103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3438

 

Introduced 2/17/2023, by Rep. Joe C. Sosnowski

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Keep Internet Devices Safe Act. Provides that no private entity may turn on or enable a digital device's microphone unless the registered account holder or another user that is setting up or configuring the device first agrees to a consumer agreement or privacy notice meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning a registered account holder shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Provides that the Attorney General shall have exclusive authority to enforce the Act. Provides that any waiver of the provisions of the Act is void and unenforceable. Defines terms.


LRB103 26874 SPS 53238 b

 

 

A BILL FOR

 

HB3438LRB103 26874 SPS 53238 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. Definitions. In this Act:
7    "Digital device" means an Internet-connected device that
8contains a microphone, such as a smartphone, tablet,
9television, computer, car, toy, or home appliance.
10    "Microphone" means an instrument capable of detecting
11sound waves.
12    "Private entity" means any partnership, corporation,
13limited liability company, association, organization, or other
14group, regardless of organizational structure, or any agent
15thereof. "Private entity" does not include a State or local
16government agency.
 
17    Section 10. Use of a digital device's microphone.
18    (a) No private entity may turn on or enable a digital
19device's microphone unless the registered account holder or
20another user that is setting up or configuring the device
21first agrees to the following information in a consumer
22agreement or privacy notice notifying the registered account

 

 

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1holder:
2        (1) that the microphone in the digital device will be
3    turned on or enabled;
4        (2) what command or action will turn on or enable the
5    microphone;
6        (3) the categories of sounds the microphone will be
7    listening for, recording, or disclosing; and
8        (4) the categories of third parties to which the
9    sounds may be disclosed.
10    (b) The manufacturer of a digital device that does not
11cause to be turned on or otherwise use a digital device's
12microphone is not subject to this Section.
 
13    Section 15. Security measures. A private entity that
14records and transmits any personally identifiable information
15collected through the digital device's microphone concerning a
16registered account holder shall implement and maintain
17reasonable security measures to protect such personally
18identifiable information from unauthorized access,
19acquisition, destruction, use, modification, and disclosure.
 
20    Section 20. Enforcement. The Attorney General shall have
21exclusive authority to enforce this Act. Nothing in this Act
22shall be construed to modify, limit, or supersede the
23operation of any privacy or security provision in any other
24Illinois law or prevent a party from otherwise seeking relief

 

 

HB3438- 3 -LRB103 26874 SPS 53238 b

1under the Code of Civil Procedure.
 
2    Section 25. Waiver void. Any waiver of the provisions of
3this Act is void and unenforceable.