Illinois General Assembly - Full Text of SB2080
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Full Text of SB2080  102nd General Assembly

SB2080 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2080

 

Introduced 2/26/2021, 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.


LRB102 11765 JLS 17100 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2080LRB102 11765 JLS 17100 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Automatic Listening Exploitation Act.
 
6    Section 5. Purpose. The purpose of this Act is to limit the
7use, recording, or transmission of any speech or sound
8captured by a smart speaker or any video or image captured by a
9video doorbell and to prohibit, as an unfair or deceptive act
10or practice, such use, recording, or transmission without the
11express consent of the consumer.
 
12    Section 10. Definitions. As used in this Act:
13    "Internet-enabled" means, with respect to an electronic
14device, that the device can connect to the Internet directly
15or through another device.
16    "Person" means any individual, partnership, corporation,
17trust, estate, cooperative, association, or other entity.
18    "Smart service" means any service provided to a consumer
19using a smart speaker, such as Internet content, streaming
20services, or virtual assistant services.
21    "Smart speaker" means an Internet-enabled electronic
22device that can be controlled through a voice-user interface

 

 

SB2080- 2 -LRB102 11765 JLS 17100 b

1that provides a smart service to a user.
2    "User" means: (a) an individual who uses or interacts with
3a smart speaker using spoken or other commands; or (b) an
4individual who is provided images or audio captured by, or the
5ability to interact with, a video doorbell through the user's
6smartphone, tablet computer, or similar Internet-enabled
7mobile device.
8    "Video doorbell" means an Internet-enabled doorbell,
9equipped with a camera or microphone, or both, that: (a)
10notifies the smartphone, computer, or similar Internet-enabled
11mobile device of a user when a guest arrives at the entrance of
12the door; (b) is activated when the guest presses the button of
13the doorbell, or alternatively, when the doorbell senses a
14guest with its built-in monition sensors or is activated
15remotely by the user of the doorbell through the user's
16smartphone, computer, or similar Internet-enabled mobile
17device; and (c) allows the user using the smartphone,
18computer, or other Internet-enabled device to watch and talk
19with the guest by using the doorbell's built-in camera and
20microphone.
21    "Voice-user interface" means a speech recognition
22technology that understands spoken commands and questions to
23allow people to communicate with a computer or smart speaker.
24    "Wake word or phrase" means a spoken word or phrase that
25triggers the voice-user interface on a smart speaker to listen
26for user commands or queries.
 

 

 

SB2080- 3 -LRB102 11765 JLS 17100 b

1    Section 15. Prohibited conduct.
2    (a) It is unlawful for a person who provides any smart
3service through a proprietary smart speaker to:
4        (1) store or make a recording or transcript of any
5    speech or sound captured by a smart speaker unless:
6            (A) the smart speaker is specifically activated to
7        do so by detecting an audible wake word or phrase that
8        is known to the user; and
9            (B) the smart speaker first makes an audible
10        response or visual indication upon activation by such
11        wake word or phrase; or
12        (2) use any storage or recording or transcript of any
13    voice interaction by a user with the voice-user interface,
14    or transmit such a recording or transcript to a third
15    party, for any purpose:
16             (A) other than to:
17                (i) process a request and provide the service
18            the user is requesting;
19                (ii) improve the speech recognition and
20            natural language understanding of the voice-user
21            interface; or
22                (iii) help the voice-user interface to adapt
23            to speech patterns, vocabulary, and personal
24            preferences; and
25            (B) without:

 

 

SB2080- 4 -LRB102 11765 JLS 17100 b

1                (i) first providing to the user of the smart
2            speaker when the speaker is first set up for use a
3            clear and conspicuous notice, set off from other
4            text in any user agreement, of the specific
5            purpose or purposes described in subparagraph (A);
6                (ii) first obtaining the express consent of
7            the user for each specific purpose; and
8                (iii) permitting the user of the smart speaker
9            to require the deletion of any recording or
10            transcript of any speech or sound captured by a
11            smart speaker of such user at any time.
12    (b) It is unlawful for a person who provides any security
13monitoring or other service through a proprietary video
14doorbell to:
15        (1) store or make a recording of any video, image, or
16    audio captured by the video doorbell's camera unless:
17            (A) the video doorbell is specifically activated
18        to do so when an individual presses the button of the
19        doorbell, or alternatively, when the doorbell senses
20        an individual at the doorstep with its built-in motion
21        sensors or is activated remotely by the user of the
22        doorbell through the user's smartphone, computer, or
23        similar internet-enabled mobile device; and
24            (B) the video or image is provided to the user of
25        the video doorbell at the time the video or image is
26        captured; or

 

 

SB2080- 5 -LRB102 11765 JLS 17100 b

1        (2) use any storage recording of any video, image, or
2    audio captured by the video doorbell's camera, or transmit
3    such a recording to a third party:
4            (A) for any purpose other than to provide the
5        video, image, or audio to the user of the video
6        doorbell or to allow the user using a smartphone,
7        computer, or other internet-enabled device to watch
8        and talk with a guest at the door by using the
9        doorbell's built-in camera and microphone;
10            (B) without:
11                (i) first providing to the user of the video
12            doorbell when the video doorbell is first set up
13            for use a clear and conspicuous notice, set off
14            from other text in any user agreement, of the
15            specific purpose or purposes described in
16            subparagraph (A);
17                (ii) first obtaining the express consent of
18            the use for each specific purpose; and
19                (iii) permitting the user of the video
20            doorbell to require the deletion of any recording
21            of any video or image captured by the video
22            doorbell's camera of the user at any time.
 
23    Section 20. Enforcement. If the Attorney General or a
24State's Attorney has reason to believe that any person has
25violated or is violating this Act, he or she may, in addition

 

 

SB2080- 6 -LRB102 11765 JLS 17100 b

1to any authority he or she may have to bring an action in State
2court under consumer protection law, bring a civil action in
3any court of competent jurisdiction to:
4        (1) enjoin further violation by the defendant;
5        (2) enforce compliance with this Act; or
6        (3) obtain civil penalties not to exceed $40,000 per
7    violation.