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H.R. 3898House117th Congress (2021-2023)In Committee

Informing Consumers about Smart Devices Act

Sponsored by John R. CurtisRep. John R. Curtis (R-UT)
Introduced June 15, 2021

AI-Generated Summary

Updated February 8, 2026 at 4:19 AM UTC

The Informing Consumers about Smart Devices Act would require manufacturers of certain internet‑connected consumer products that contain a camera or microphone to clearly disclose that capability to buyers. The Federal Trade Commission (FTC) would enforce the disclosure rule as an unfair or deceptive practice, issue guidance, and impose penalties for violations. The law applies only to devices made after the FTC issues its guidance and excludes items like phones, laptops, tablets, and products marketed specifically as cameras or microphones.

Key Provisions

  • Manufacturers must disclose whether a covered device includes a camera or microphone.
  • The FTC will treat failure to disclose as an unfair or deceptive act and can enforce penalties under the FTC Act.
  • The FTC must issue compliance guidance within 180 days of enactment, and manufacturers may request tailored guidance.
  • A “covered device” is an internet‑connected consumer product with a camera or microphone, excluding phones, laptops, tablets, devices expected to have such components, and items marketed as cameras or telecommunications devices.
  • The rule takes effect for devices manufactured after the FTC’s guidance is issued, not affecting devices made or sold before that date.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Consumer Protection and Commerce.

Commerce, Manufacturing, and Trade Subcommittee

June 16, 2021

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HouseIntro Referral

Introduced in House

June 15, 2021

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

June 15, 2021

HouseCommittee

Referred to the Subcommittee on Consumer Protection and Commerce.

Commerce, Manufacturing, and Trade Subcommittee

June 16, 2021

Bill Text

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Introduced in HouseIssued June 15, 2021

I

117th CONGRESS

1st Session

H. R. 3898

IN THE HOUSE OF REPRESENTATIVES

June 15, 2021

Mr. Curtis (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.

1.

Short title

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

2.

Required disclosure of a camera or recording capability in certain internet-connected devices

Each manufacturer of a covered device shall disclose whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device.

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 shall prevent any person from violating this Act or a regulation promulgated under 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.).

(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 as practicable.

(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.

(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 Commission determines such practices expressly violate section 2.

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.

5.

Effective date

This Act shall apply to all 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 devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.