September 11, 2018
Good morning Illinois Chamber Tech Council members. Recently, I wrote a column that ran in the Daily Herald. Key takeaways from my piece: 1) tech policy is expanding; 2) businesses serving Illinoisans must comply with existing law; and, 3) before expanding future liabilities, policymakers must collaborate with industry. You can check it out
here.
CHAMBER SUBMITS BRIEF IN BIOMETRIC CASE
Yesterday, the Chamber submitted an amicus brief in support of Six Flags Entertainment Corporation in the
Rosenbach v. Six Flags case before the Illinois Supreme Court. The case involves a
punitive class action lawsuit alleging violation of the Illinois Biometric Information Privacy Act (BIPA) by Six Flags for the alleged use of finger scan technology for season pass holders.
Alleged violations of BIPA have had a direct and significant impact on the well-being of our members, many of which have been target of the approximately 110 recently-filed cookie cutter complaints seeking to impose catastrophic damages on Illinois businesses - despite the complete absence of any actual harm to individuals.
Since the law's inception, the plaintiff bar has brought cases against companies ranging from hospitals, to day care centers, technology companies, car dealerships, liquor stores, senior living centers, restaurants, grocery stores, and janitorial services companies.
First, our brief discusses the typical allegations in BIPA class actions, who is filing them, how the Illinois businesses who have become targets of these lawsuits span multiple industries (including small, local Illinois businesses), and how a decision by the Illinois Supreme Court to remove any and all barriers to the filing of BIPA class actions would open the floodgates to potentially thousands of additional class action complaints statewide filed indiscriminately against Illinois businesses.
Second, our brief discusses how plaintiffs are attempting to utilize BIPA's private right of action as a sword to seek devastating strict liability damages on behalf of themselves and other individuals - in the absence of any injury - to the detriment of Illinois businesses and commerce. Moreover, our brief discusses how such massive exposure will force businesses to go bankrupt and result in increased litigation costs which will make employing people more difficult and expensive, translating to fewer growth opportunities, increased layoffs and out-of-state relations.
There is a lot at stake under this case. Not just for tech companies but the general business community. I would note that we satisfied the deadline to file the brief yesterday but have not yet been accepted. I will keep members comprised as to when that occurs. For now, you can read our brief
here.
GOVERNOR TAKES ACTION ON SEVERAL BILLS
The Governor has been busy the last month taking action on several pieces of legislation on his desk. For a complete list of bills the Chamber (not specific to the Tech Council) requested the Governor take action on, see
here. For tech-related actions by the Governor, see below:
- HB 5547 (Andrade/Martinez) was signed into law by Gov. Rauner. This bill provides that on a biennial basis, the state's Auditor General must conduct a performance audit of State agencies and their cybersecurity programs and practices, with a particular focus on agencies holding large volumes of personal information.
- SB 3205 (Harmon/Connor) was signed into law by Gov. Rauner. This bill would make changes to the Technology Development Account or Illinois Growth and Innovation Fund in the office of the Illinois Treasurer to drive opportunities for venture capital investments in Illinois.
- SB 2641 (Munoz/Turner) was amendatorily vetoed by the Governor. This bill sought to pit traditional car rental companies and car-sharing companies against each other. This bill received a considerable amount of attention and was one of the most lobbied bills of the spring session. In short, this bill sought to apply the same regulatory and statutory obligations on non-traditional car rental companies (such as Turo and Getaround) as traditional car rental companies. In his veto message the Governor stated: "Many of the structures this sweeping legislation proposes are ill-suited to thoughtfully regulate this new industry...Oversight of this new industry is important to protect consumers; however, we should be careful not to unintentionally smother its growth before it has a chance to get off the ground." The bill passed the House with a veto-proof majority.
NEW BILL FILED ON 3D PRINTERS
Since our last newsletter, retiring state Representative Steve Andersson (R - Geneva) filed
HB 5946. This bill seeks to set fourth a security protocol for the use of three-dimensional printers located on the property of a public library, elementary or secondary school, community college, or state university. This bill likely stemmed from the recent debate around 3D-printed firearms. However, it will be interesting to watch this bill as it could lead to future regulation on commercial 3D printers. Stay tuned.
Q3 IL BIZ LEADER FOCUSES ON TECH IN ILLINOIS
ICYMI, this quarter's edition of the Chamber's Illinois Business Leader is now available online. This quarter's focus is on the state's tech economy. Highlights of the issue include several interviews showcasing the industry's statewide economic impact, women in Illinois' tech industry, and advancements in tech policy over the last couple years. The magazine also highlights Chamber Tech Council member, Salesforce, and the wonderful charitable contributions they have provided in the Chicagoland area. You can view the digital version
here.
WEDNESDAY: AI AND THE ENERGY SECTOR
Tomorrow, the Senate Energy and Public Utilities will
hold a subject matter hearing on "artificial Intelligence within the Energy Sector." The hearing will take place at 1:00 at the Bilandic Building in Chicago (160. N. LaSalle St). The hearing will feature tech companies as well as energy companies and energy consumer groups.
ILLINOIS CHAMBER RELEASES LEGISLATIVE RATINGS
Last week, the Illinois Chamber released our Legislative Ratings for members of the 100th General Assembly. Two bills that were used in our report that were tech-related were SB 1502 (Right to Know bill) and HB 3449 (Geolocation bill). It was important to include these two bills to demonstrate the seriousness of introducing these types of bills without industry input. The full report can be found
here.
CHAMBER HAPPENINGS
September 20th: Annual Luncheon
The Illinois Chamber's largest networking event is scheduled for September 20
at the Hilton Chicago. Lance Fritz, the chairman, president, and chief executive officer of Union Pacific Railroad will keynote this exciting event. If you have not already RSVP'd, please register today!
September 21st: Argentine Software Business Briefing
The day after out Annual Luncheon (don't forget to RSVP), the
Chamber's International Business Council will be hosting an Argentine technology trade delegation to the Chamber's Chicago office. The Business Briefing provides a valuable market opportunity for U.S. companies to gain access to leaders from Argentina's Software sector at a critical phase of its development. During the event, delegates will present market, project development and procurement opportunities. Following their presentations, attendees will have the opportunity to schedule and participate in one-on-one meetings with members of the delegation. More information can be found
here. To RSVP or if you have any questions, please reach out to myself of
Laura Ortega.
November 12th: Semiannual Tech Council Meeting
If you haven't already done so,
please RSVP to our semiannual council meeting scheduled for Nov. 12 at Google's Chicago office. There is no cost associated with the meeting. The meeting is scheduled from 9-11AM but council members are welcome to stop by at 8:15 - 9AM for breakfast and networking. RSVP
here!
ARTICLES OF INTEREST
