Bill Text: IL HB3438 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Keep Internet Devices Safe Act. Provides that 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 a consumer agreement or privacy notice meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning a registered account holder shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Provides that the Attorney General shall have exclusive authority to enforce the Act. Provides that any waiver of the provisions of the Act is void and unenforceable. Defines terms.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-02-17 - Referred to Rules Committee [HB3438 Detail]

Download: Illinois-2023-HB3438-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3438 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
New Act
Creates the Keep Internet Devices Safe Act. Provides that 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 a consumer agreement or privacy notice meeting specified criteria. Provides that a private entity that collects, stores, or transmits any information collected through a digital device's microphone concerning a registered account holder shall implement and maintain reasonable security measures to protect such information from unauthorized access, acquisition, destruction, use, modification, and disclosure. Provides that the Attorney General shall have exclusive authority to enforce the Act. Provides that any waiver of the provisions of the Act is void and unenforceable. Defines terms.
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A BILL FOR
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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,
limited 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

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holder:
(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

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under the Code of Civil Procedure.
Section 25. Waiver void. Any waiver of the provisions of
this Act is void and unenforceable.