Illinois 2023-2024 Regular Session

Illinois House Bill HB3438 Compare Versions

Only one version of the bill is available at this time.

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1	1	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. LRB103 26874 SPS 53238 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3438 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED: New Act 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. LRB103 26874 SPS 53238 b LRB103 26874 SPS 53238 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3438 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	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.
6	6	LRB103 26874 SPS 53238 b LRB103 26874 SPS 53238 b
7	7	LRB103 26874 SPS 53238 b
8	8	A BILL FOR
9	9	HB3438LRB103 26874 SPS 53238 b HB3438 LRB103 26874 SPS 53238 b
10	10	HB3438 LRB103 26874 SPS 53238 b
11	11	1 AN ACT concerning business.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 1. Short title. This Act may be cited as the Keep
15	15	5 Internet Devices Safe Act.
16	16	6 Section 5. Definitions. In this Act:
17	17	7 "Digital device" means an Internet-connected device that
18	18	8 contains a microphone, such as a smartphone, tablet,
19	19	9 television, computer, car, toy, or home appliance.
20	20	10 "Microphone" means an instrument capable of detecting
21	21	11 sound waves.
22	22	12 "Private entity" means any partnership, corporation,
23	23	13 limited liability company, association, organization, or other
24	24	14 group, regardless of organizational structure, or any agent
25	25	15 thereof. "Private entity" does not include a State or local
26	26	16 government agency.
27	27	17 Section 10. Use of a digital device's microphone.
28	28	18 (a) No private entity may turn on or enable a digital
29	29	19 device's microphone unless the registered account holder or
30	30	20 another user that is setting up or configuring the device
31	31	21 first agrees to the following information in a consumer
32	32	22 agreement or privacy notice notifying the registered account
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36	36	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3438 Introduced , by Rep. Joe C. Sosnowski SYNOPSIS AS INTRODUCED:
37	37	New Act New Act
38	38	New Act
39	39	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.
40	40	LRB103 26874 SPS 53238 b LRB103 26874 SPS 53238 b
41	41	LRB103 26874 SPS 53238 b
42	42	A BILL FOR
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48	48	New Act
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67	67	1 holder:
68	68	2 (1) that the microphone in the digital device will be
69	69	3 turned on or enabled;
70	70	4 (2) what command or action will turn on or enable the
71	71	5 microphone;
72	72	6 (3) the categories of sounds the microphone will be
73	73	7 listening for, recording, or disclosing; and
74	74	8 (4) the categories of third parties to which the
75	75	9 sounds may be disclosed.
76	76	10 (b) The manufacturer of a digital device that does not
77	77	11 cause to be turned on or otherwise use a digital device's
78	78	12 microphone is not subject to this Section.
79	79	13 Section 15. Security measures. A private entity that
80	80	14 records and transmits any personally identifiable information
81	81	15 collected through the digital device's microphone concerning a
82	82	16 registered account holder shall implement and maintain
83	83	17 reasonable security measures to protect such personally
84	84	18 identifiable information from unauthorized access,
85	85	19 acquisition, destruction, use, modification, and disclosure.
86	86	20 Section 20. Enforcement. The Attorney General shall have
87	87	21 exclusive authority to enforce this Act. Nothing in this Act
88	88	22 shall be construed to modify, limit, or supersede the
89	89	23 operation of any privacy or security provision in any other
90	90	24 Illinois law or prevent a party from otherwise seeking relief
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101	101	1 under the Code of Civil Procedure.
102	102	2 Section 25. Waiver void. Any waiver of the provisions of
103	103	3 this Act is void and unenforceable.
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