Bill Text: IL SB1719 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Creates a Keep the Internet Devices Safe Act that is different from the introduced bill. Removes legislative findings and intent. Provides that a "digital device" is an Internet-connected device that contains a microphone. Provides that no private entity may turn on or enable a digital device's microphone unless the registered owner or person (instead of user of the device) configuring the device is provided certain notices in a consumer agreement (instead of a written policy). Provides that a manufacturer of a digital device that does not cause to be turned on or otherwise use a digital device's microphone is not subject to the restrictions on the use of a digital device's microphone. Deletes provisions regarding violations of the Consumer Fraud and Deceptive Business Practices Act. Provides that the exclusive authority to enforce the Act is vested in the Attorney General.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB1719 Detail]

Download: Illinois-2019-SB1719-Engrossed.html

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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the Keep
Internet Devices Safe Act.
Section 5. Definitions. In this Act:
"Digital device" means an Internet-connected device that
contains a microphone, such as a smartphone, tablet,
television, computer, car, toy, or home appliance.
"Microphone" means an instrument capable of detecting
sound waves.
"Private entity" means any partnership, corporation,
liability company, association, organization or other group,
regardless of organizational structure, or any agent thereof.
"Private entity" does not include a state or local government
agency.
Section 10. Use of a digital device's microphone.
(a) 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 the following information in a consumer agreement or
privacy notice notifying the registered account holder:

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

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Section 25. Waiver void. Any waiver of the provisions of
this Act is void and unenforceable.