Informing Consumers about Smart Devices Act

Mr. President, many Americans remember waking up on Saturday morning to watch their favorite cartoons, including shows like ``The Jetsons.'' As I look at the Senate pages who are here, I suspect none of them have any memory of ``The Jetsons.'' For those who are under 40 in the Chamber or who are watching at home, ``The Jetsons'' was a futuristic cartoon that was set in the year 2062, and it depicted a family from the future who had fun, imaginative technologies, like jet packs and holograms and video calls and robot vacuums and smartwatches and flying cars. While we are still waiting to see those flying cars in the air, we already have a lot of ``The Jetsons' '' technology available to us now--in many cases, even better than what was depicted in the cartoon show.

Today, internet-connected smart devices are commonly used in American households. Light bulbs, mirrors, air fryers, coffee makers, trash cans, kitchen faucets, refrigerators, and more are all becoming smart, and we are able to control them with our phones or voice commands. A lot of that is really cool. It is expected that, in a few years, nearly 70 percent of American households--more than 80 million households-- will own at least one smart home product. This is, by and large, a good thing, as smart devices can help us improve our quality of life and complete daily tasks more easily.

But, with any technological advancement, there can be tradeoffs, and for smart devices, one of the potential tradeoffs is our privacy. In Texas, we have become very aware of that cost. In the past few years, smart thermostats have allowed electric companies to control the temperature in your own home, from afar, in the name of conserving energy.

Furthermore, a lot of Americans don't realize or expect that the growing number of smart household devices and appliances have cameras on them and microphones that can surreptitiously record families and transmit data. In other words, when you are buying a new refrigerator, you don't expect your fridge to record you or listen to you or to spy on you without your knowledge. And, while some manufacturers have responsibly taken steps to more clearly label their products and to let consumers know they contain listening devices or cameras, others have not.

So I have introduced bipartisan legislation, which I authored alongside Senator Cantwell of Washington, a Democrat and the chairman of the Commerce Committee. I am the ranking member of the Commerce Committee. Our bipartisan legislation would simply ensure that this information is clearly communicated to consumers so that you are informed before you buy a product that is going to photograph you or film you or record you, so that it doesn't happen against your wishes and without your knowledge.

Now, I expect, in a minute, we are going to hear opposition to my bill--opposition focused on the proposition that any mandate put on a private company is somehow a burden. And it is a mandate to require your refrigerator manufacturer to tell you if your fridge is spying on you. Now, I am sympathetic to the problem that there are too many mandates from government and that many of the mandates are unnecessary and burdensome and costly, but requiring a manufacturer to tell you if they are spying on you does not fall into that category.

And I have to say, in assessing the minimal burden--the disclosure burden--against the harm, I fall down on the side of individual liberty. I fall down on the side of privacy. I don't think the American people want their air fryer spying on them, and, at a minimum, they have the right to know if their air fryer is spying on them.

Now, I would note that my colleagues on both sides of the aisle agree. The Presiding Officer today serves on the Commerce Committee. This legislation passed the Commerce Committee by voice vote, with bipartisan support from both sides of the aisle. This should be a simple, easy, pro-privacy step to protect consumers.

For that reason, as in legislative session, I ask unanimous consent that the Committee on Commerce, Science, and Transportation be discharged from further consideration of H.R. 538 and that the Senate proceed to its immediate consideration; further, that the Cruz-Cantwell substitute amendment at the desk be considered and agreed to; that the bill, as amended, be considered read a third time and passed; and that the motion to reconsider be considered made and laid upon the table with no intervening action or debate.

Mr. President, I have listened to the objections of my friend from Kentucky, and I use that word as many do on this floor, although he is not listening to my response, but that is his choice.

The first time I ever spoke on the floor was in support of Senator Paul's filibuster in 2013. Senator Paul is fond of telling his constituents that he is a libertarian, that he defends privacy. I am not quite a libertarian. I am a conservative, but I have strong libertarian leanings. And I want to note the irony that Senator Paul, who has devoted his entire public career to defending liberty and defending privacy, just objected to protecting the privacy of over 300 million Americans. He just objected to Americans knowing whether they are being spied on at home. I have to admit it is truly flabbergasting.

