New Illinois Privacy Law Curbs Police Access to Home Devices - Crime Report

Legislators in Illinois have passed a “first-of-its-kind” bill limiting law enforcement’s access to household data from digital devices. The measure is the latest development responding to concerns about the privacy connected with ubiquitous surveillance technology, according to Bloomberg Law News.

The Protecting Household Privacy Act restricts the sharing of data from internet-connected devices — like smart speakers and security cameras that capture conversations and household schedules. Law enforcement will require a search warrant or permission from the device’s owner to gain access.

Under the bill, there are a few exceptions for emergency scenarios. But the new boundaries highlight a legal tension over expectations that a person’s private space is kept out of public eye.

While tech companies like Amazon seemingly set their own boundaries, particularly with their Ring camera security system, advocates are pleased that the new law focuses on data-sharing with police, as there’s a growing expectation that law enforcement have unfettered access to someone’s devices in pursuit of evidence about a crime.

“If I plan a crime on a street corner, and someone hears me, I have no expectation of privacy there,” Peter Hanna, legal adviser for the American Civil Liberties Union of Illinois, told Bloomberg Law News, emphasizing that someone’s private space, albeit possibly shared with an internet-connected device, must be treated differently.

Privacy and Security Cameras

Currently, Illinois offers some protection for things like emails. The existing 1986 law was “written at a time when there weren’t smart home devices,” said Ángel Díaz, a lecturer at the University of California, Los Angeles Law School who studies the intersection of technology and civil rights.

The new law’s definition of household devices is “intentionally broad” so it can account for future products introduced into people’s homes — particularly the growing line of home security cameras that record and store data in the cloud, the ACLU of Illinois details.

Much of the new law will cover devices with connection to its “immediately surrounding area” include Amazon’s Ring doorbell camera and other similar home security cameras, like Google’s Nest security line.

Over the summer, Ring made some updates to their community app that would make police requests for users’ video footage more transparent through at “request for assistance” feature where verified police or fire department agencies that have joined the app can communicate with community members, and users can see how police are using their footage, The Crime Report detailed.

To that end, a Gizmodo report earlier this year uncovered that over 2,000 police departments and fire departments across the nation are involved in Amazon’s Ring Program, noting that sometimes police use loopholes where they simply request footage from users without getting a warrant first.

“These camera registries will only serve to exacerbate existing forms of discrimination that are rampant within policing and the criminal justice system,” said Evan Greer of Fight for the Future, a civil rights advocacy nonprofit focused on technology, as quoted by The Crime Report.

After receiving heat in the media, Ring has vowed not to give law enforcement data without a valid search warrant or subpoena, depending on the information sought. Amazon has also vowed not to disclose customer information through the Alexa-enabled smart speakers.

Additional Reading: Amazon’s Ring Shares Users’ Personal Data: Report

‘Complicated Compliance’

The new law in Illinois could “complicate compliance efforts” for companies that are also subject to the federal Stored Communications Act, according to Chloe Goodwin, an associate at Covington & Burling LLP in Washington, D.C., who represents tech companies on issues including law enforcement access to digital evidence.

“The Illinois requirements don’t map neatly onto the Stored Communications Act framework,” Goodwin told Bloomberg Law News.

She added that the confusion comes because the Illinois law covers data from connected devices but not computing ones, like a computer, tablet, or mobile phone. The state law also excludes “digital gateway” devices such as internet modems and routers or cable set-top boxes.

It’s still unknown what the Protecting Household Privacy Act’s permission provision means for people who own digital devices or others who may be unknowingly captured in a recording, like a child, roommate, or passerby.

Even though Illinois’ new law is a big step in protecting individual privacy, advocates are still pushing for device makers and companies to clarify their privacy policies and explicitly say what information is being stored and shared as a way to allow consumers to decide what’s best for them.

source: https://thecrimereport.org/2021/12/23/new-illinois-privacy-law-curbs-police-access-to-home-devices/

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