Federal

Informing Consumers about Smart Devices Act

Source: Congress.gov · 914 words in original text

What This Bill Does

This bill requires manufacturers to disclose whether certain internet-connected devices contain cameras or microphones. The Federal Trade Commission will enforce the rule and issue guidance to help manufacturers comply.

Who It Affects

Manufacturers of internet-connected consumer products that contain cameras or microphones. The Federal Trade Commission will enforce the law.

Key Provisions

- Manufacturers must disclose if their devices contain cameras or microphones (Sec. 2) - Violations are treated as unfair or deceptive practices under the Federal Trade Commission Act (Sec. 3(a)) - The Federal Trade Commission must issue guidance to manufacturers within 180 days after the law is enacted to explain how to make disclosures clear and easy to understand (Sec. 3(c)) - Manufacturers can ask the Federal Trade Commission for customized guidance on how to meet the disclosure requirement (Sec. 3(d)) - The law does not apply to phones, laptops, tablets, devices consumers would reasonably expect to have cameras or microphones, or devices specifically marketed as cameras, telecommunications devices, or microphones (Sec. 4(2))

What Changes

Manufacturers of internet-connected devices with cameras or microphones must tell consumers about these features. The Federal Trade Commission can take enforcement action against companies that fail to disclose.

Important Definitions

A "covered device" means an internet-connected consumer product containing a camera or microphone, excluding phones, laptops, tablets, and devices consumers would reasonably expect to have these features.

Effective Date

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

IIB 118TH CONGRESS 1ST SESSION H. R. 538 IN THE SENATE OF THE UNITED STATES FEBRUARY 28, 2023 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT 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 VerDate Sep 11 2014 22:51 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H538.RFS H538 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 538 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Informing Consumers 2 about Smart Devices Act’’. 3 SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD- 4 ING CAPABILITY IN CERTAIN INTERNET-CON- 5 NECTED DEVICES. 6 Each manufacturer of a covered device shall disclose 7 whether the covered device manufactured by the manufac- 8 turer contains a camera or microphone as a component 9 of the covered device. 10 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS- 11 SION. 12 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 13 A violation of section 2 shall be treated as a violation of 14 a rule defining an unfair or deceptive act or practice pre- 15 scribed under section 18(a)(1)(B) of the Federal Trade 16 Commission Act (15 U.S.C. 57a(a)(1)(B)). 17 (b) ACTIONS BY THE COMMISSION.— 18 (1) IN GENERAL.—The Federal Trade Commis- 19 sion shall enforce this Act in the same manner, by 20 the same means, and with the same jurisdiction, 21 powers, and duties as though all applicable terms 22 and provisions of the Federal Trade Commission Act 23 (15 U.S.C. 41 et seq.) were incorporated into and 24 made a part of this Act. 25 VerDate Sep 11 2014 22:51 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H538.RFS H538 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 538 RFS (2) PENALTIES AND PRIVILEGES.—Any person 1 who violates this Act or a regulation promulgated 2 under this Act shall be subject to the penalties and 3 entitled to the privileges and immunities provided in 4 the Federal Trade Commission Act (15 U.S.C. 41 et 5 seq.). 6 (c) COMMISSION GUIDANCE.—Not later than 180 7 days after the date of enactment of this Act, the Commis- 8 sion, through outreach to relevant private entities, shall 9 issue guidance to assist manufacturers in complying with 10 the requirements of this Act, including guidance about 11 best practices for making the disclosure required by sec- 12 tion 2 as clear and conspicuous as practicable. 13 (d) TAILORED GUIDANCE.—A manufacturer of a cov- 14 ered device may petition the Commission, in a manner 15 consistent with the rules of the Commission, for tailored 16 guidance as to how to meet the requirements of section 17 2. 18 (e) LIMITATION ON COMMISSION GUIDANCE.—No 19 guidance issued by the Commission with respect to this 20 Act shall confer any rights on any person, State, or local- 21 ity, nor shall operate to bind the Commission or any per- 22 son to the approach recommended in such guidance. In 23 any enforcement action brought pursuant to this Act, the 24 Commission shall allege a specific violation of a provision 25 VerDate Sep 11 2014 22:51 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H538.RFS H538 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 538 RFS of this Act. The Commission may not base an enforcement 1 action on, or execute a consent order based on, practices 2 that are alleged to be inconsistent with any such guide- 3 lines, unless the Commission determines such practices ex- 4 pressly violate section 2. 5 SEC. 4. DEFINITION OF COVERED DEVICE. 6 As used in this Act, the term ‘‘covered device’’— 7 (1) means a consumer product, as defined by 8 section 3(a) of the Consumer Product Safety Act 9 (15 U.S.C. 2052(a)) that is capable of connecting to 10 the internet, a component of which is a camera or 11 microphone; and 12 (2) does not include— 13 (A) a telephone (including a mobile phone), 14 a laptop, tablet, or any device that a consumer 15 would reasonably expect to have a microphone 16 or camera; 17 (B) any device that is specifically marketed 18 as a camera, telecommunications device, or 19 microphone; or 20 (C) any device or apparatus described in 21 sections 255, 716, and 718, and subsections 22 (aa) and (bb) of section 303 of the Communica- 23 tions Act of 1934 (47 U.S.C. 255; 617; 619; 24 VerDate Sep 11 2014 22:51 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H538.RFS H538 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 538 RFS and 303(aa) and (bb)), and any regulations 1 promulgated thereunder. 2 SEC. 5. EFFECTIVE DATE. 3 This Act shall apply to all covered devices manufac- 4 tured after the date that is 180 days after the date on 5 which guidance is issued by the Commission under section 6 3(c), and shall not apply to covered devices manufactured 7 or sold before such date, or otherwise introduced into 8 interstate commerce before such date. 9 Passed the House of Representatives February 27, 2023. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 22:51 Feb 28, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H538.RFS H538 pbinns on DSKJLVW7X2PROD with $$_JOB

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