Bill Amendment: IL SB0575 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: CIVIL LAW-TECH
Status: 2019-01-09 - Session Sine Die [SB0575 Detail]
Download: Illinois-2017-SB0575-Senate_Amendment_001.html
Bill Title: CIVIL LAW-TECH
Status: 2019-01-09 - Session Sine Die [SB0575 Detail]
Download: Illinois-2017-SB0575-Senate_Amendment_001.html
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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 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.
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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.
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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.
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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.
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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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