I would like to invite my colleague Senator Paul to join me in front of a gathering of libertarians, and let's discuss with libertarians which side of the aisle you want to be on. Do you want to be on the side of Big Business' surreptitiously tape-recording, photographing, and videotaping you in your home or in your bedroom without your knowing about it or is a mild and nominal disclosure requirement simply saying, ``If you are going to tape-record someone or videotape them in their house, you have got to tell them,'' a justifiable burden?

I hope that, in time, reason will prevail, because we ought to be protecting privacy. This is a bill whereby, if we vote on it on the Senate floor, I am confident the vote would be 99 to 1. I am confident that every Senator except the Senator who just objected would support this bill. Protecting people's privacy is a good idea, and I hope the Senate can get there as a body.

I yield the floor.

Mr. President, I suggest the absence of a quorum.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise to speak in support of H.R. 538, the Informing Consumers about Smart Devices Act.

The Internet of Things revolution has ushered in a new age of convenience and efficiency for the American public. Smart thermostats can save consumers money by tracking and reporting home energy use and making recommendations about adjusting temperatures to meet consumers' needs. Smart refrigerators can provide recipe suggestions based on the contents of the refrigerator. Smart ovens can scan food to automatically optimize the cooking process. Smart coffee makers can brew a fresh pot of coffee just as you are getting out of bed.

The American consumer is embracing these technologies. Today, the average American home has 11 Internet of Things, or IOT, devices. Over a quarter of consumers have at least one home automation device. These are technologies that allow consumers to interconnect and control their various IOT devices from one platform.

Congress should also embrace these technologies, but we must ensure that the IOT revolution does not come at the expense of consumers' privacy. Troubling reports have uncovered that some IOT devices may record images or audio without the user's awareness. Researchers have revealed that some IOT devices may accidentally record users as many as 19 times a day, collecting as much as 43 seconds of audio each time. Robot vacuums have taken intimate images of unsuspecting consumers which eventually ended up online.

Mr. Speaker, we must take action to combat these threats to people's right to privacy. That is why I am proud to support the Informing Consumers about Smart Devices Act. This legislation will require manufacturers of IOT devices to alert consumers that a device includes a camera or microphone if a consumer would not reasonably expect the device to contain such features.

Last Congress, this bill was unanimously reported out of the Energy and Commerce Committee and passed the House with broad bipartisan support.

I thank Representative Seth Moulton for his leadership on this issue, and I encourage my colleagues to vote in favor of this bill.

While this bill addresses significant privacy concerns, it is also important that I note that we have to recommit to adopting a comprehensive privacy framework that protects all Americans and provides heightened protections for our children nationwide.

The American Data Privacy and Protection Act, which I authored last Congress with Chairwoman Rodgers, would do just that. It would ensure that consumers, wherever they reside in this country, will have meaningful control over their personal information and that children will have heightened privacy protections. It also provides clear and consistent rules of the road on privacy and data security to innovators, entrepreneurs, and small tech companies.

I appreciate that we are advancing today's legislation on a bipartisan basis. I know this legislation is important, but I also look forward to working with Chairwoman Rodgers to pass the American Data Privacy and Protection Act on a bipartisan basis in this Congress, as well.

Mr. Speaker, I reserve the balance of my time.

Mr. Speaker, I yield such time as he may consume to the gentleman from Massachusetts (Mr. Moulton), the Democratic sponsor of this legislation.

Mr. Speaker, I have no additional speakers.

Mr. Speaker, I will just close by saying I do think this is an important bill for consumers, and I thank the sponsors.

Mr. Speaker, I yield back the balance of my time.

Mr. Speaker, I was unable to cast votes on February 27, February 28, and March 1. Had I been present for the following roll call votes, I would have voter Aye for the following votes:

Roll Call No. 120, February 27, 2023: On Motion to Suspend the Rules and Agree, H. Res. 132--Responding to the earthquakes in Turkiye and Syria on February 6, 2023.

Roll Call No. 121, February 27, 2023: On Motion to Suspend the Rules and Pass H.R. 538--Informing Consumers about Smart Devices Act.

Roll Call No. 125, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Bost of Illinois Amendment No. 1.

Roll Call No. 126, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Boebert of Colorado Amendment No. 3.

Roll Call No. 127, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Jackson Lee of Texas Amendment No. 6.

