Federal

Informing Consumers about Smart Devices Act

Source: Congress.gov · 1,105 words in original text

What This Bill Does

This bill requires manufacturers to clearly tell customers before they buy whether certain internet-connected devices contain cameras or microphones. The bill gives the Federal Trade Commission (a government agency that protects consumers) the power to enforce this rule and issue guidance to manufacturers about how to make these disclosures clear. ##

Who It Affects

- Manufacturers of internet-connected devices with cameras or microphones - Consumers buying these devices - The Federal Trade Commission ##

Key Provisions

- Manufacturers must disclose clearly and noticeably before purchase whether a covered device contains a camera or microphone (Sec. 2) - Breaking this rule counts as an unfair or deceptive practice under existing consumer protection law (Sec. 3(a)) - The Federal Trade Commission enforces this law with the same powers and penalties it uses for other consumer protection violations (Sec. 3(b)) - The Federal Trade Commission must issue guidance within 180 days after the law passes to help manufacturers understand how to make these disclosures clear, age-appropriate and may use pictures to explain them (Sec. 3(c)) - Manufacturers can ask the Federal Trade Commission for custom guidance on how to follow the rules (Sec. 3(d)) ##

What Changes

If this bill becomes law, companies selling internet-connected devices with cameras or microphones must tell customers about these features before purchase. Devices like smartphones, laptops and tablets are excluded because consumers already expect them to have cameras and microphones. ##

Important Definitions

A "covered device" means any internet-connected consumer product that contains a camera or microphone, but does not include phones, laptops, tablets, devices consumers would reasonably expect to have these features, devices marketed specifically as cameras or microphones, or certain devices described in the Communications Act of 1934 (a federal law governing communications). ##

Effective Date

The law applies to devices made 180 days after the Federal Trade Commission issues its guidance, and does not apply to devices made or sold before that date.

II Calendar No. 252 118TH CONGRESS 1ST SESSION S. 90 [Report No. 118–114] To require the disclosure of a camera or recording capability in certain internet-connected devices. IN THE SENATE OF THE UNITED STATES JANUARY 25, 2023 Mr. CRUZ (for himself, Ms. CANTWELL, and Mr. WARNOCK) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation NOVEMBER 28, 2023 Reported by Ms. CANTWELL, with an amendment [Omit the part struck through and insert the part printed in italic] A BILL To require the disclosure of a camera or recording capability in certain internet-connected devices. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Informing Consumers 4 about Smart Devices Act’’. 5 VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB 2 •S 90 RS SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD- 1 ING CAPABILITY IN CERTAIN INTERNET-CON- 2 NECTED DEVICES. 3 Each manufacturer of a covered device shall disclose, 4 clearly and conspicuously and prior to purchase, whether 5 the covered device manufactured by the manufacturer con- 6 tains a camera or microphone as a component of the cov- 7 ered device. 8 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS- 9 SION. 10 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 11 A violation of section 2 shall be treated as a violation of 12 a rule defining an unfair or deceptive act or practice pre- 13 scribed under section 18(a)(1)(B) of the Federal Trade 14 Commission Act (15 U.S.C. 57a(a)(1)(B)). 15 (b) ACTIONS BY THE COMMISSION.— 16 (1) IN GENERAL.—The Federal Trade Commis- 17 sion (in this Act referred to as the ‘‘Commission’’) 18 shall enforce this Act in the same manner, by the 19 same means, and with the same jurisdiction, powers, 20 and duties as though all applicable terms and provi- 21 sions of the Federal Trade Commission Act (15 22 U.S.C. 41 et seq.) were incorporated into and made 23 a part of this Act. 24 (2) PENALTIES AND PRIVILEGES.—Any person 25 who violates this Act or a regulation promulgated 26 VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB 3 •S 90 RS under this Act shall be subject to the penalties and 1 entitled to the privileges and immunities provided in 2 the Federal Trade Commission Act (15 U.S.C. 41 et 3 seq.). 4 (3) SAVINGS CLAUSE.—Nothing in this Act 5 shall be construed to limit the authority of the Com- 6 mission under any other provision of law. 7 (c) COMMISSION GUIDANCE.—Not later than 180 8 days after the date of enactment of this Act, the Commis- 9 sion, through outreach to relevant private entities, shall 10 issue guidance to assist manufacturers in complying with 11 the requirements of this Act, including guidance about 12 best practices for making the disclosure required by sec- 13 tion 2 as clear and conspicuous as practicable clear and 14 conspicuous and age appropriate as practicable and about 15 best practices for the use of a pictorial (as defined in section 16 2(a) of the Consumer Review Fairness Act of 2016 (15 17 U.S.C. 45b(a))) visual representation of the information to 18 be disclosed. 19 (d) TAILORED GUIDANCE.—A manufacturer of a cov- 20 ered device may petition the Commission for tailored guid- 21 ance as to how to meet the requirements of section 2 con- 22 sistent with existing rules of practice or any successor 23 rules. 24 VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB 4 •S 90 RS (e) LIMITATION ON COMMISSION GUIDANCE.—No 1 guidance issued by the Commission with respect to this 2 Act shall confer any rights on any person, State, or local- 3 ity, nor shall operate to bind the Commission or any per- 4 son to the approach recommended in such guidance. In 5 any enforcement action brought pursuant to this Act, the 6 Commission shall allege a specific violation of a provision 7 of this Act. The Commission may not base an enforcement 8 action on, or execute a consent order based on, practices 9 that are alleged to be inconsistent with any such guide- 10 lines, unless the practices allegedly violate section 2. 11 SEC. 4. DEFINITION OF COVERED DEVICE. 12 As used in this Act, the term ‘‘covered device’’— 13 (1) means a consumer product, as defined by 14 section 3(a) of the Consumer Product Safety Act 15 (15 U.S.C. 2052(a)) that is capable of connecting to 16 the internet, a component of which is a camera or 17 microphone; and 18 (2) does not include— 19 (A) a telephone (including a mobile phone), 20 a laptop, tablet, or any device that a consumer 21 would reasonably expect to have a microphone 22 or camera; 23 VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB 5 •S 90 RS (B) any device that is specifically marketed 1 as a camera, telecommunications device, or 2 microphone; or 3 (C) any device or apparatus described in 4 sections 255, 716, and 718, and subsections 5 (aa) and (bb) of section 303 of the Communica- 6 tions Act of 1934 (47 U.S.C. 255; 617; 619; 7 and 303(aa) and (bb)), and any regulations 8 promulgated thereunder. 9 SEC. 5. EFFECTIVE DATE. 10 This Act shall apply to all covered devices manufac- 11 tured after the date that is 180 days after the date on 12 which guidance is issued by the Commission under section 13 3(c), and shall not apply to covered devices manufactured 14 or sold before such date, or otherwise introduced into 15 interstate commerce before such date. 16 VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB Calendar No. 252 118TH CONGRESS 1ST SESSION S. 90 [Report No. 118–114] A BILL To require the disclosure of a camera or recording capability in certain internet-connected devices. NOVEMBER 28, 2023 Reported with an amendment VerDate Sep 11 2014 22:45 Nov 28, 2023 Jkt 049200 PO 00000 Frm 00006 Fmt 6651 Sfmt 6651 E:\BILLS\S90.RS S90 kjohnson on DSK7ZCZBW3PROD with $$_JOB

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