April 23, 2018

I am sending this out as a supplemental to this morning's newsletter. 

Senator Kwame Raoul has filed an amendment to SB 575 that would create the "Keep Internet Devices Safe Act."  

The amendment would seek to address concerns over speech recognition and other technologies that use microphones to listen for various environmental triggers.  

Digital devices that would fall under this amendment include smartphones, tablets, TV's, computers, cars, toys, home appliances, or any household device that may be used for personal, family, or household purposes that contains a microphone. 

Further, the amendment would prohibit any private entity from turning on or enabling a digital device's microphone to listen for or collect information, such as, spoken words or other audible or inaudible sounds, unless the user agrees to a written policy made available to the public.  

The waiver must include information informing the user that:

1. the microphone in the digital device will be turned on, enabled or used;
2. the frequency and length of time the microphone will be turned on, enabled, or used;
3. specific categories of information that the microphone will be listening for; and
4. the specific purpose for which the information will be collected, stored, used and disclosed. 

If you are an entity that collects, stores, or transmits any information through a digital device's microphone concerning Illinois residents, the private entity must maintain reasonable security measures to protect those records from unauthorized access.  

Those found in violation of the proposed Act, would constitute as an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act.  

As you may recall, we saw a similar proposal last year that would attempt to regulate "microphone enabled devices."  This bill, however, failed to move out of committee where the bill eventually changed sponsorship and was tabled.  However, given the sponsor's ambitions for state Attorney General, we are taking this issue seriously.  

If you have any questions or any concerns with the amendment, please reach out to me.   It is my plan to get the sponsors intentions this week when the Senate returns to Springfield. 

Tyler Diers

Illinois Chamber of Commerce 

[email protected]

217-522-5512 ext. 296