Roll Call No. 128, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Jackson Lee of Texas Amendment No. 7; and

Roll Call No. 129, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Lee of Nevada Amendment No. 9. I would have voted Nay for the following votes:

Roll Call No. 122, February 28, 2023: On Ordering the Previous Question H. Res. 166--Providing for consideration of (H.R. 347) Reduce Exacerbated Inflation Negatively Impacting the Nation Act; (H.J. Res. 30) congressional disapproval under chapter 8 of title 5, U.S.C., of the rule submitted by the Dept. of Labor relating to Prudence & Loyalty in Selecting Plan Investments & Exercising Shareholder Rights;

Roll Call No. 123, February 28, 2023: On Agreeing to the Resolution H. Res. l66--Providing for consideration of (H.R. 347) Reduce

Exacerbated Inflation Negatively Impacting the Nation Act; (H.J. Res. 30) congressional disapproval under chapter 8 of title 5, U.S.C., of the rule submitted by the Dept. of Labor relating to Prudence & Loyalty in Selecting Plan Investments & Exercising Shareholder Rights;

Roll Call No. 124, February 28, 2023: On Passage H.J. Res. 30-- Providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Department of Labor relating to ``Prudence and Loyalty in Selecting Plan Investments and Exercising;

Roll Call No. 130, March 1, 2023: On Agreeing to the Amendment of H.R. 347--Roy of Texas Amendment No. 14; and

Roll Call No. 131, March 1, 2023: On Passage H.R. 347--Reduce Exacerbated Inflation Negatively Impacting the Nation Act.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 538) to require the disclosure of a camera or recording capability in certain internet-connected devices.

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days in which to revise and extend their remarks and include extraneous material on the bill.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise in support of H.R. 538, the Informing Consumers about Smart Devices Act.

This is a relatively straightforward bill. It requires the manufacturers of covered devices to clearly disclose if a device contains a camera or microphone.

Internet connected devices are becoming increasingly present in our lives, and it is important for people to understand what they are buying.

This legislation would allow the FTC to go after bad actors and provide compliance guidance to manufacturers of covered devices.

Not being recorded or monitored without permission is a basic tenet of privacy that we all have come to expect. Again, we have to get notification.

Given Senate Commerce Committee leadership has followed suit with a companion bill, I am hopeful this whets the appetite for bipartisan, bicameral action on comprehensive privacy protections for all Americans.

Mr. Speaker, I urge my colleagues to support this legislation, and I reserve the balance of my time.

Mr. Speaker, I yield 3 minutes to the gentleman from Utah (Mr. Curtis), a great member of the Energy and Commerce Committee and the sponsor of the bill.

Mr. Speaker, I have no other speakers, and I reserve the balance of my time.

Mr. Speaker, again, this is a commonsense bill, a necessary bill. It impacts our constituents. They need full disclosure. That is not too much to ask for.

Again, I urge my colleagues to unanimously support this for the second year in a row. Let's get it across the finish line, get it to the President's desk as soon as possible.

Mr. Speaker, I thank the sponsors of the bill, and I yield back the balance of my time.

Mr. Speaker, on that I demand the yeas and nays.

Mr. Speaker, I rise today to share my support for four important bills that were considered by the House on Monday: H. Res. 132, a resolution responding to the earthquakes in Turkiye and Syria on February 6, 2023; H.R. 538, Informing Consumers about Smart Devices Act; H.R. 1059, the SECURE Notarization Act of 2023; and H.R. 1108, To amend the Communications Act of 1934 to extend the authority of the Federal Communications Commission (FCC) to grant a license or construction permit through a system of competitive bidding.

Regrettably, I was unable to cast my votes for this legislation, but had I been able to, I would have voted to pass all four.

I had the pleasure of voting for the SECURE Notarization Act when this bill passed the House in the 117th Congress, and I would have gladly voted for it in the 118th Congress as well.

I regret having missed the vote on H.R. 1108, to extend the FCC's spectrum auction authority. In the 117th Congress, I introduced legislation to extend the FCC's spectrum auction authority through March of 2024, which passed the House in July 2022. However, only a short-term extension was included in the Consolidated Appropriations Act of 2023, and this bill would push that deadline back to May of 2023. This will give the FCC confidence to host upcoming auctions and to raise revenues for the federal government while Congress debates long-term action.