Full Text of SB2082 102nd General Assembly
SB2082 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/26/2021, by Sen. Cristina Castro
SYNOPSIS AS INTRODUCED:
Creates the Keep Internet Devices Safe Act. Includes a statement of
legislative intent and defines terms. Provides that a private entity may
turn on or enable, cause to be turned on or enabled, or otherwise use a
digital device's microphone to listen for or collect information,
including spoken words or other audible or inaudible sounds, if the
private entity makes specified disclosures in its customer agreement or
other incorporated addendum. Provides that a private entity that collects,
stores, or transmits any information collected through a digital device's
microphone concerning an Illinois resident shall implement and maintain
reasonable security measures to protect that information from unauthorized
access, acquisition, destruction, use, modification, and disclosure. Adds
provisions governing waiver, applicability, and exceptions. Provides that
a violation of the Keep Internet Devices Safe Act constitutes an unlawful
practice under the Consumer Fraud and Deceptive Business Practices Act.
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:
This Act may be cited as the
Internet Devices Safe Act.
(1) An increasing number of everyday household
such as smartphones, televisions, cars, toys, and
appliances, are being enhanced by speech recognition
technologies that use microphones to listen for
triggers. As a result, private companies are
unprecedented and near constant access to Illinois
their families' private lives, including what
they do in their
homes and their daily habits.
(2) While there are tremendous benefits from these
technologies, the collection of personal information from
Internet-connected devices pose serious privacy and
safety risks to Illinois citizens and children.
now have microphones that can record and
information from conversations within
earshot of the device.
(3) The increasing prevalence of these technologies in
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everyday devices enables companies to collect, store,
analyze, and share increasing amounts of personal data,
Illinois families ever knowing. Illinois
citizens have a right
to their personal data, and the
public welfare, security, and
safety will be served by
requiring companies to be transparent
about their data
collection and sharing practices.
(4) It is the public policy of the State of Illinois to
ensure that Illinois citizens be aware of and have control
whether a private entity records, collects, stores,
discloses their personal information and to ensure that
personal information is maintained in a secure
Definitions. In this Act:
"Digital device" means a smartphone, tablet, television,
computer, car, toy, home appliance, or any other device that
may be used for personal, family, or household purposes that
contains a microphone.
"Microphone" means an instrument capable of listening for,
collecting, recording, analyzing, transmitting, interpreting,
or otherwise using spoken words or other audible or inaudible
"Private entity" means any partnership, corporation,
limited liability company, association, organization or other
group, regardless of organizational structure, or any agent
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thereof. "Private entity" does not include a State or local
"Person" means a resident of this State who purchases or
leases a digital device for personal or household use.
Collection, use, storage, or disclosure of
information from a digital device's microphone.
(a) No private entity may turn on or enable, cause to be
turned on or enabled, or otherwise use a digital device's
microphone to listen for or collect information, including
spoken words or other audible or inaudible sounds, unless the
private entity, in its customer agreement or other
incorporated addendum, states the following:
(1) that the digital device's microphone may be turned
on, enabled, or used;
(2) the commands or actions that may turn on or enable
(3) whether the microphone is listening for an audible
or inaudible sound, or both; and
(4) the general purpose for which the information may
be collected, used, stored, or disclosed.
(b) A manufacturer of a digital device that does not turn
on or enable, cause to be turned on or enabled, or otherwise
use a digital device's microphone to listen for or collect
information is not subject to this Section.
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A private entity that
collects, stores, or transmits any information collected
through a digital device's microphone concerning an Illinois
resident shall implement and maintain reasonable security
measures to protect that information from unauthorized access,
acquisition, destruction, use, modification, and disclosure.
A violation of this Act constitutes
an unlawful practice under the Consumer Fraud and Deceptive
Business Practices Act.
(a) Any waiver of the provisions of this Act is void and
(b) Any agreement created or modified after the effective
date of this Act that does not comply with this Act is void and