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Sen. Cristina Castro
Filed: 4/8/2019
| | 10100SB1719sam001 | | LRB101 07614 JLS 59481 a |
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| 1 | | AMENDMENT TO SENATE BILL 1719
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1719 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the Keep |
| 5 | | Internet Devices Safe Act.
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| 6 | | Section 5. Definitions. In this Act: |
| 7 | | "Digital device" means an Internet-connected device that |
| 8 | | contains a microphone, such as a smartphone, tablet, |
| 9 | | television, computer, car, toy, or home appliance. |
| 10 | | "Microphone" means an instrument capable of detecting |
| 11 | | sound waves. |
| 12 | | "Private entity" means any partnership, corporation, |
| 13 | | liability company, association, organization or other group, |
| 14 | | regardless of organizational structure, or any agent thereof. |
| 15 | | "Private entity" does not include a state or local government |
| 16 | | agency.
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| 1 | | Section 10. Use of a digital device's microphone. |
| 2 | | (a) No private entity may turn on or enable a digital |
| 3 | | device's microphone unless the registered account holder or |
| 4 | | another user that is setting up or configuring the device first |
| 5 | | agrees to the following information in a consumer agreement or |
| 6 | | privacy notice notifying the registered account holder: |
| 7 | | (1) that the microphone in the digital device will be |
| 8 | | turned on or enabled: |
| 9 | | (2) what command or action will turn on or enable the |
| 10 | | microphone; |
| 11 | | (3) the categories of sounds the microphone will be |
| 12 | | listening for, recording, or disclosing; and |
| 13 | | (4) the categories of third parties to which the sounds |
| 14 | | may be disclosed. |
| 15 | | (b) The manufacturer of a digital device that does not |
| 16 | | cause to be turned on or otherwise use a digital device's |
| 17 | | microphone is not subject to this Section.
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| 18 | | Section 15. Security measures. A private entity that |
| 19 | | records and transmits any personally identifiable information |
| 20 | | collected through the digital device's microphone concerning a |
| 21 | | registered account holder shall implement and maintain |
| 22 | | reasonable security measures to protect such personally |
| 23 | | identifiable information from unauthorized access, |
| 24 | | acquisition, destruction, use, modification, and disclosure.
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| 1 | | Section 20. Enforcement. The Attorney General shall have |
| 2 | | exclusive authority to enforce this Act. Nothing in this Act |
| 3 | | shall be construed to modify, limit, or supersede the operation |
| 4 | | of any privacy or security provision in any other Illinois law |
| 5 | | or prevent a party from otherwise seeking relief under the Code |
| 6 | | of Civil Procedure.
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| 7 | | Section 25. Waiver void. Any waiver of the provisions of |
| 8 | | this Act is void and unenforceable.".
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