Sen. Kwame Raoul
Filed: 5/15/2018
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1 | AMENDMENT TO SENATE BILL 575
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2 | AMENDMENT NO. ______. Amend Senate Bill 575 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the Keep | ||||||
5 | Internet Devices Safe Act.
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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 smart phones, 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 smart phone, 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 | "User" means a person who purchases, leases, or otherwise | ||||||
8 | uses a digital device. | ||||||
9 | Section 15. Collection, use, storage, or disclosure of | ||||||
10 | information from a digital device's microphone. No private | ||||||
11 | entity may turn on or enable, cause to be turned on or enabled, | ||||||
12 | or otherwise use a digital device's microphone to listen for or | ||||||
13 | collect information, including spoken words or other audible or | ||||||
14 | inaudible sounds, unless a user first agrees to a written | ||||||
15 | policy informing the user: | ||||||
16 | (1) that the microphone in his or her digital device | ||||||
17 | will be turned on, enabled, or used; | ||||||
18 | (2) how often the microphone will be turned on, | ||||||
19 | enabled, or used; | ||||||
20 | (3) of the categories of information, such as spoken | ||||||
21 | words or audible or inaudible sounds, the microphone will | ||||||
22 | be listening for, collecting, storing, and disclosing; and | ||||||
23 | (4) of the purpose for which the information will be | ||||||
24 | collected, used, stored, and disclosed. |
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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 such | ||||||
6 | information from unauthorized access, acquisition, | ||||||
7 | destruction, use, 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 such | ||||||
14 | information from unauthorized access, acquisition, | ||||||
15 | destruction, use, 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:
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3 | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
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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,
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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
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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.
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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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