Full Text of SB0575 100th General Assembly
SB0575sam001 100TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 4/20/2018
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| 1 | | AMENDMENT TO SENATE BILL 575
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 575 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the Keep | 5 | | Internet Devices Safe Act.
| 6 | | Section 5. Legislative findings; intent. The General | 7 | | Assembly finds the following: | 8 | | (a) An increasing number of everyday household devices, | 9 | | such as smartphones, televisions, cars, toys, and home | 10 | | appliances, are being enhanced by speech recognition and other | 11 | | technologies that use microphones to listen for environmental | 12 | | triggers. As a result, private companies are gaining | 13 | | unprecedented and near constant access to Illinois citizens and | 14 | | their families' private lives, including what they do in their | 15 | | homes and their daily habits. | 16 | | (b) While there are tremendous benefits from these |
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| 1 | | technologies, the collection of personal information from | 2 | | Internet connected devices pose serious privacy and physical | 3 | | safety risks to Illinois citizens and children. Children's toys | 4 | | now have microphones that can record and collect personal | 5 | | information from conversations within earshot of the device. | 6 | | (c) The increasing prevalence of these technologies in | 7 | | everyday devices enables companies to collect, store, analyze, | 8 | | and share increasing amounts of personal data, often without | 9 | | Illinois families ever knowing. Illinois citizens have a right | 10 | | to their personal data and the public welfare, security, and | 11 | | safety will be served by requiring companies to be transparent | 12 | | about their data collection and sharing practices. | 13 | | (d) It is the public policy of the State of Illinois to | 14 | | ensure that Illinois citizens be aware of and have control over | 15 | | whether a private entity records, collects, stores, or | 16 | | discloses their personal information and to ensure that their | 17 | | personal information is maintained in a secure manner. | 18 | | Section 10. Definitions. In this Act: | 19 | | "Digital device" means a smartphone, tablet, television, | 20 | | computer, car, toy, home appliance, or any other device that | 21 | | may be used for personal, family, or household purposes that | 22 | | contains a microphone. | 23 | | "Microphone" means an instrument capable of listening for, | 24 | | collecting, recording, storing, analyzing, transmitting, | 25 | | interpreting, or otherwise using spoken words or other audible |
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| 1 | | or inaudible sounds. | 2 | | "Private entity" means any partnership, corporation, | 3 | | limited liability company, association, organization or other | 4 | | group, regardless of organizational structure, or any agent | 5 | | thereof. "Private entity" does not include a state or local | 6 | | government agency. | 7 | | "Minor" means a person who is between the ages of 13 and 17 | 8 | | years old. | 9 | | "User" means a person who purchases, leases, or otherwise | 10 | | uses a digital device. | 11 | | "Verifiable parental consent" means any reasonable effort | 12 | | (taking into consideration available technology), including a | 13 | | request for authorization for future collection, use, and | 14 | | disclosure described in the notice, to ensure that a parent of | 15 | | a minor receives notice of the private entity's personal | 16 | | information collection, use, and disclosure practices, and | 17 | | authorizes the collection, use, and disclosure, as applicable, | 18 | | of personal information and the subsequent use of that | 19 | | information before that information is collected from that | 20 | | minor. | 21 | | Section 15. Collection, use, storage, or disclosure of | 22 | | information from a digital device's microphone. | 23 | | (a) No private entity may turn on or enable, cause to be | 24 | | turned on or enabled, or otherwise use a digital device's | 25 | | microphone to listen for or collect information, including |
