SB2273 101ST GENERAL ASSEMBLY

LRB101 13836 TAE 62695 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2273

Introduced 10/28/2019, by Sen. Cristina Castro

SYNOPSIS AS INTRODUCED:

New Act

Creates the Automatic Listening Exploitation Act. Defines terms. Provides that it is unlawful for a person who provides any smart service through a proprietary smart speaker to: (i) store or make a recording or transcript of any speech or sound captured by a smart speaker or to use any storage or recording or transcript of any voice interaction by a user with the voice-user interface, or (ii) transmit such a recording or transcript to a third party, for any purpose, without obtaining express informed consent and permitting the user to require the deletion of any recording, transcript, or sound recorded by the speaker at any time. Provides exemptions. Provides that it is unlawful for a person who provides any security monitoring or other service through a proprietary video doorbell to: (i) store or make a recording of any video, image, or audio captured by the video doorbell's camera, or (ii) use any storage recording of any video, image, or audio captured by the video doorbell's camera, or transmit such a recording to a third party. Provides exemptions. Provides that, if the Attorney General or a State's Attorney has reason to believe that any person has violated or is violating the Act, he or she may, in addition to any authority he or she may have to bring an action in State court under consumer protection law, bring a civil action in any court of competent jurisdiction to enjoin further violation by the defendant, enforce compliance with the Act, or obtain civil penalties not to exceed $40,000 per violation.

A BILL FOR

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 Automatic Listening Exploitation Act.

Section 5. Purpose. The purpose of this Act is to limit the use, recording, or transmission of any speech or sound captured by a smart speaker or any video or image captured by a video doorbell and to prohibit, as an unfair or deceptive act or practice, such use, recording, or transmission without the express consent of the consumer.

Section 10. Definitions. As used in this Act:

"Internet-enabled" means, with respect to an electronic device, that the device can connect to the Internet directly or through another device.

"Person" means any individual, partnership, corporation, trust, estate, cooperative, association, or other entity.

"Smart service" means any service provided to a consumer using a smart speaker, such as Internet content, streaming services, or virtual assistant services.

"Smart speaker" means an Internet-enabled electronic device that can be controlled through a voice-user interface that provides a smart service to a user.

"User" means: (a) an individual who uses or interacts with a smart speaker using spoken or other commands; or (b) an individual who is provided images or audio captured by, or the ability to interact with, a video doorbell through the user's smartphone, tablet computer, or similar Internet-enabled mobile device.

"Video doorbell" means an Internet-enabled doorbell, equipped with a camera or microphone, or both, that: (a) notifies the smartphone, computer, or similar Internet-enabled mobile device of a user when a guest arrives at the entrance of the door; (b) is activated when the guest presses the button of the doorbell, or alternatively, when the doorbell senses a guest with its built-in monition sensors or is activated remotely by the user of the doorbell through the user's smartphone, computer, or similar Internet-enabled mobile device; and (c) allows the user using the smartphone, computer, or other Internet-enabled device to watch and talk with the guest by using the doorbell's built-in camera and microphone.

"Voice-user interface" means a speech recognition technology that understands spoken commands and questions to allow people to communicate with a computer or smart speaker.

"Wake word or phrase" means a spoken word or phrase that triggers the voice-user interface on a smart speaker to listen for user commands or queries.

Section 15. Prohibited conduct.

(a) It is unlawful for a person who provides any smart service through a proprietary smart speaker to:

(1) store or make a recording or transcript of any speech or sound captured by a smart speaker unless:

(A) the smart speaker is specifically activated to do so by detecting an audible wake word or phrase that is known to the user; and

(B) the smart speaker first makes an audible response or visual indication upon activation by such wake word or phrase; or

(2) use any storage or recording or transcript of any voice interaction by a user with the voice-user interface, or transmit such a recording or transcript to a third party, for any purpose:

(A) other than to:

(i) process a request and provide the service the user is requesting;

(ii) improve the speech recognition and natural language understanding of the voice-user interface; or

(iii) help the voice-user interface to adapt to speech patterns, vocabulary, and personal preferences; and

(B) without:

(i) first providing to the user of the smart speaker when the speaker is first set up for use a clear and conspicuous notice, set off from other text in any user agreement, of the specific purpose or purposes described in subparagraph (A);

(ii) first obtaining the express consent of the user for each specific purpose; and

(iii) permitting the user of the smart speaker to require the deletion of any recording or transcript of any speech or sound captured by a smart speaker of such user at any time.

(b) It is unlawful for a person who provides any security monitoring or other service through a proprietary video doorbell to:

(1) store or make a recording of any video, image, or audio captured by the video doorbell's camera unless:

(A) the video doorbell is specifically activated to do so when an individual presses the button of the doorbell, or alternatively, when the doorbell senses an individual at the doorstep with its built-in motion sensors or is activated remotely by the user of the doorbell through the user's smartphone, computer, or similar internet-enabled mobile device; and

(B) the video or image is provided to the user of the video doorbell at the time the video or image is captured; or

(2) use any storage recording of any video, image, or audio captured by the video doorbell's camera, or transmit such a recording to a third party:

(A) for any purpose other than to provide the video, image, or audio to the user of the video doorbell or to allow the user using a smartphone, computer, or other internet-enabled device to watch and talk with a guest at the door by using the doorbell's built-in camera and microphone;

(B) without:

(i) first providing to the user of the video doorbell when the video doorbell is first set up for use a clear and conspicuous notice, set off from other text in any user agreement, of the specific purpose or purposes described in subparagraph (A);

(ii) first obtaining the express consent of the use for each specific purpose; and

(iii) permitting the user of the video doorbell to require the deletion of any recording of any video or image captured by the video doorbell's camera of the user at any time.

Section 20. Enforcement. If the Attorney General or a State's Attorney has reason to believe that any person has violated or is violating this Act, he or she may, in addition to any authority he or she may have to bring an action in State court under consumer protection law, bring a civil action in any court of competent jurisdiction to:

(1) enjoin further violation by the defendant;

(2) enforce compliance with this Act; or

(3) obtain civil penalties not to exceed $40,000 per violation.