled, or otherwise use a digital device's 
9microphone to listen for or collect information, including 
10spoken words or other audible or inaudible sounds, unless the 
11private entity, in its customer agreement or other 
12incorporated addendum, states the following:
13  (1) that the digital device's microphone may be turned 
14 on, enabled, or used;
15  (2) the commands or actions that may turn on or enable 
16 the microphone;
17  (3) whether the microphone is listening for an audible 
18 or inaudible sound, or both; and
19  (4) the general purpose for which the information may 
20 be collected, used, stored, or disclosed.
21 (b) A manufacturer of a digital device that does not turn 
22on or enable, cause to be turned on or enabled, or otherwise 
23use a digital device's microphone to listen for or collect 
24information is not subject to this Section.

 
 
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1 Section 20. Security measures. A private entity that 
2collects, stores, or transmits any information collected 
3through a digital device's microphone concerning an Illinois 
4resident shall implement and maintain reasonable security 
5measures to protect that information from unauthorized access, 
6acquisition, destruction, use, modification, and disclosure.

7 Section 25. Violation. A violation of this Act constitutes 
8an unlawful practice under the Consumer Fraud and Deceptive 
9Business Practices Act.

10 Section 30. General provisions. 
11 (a) Any waiver of the provisions of this Act is void and 
12unenforceable.
13 (b) Any agreement created or modified after the effective 
14date of this Act that does not comply with this Act is void and 
15unenforceable.