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| 1 | | spoken words or other audible or inaudible sounds, unless a | 2 | | user first agrees to a written policy, made available to the | 3 | | public, informing the user: | 4 | | (1) that the microphone in his or her digital device | 5 | | will be turned on, enabled, or used; | 6 | | (2) of the frequency and length of time the microphone | 7 | | will be turned on, enabled, or used; | 8 | | (3) of the specific categories of information, such as | 9 | | spoken words or audible or inaudible sounds, the microphone | 10 | | will be listening for, collecting, storing, and | 11 | | disclosing; and | 12 | | (4) of the specific purpose for which the information | 13 | | will be collected, used, stored, and disclosed. | 14 | | (b) In addition to any other requirement under this | 15 | | Section, no private entity may turn on or enable, cause to be | 16 | | turned on or enabled, or otherwise use a digital device's | 17 | | microphone to knowingly listen for or collect information about | 18 | | a minor, including spoken words or other audible or inaudible | 19 | | sounds, unless the private entity first obtains verifiable | 20 | | parental consent. | 21 | | (c) A private entity need not obtain a user's affirmative | 22 | | express consent after initial consent as described in | 23 | | subsection (a) has been properly obtained, unless the terms | 24 | | previously agreed to under paragraph (1), (2), (3), or (4) of | 25 | | subsection (a) are materially changed. |
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| 1 | | Section 20. Security measures. | 2 | | (a) A private entity that collects, stores, or transmits | 3 | | any information collected through a digital device's | 4 | | microphone concerning an Illinois resident shall implement and | 5 | | maintain reasonable security measures to protect those records | 6 | | from unauthorized access, acquisition, destruction, use, | 7 | | modification, and disclosure. | 8 | | (b) A contract for the disclosure of information collected | 9 | | through a digital device's microphone concerning an Illinois | 10 | | resident that is maintained by a private entity subject to this | 11 | | Act must include a provision requiring the person or private | 12 | | entity to whom the information is disclosed to implement and | 13 | | maintain reasonable security measures to protect those records | 14 | | from unauthorized access, acquisition, destruction, use, | 15 | | modification, or disclosure. | 16 | | Section 25. Unlawful practice. A violation of this Act | 17 | | constitutes an unlawful practice under the Consumer Fraud and | 18 | | Deceptive Business Practices Act. | 19 | | Section 30. General provisions. | 20 | | (a) Any waiver of the provisions of this Act is void and | 21 | | unenforceable. | 22 | | (b) Any agreement created or modified after the effective | 23 | | date of this Act that does not comply with this Act is void and | 24 | | unenforceable. |
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| 1 | | Section 35. The Consumer Fraud and Deceptive Business | 2 | | Practices Act is amended by changing Section 2Z as follows:
| 3 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 4 | | Sec. 2Z. Violations of other Acts. Any person who knowingly | 5 | | violates
the Automotive Repair Act, the Automotive Collision | 6 | | Repair Act,
the Home Repair and Remodeling Act,
the Dance | 7 | | Studio Act,
the Physical Fitness Services Act,
the Hearing | 8 | | Instrument Consumer Protection Act,
the Illinois Union Label | 9 | | Act, the Installment Sales Contract Act,
the Job Referral and | 10 | | Job Listing Services Consumer Protection Act,
the Travel | 11 | | Promotion Consumer Protection Act,
the Credit Services | 12 | | Organizations Act,
the Automatic Telephone Dialers Act,
the | 13 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone | 14 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| 15 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe and | 16 | | Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales Act,
the | 17 | | High Risk Home Loan Act, the Payday Loan Reform Act, the | 18 | | Mortgage Rescue Fraud Act, subsection (a) or (b) of Section | 19 | | 3-10 of the
Cigarette Tax Act, subsection
(a) or (b) of Section | 20 | | 3-10 of the Cigarette Use Tax Act, the Electronic
Mail Act, the | 21 | | Internet Caller Identification Act, paragraph (6)
of
| 22 | | subsection (k) of Section 6-305 of the Illinois Vehicle Code, | 23 | | Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, | 24 | | or 18d-153 of the Illinois Vehicle Code, Article 3 of the |
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| 1 | | Residential Real Property Disclosure Act, the Automatic | 2 | | Contract Renewal Act, the Reverse Mortgage Act, Section 25 of | 3 | | the Youth Mental Health Protection Act, the Personal | 4 | | Information Protection Act, or the Student Online Personal | 5 | | Protection Act , or the Keep Internet Devices Safe Act commits | 6 | | an unlawful practice within the meaning of this Act.
| 7 | | (Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642, | 8 | | eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 9 | | revised 10-6-17.)".
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