Informing Consumers about Smart Devices Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 859 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 859

   To require the disclosure of a camera or recording capability in
                  certain internet-connected devices.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 31, 2025

  Mr. Fulcher (for himself and Mr. Moulton) introduced the following
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 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 Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Informing Consumers about Smart
Devices Act''.

SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING CAPABILITY IN
              CERTAIN INTERNET-CONNECTED DEVICES.

    Each manufacturer of a covered device shall disclose, clearly and
conspicuously and prior to purchase, whether the covered device
manufactured by the manufacturer contains a camera or microphone as a
component of the covered device.

SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of section
2 shall be treated as a violation of a rule defining an unfair or
deceptive act or practice prescribed under section 18(a)(1)(B) of the
Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Actions by the Commission.--
            (1) In general.--The Federal Trade Commission (in this Act
        referred to as the ``Commission'') shall enforce this Act in
        the same manner, by the same means, and with the same
        jurisdiction, powers, and duties as though all applicable terms
        and provisions of the Federal Trade Commission Act (15 U.S.C.
        41 et seq.) were incorporated into and made a part of this Act.
            (2) Penalties and privileges.--Any person who violates this
        Act or a regulation promulgated under this Act shall be subject
        to the penalties and entitled to the privileges and immunities
        provided in the Federal Trade Commission Act (15 U.S.C. 41 et
        seq.).
            (3) Savings clause.--Nothing in this Act shall be construed
        to limit the authority of the Commission under any other
        provision of law.
    (c) Commission Guidance.--Not later than 180 days after the date of
enactment of this Act, the Commission, through outreach to relevant
private entities, shall issue guidance to assist manufacturers in
complying with the requirements of this Act, including guidance about
best practices for making the disclosure required by section 2 as clear
and conspicuous and age appropriate as practicable and about best
practices for the use of a pictorial (as defined in section 2(a) of the
Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a))) visual
representation of the information to be disclosed.
    (d) Tailored Guidance.--A manufacturer of a covered device may
petition the Commission for tailored guidance as to how to meet the
requirements of section 2 consistent with existing rules of practice or
any successor rules.
    (e) Limitation on Commission Guidance.--No guidance issued by the
Commission with respect to this Act shall confer any rights on any
person, State, or locality, nor shall operate to bind the Commission or
any person to the approach recommended in such guidance. In any
enforcement action brought pursuant to this Act, the Commission shall
allege a specific violation of a provision of this Act. The Commission
may not base an enforcement action on, or execute a consent order based
on, practices that are alleged to be inconsistent with any such
guidelines, unless the practices allegedly violate section 2.

SEC. 4. DEFINITION OF COVERED DEVICE.

    As used in this Act, the term ``covered device''--
            (1) means a consumer product, as defined by section 3(a) of
        the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
        capable of connecting to the internet, a component of which is
        a camera or microphone; and
            (2) does not include--
                    (A) a telephone (including a mobile phone), a
                laptop, tablet, or any device that a consumer would
                reasonably expect to have a microphone or camera;
                    (B) any device that is specifically marketed as a
                camera, telecommunications device, or microphone; or
                    (C) any device or apparatus described in sections
                255, 716, and 718, and subsections (aa) and (bb) of
                section 303 of the Communications Act of 1934 (47
                U.S.C. 255; 617; 619; and 303(aa) and (bb)), and any
                regulations promulgated thereunder.

SEC. 5. EFFECTIVE DATE.

    This Act shall apply to all covered devices manufactured after the
date that is 180 days after the date on which guidance is issued by the
Commission under section 3(c), and shall not apply to covered devices
manufactured or sold before such date, or otherwise introduced into
interstate commerce before such date.
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