September 22, 2017
To the Honorable
The Illinois House of
I veto House Bill 3449 from the 100th General Assembly, which would add an
unnecessary and byzantine layer of state regulation to the use of most
electronic devices by mandating additional prohibitions and penalties.
of consumer privacy is an important goal that I fully support, but this
legislation only serves to make things unnecessarily complicated where federal
privacy regulations are the proper format for uniform and consistent consumer
protections across the country.
Federal Trade Commission (FTC) already has the broad powers granted to it in
Federal Statute 15 U.S.C. §§46 (a) to protect various aspects of consumer
privacy in a uniform manner across the United States, and the commerce clause
in the Constitution assigns the power to regulate interstate commerce to the
U.S. Congress. If further privacy legislation is required, it should be enacted
by the U.S. House and U.S. Senate. In addition to federal legal protections, consumers
already have full control of geolocation data capture in their device settings through
most operating systems, or by limiting access within specific applications they
choose to utilize on their devices. Consumers also have the freedom to demand
software products with more protective terms and End User License Agreements.
the degree that there is company abuse of these laws and policies, such as
tracking people without their consent or hiding collection and disclosure
practices, the solution is not yet another layer of state government rules and
bureaucracy, but instead the enforcement by the Federal Trade Commission of
existing laws or enforcement of existing policies by creators and distributors
of digital applications.
bill would result in job loss across the state without materially improving
privacy protections for Illinoisans or making devices and their apps safer for
children. The addition of this policy to Illinois’ existing burden of red tape will
hurt Illinois’ growing reputation as a destination for innovation-based job
pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I
hereby return House Bill 3449 entitled “AN ACT concerning business”, with the
foregoing objections, vetoed in its entirety.