II
Calendar No. 252
118th CONGRESS
1st Session
S. 90
[Report No. 118–114]
IN THE SENATE OF THE UNITED STATES
January 25, 2023
Mr. Cruz (for himself, Ms. Cantwell, and Mr. Warnock) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
November 28, 2023
Reported by Ms. Cantwell, with an amendment
Omit the part struck through and insert the part printed in italic
A BILL
To require the disclosure of a camera or recording capability in certain internet-connected devices.
Short title
This Act may be cited as the Informing Consumers about Smart Devices Act
.
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.
Enforcement by the Federal Trade Commission
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)).
Actions by the Commission
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.
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.).
Savings clause
Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.
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 practicableclear 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.
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.
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.
Definition of covered device
As used in this Act, the term covered device—
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
does not include—
a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera;
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.
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.
November 28, 2023
Reported with an amendment