Full Text of HB3438 103rd General Assembly
HB3438 103RD GENERAL ASSEMBLY
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
Introduced 2/17/2023, by Rep. Joe C. Sosnowski
SYNOPSIS AS INTRODUCED:
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.
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.
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
"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
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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(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
(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.
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.
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.
Any waiver of the provisions of
this Act is void and unenforceable.