HR 859
Informing Consumers about Smart Devices Act
Take action
Record your position on this measure.
Sign in to record your position, submit testimony, or contact your legislator.
Sign in to take action- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Bill overview
This bill, the Informing Consumers about Smart Devices Act, requires manufacturers of internet-connected devices with cameras or microphones to clearly disclose this feature to consumers before they purchase the device. The law specifically excludes common devices like mobile phones and laptops that consumers would reasonably expect to have cameras or microphones. The Federal Trade Commission will enforce the law and provide guidance to manufacturers on how to comply.
Key provisions
- Manufacturers must disclose the presence of a camera or microphone on covered devices prior to purchase.
- The law applies to consumer products capable of connecting to the internet that include a camera or microphone.
- Devices like mobile phones, laptops, and tablets are excluded from the disclosure requirement.
- The Federal Trade Commission (FTC) will enforce the law.
- The FTC will have the same enforcement authority as under the Federal Trade Commission Act.
- The FTC will issue guidance to manufacturers on clear and conspicuous disclosures.
- Manufacturers can petition the FTC for tailored guidance on compliance.
- The law takes effect 180 days after the FTC issues guidance.
Who is affected
- Manufacturers of internet-connected devices
- Consumers purchasing smart devices
- The Federal Trade Commission
Notable changes
- Requires manufacturers to proactively disclose the presence of cameras and microphones.
Sponsors
Official sponsors from legislative records.
Primary sponsor
Cosponsor
Arguments in favor
Reasons to support this legislation.
No arguments in favor have been submitted.
Submit yoursArguments opposed
Reasons to oppose this legislation.
No arguments opposed have been submitted.
Submit yoursRead the latest version inline or switch to a previous version.
119th CONGRESS — 1st Session
H. R. 859
IN THE HOUSE OF REPRESENTATIVES
A BILL
To require the disclosure of a camera or recording capability in certain internet-connected devices.
This Act may be cited as the Informing Consumers about Smart Devices Act
.
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.
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)).
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.
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.).
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
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.
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.
As used in this Act, the term covered device—
does not include—
any device that is specifically marketed as a camera, telecommunications device, or microphone; or
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.
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.