Informing Consumers about Smart Devices Act
This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers that a camera or microphone is part of the device.
The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4081 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4081
To require the disclosure of a camera or recording capability in
certain internet-connected devices.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 23, 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.
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 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 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.
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 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.
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Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Consumer Protection and Commerce.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 21 - 0 .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 53 - 0.
Reported by the Committee on Energy and Commerce. H. Rept. 117-509.
Reported by the Committee on Energy and Commerce. H. Rept. 117-509.
Placed on the Union Calendar, Calendar No. 383.
Mr. Pallone moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H8153-8154)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4081.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Pursuant to the provisions of H. Res. 1396, proceedings on H.R. 4081 are considered vacated.
Passed/agreed to in House: Pursuant to section 10 of H. Res. 1396, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 1638, as amended; H.R. 3304, as amended; H.R. 4081, as amended; H.R. 4821, as amended; H.R. 6889, as amended; H.R. 6967, as amended; H.R. 8163, as amended; H.R. 8510, as amended; H.R. 8681, as amended; H.R. 8875, as amended; H.R. 8956; S. 1198; and agree to the Senate amendments to H.R. 5641.
Pursuant to section 10 of H. Res. 1396, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 1638, as amended; H.R. 3304, as amended; H.R. 4081, as amended; H.R. 4821, as amended; H.R. 6889, as amended; H.R. 6967, as amended; H.R. 8163, as amended; H.R. 8510, as amended; H.R. 8681, as amended; H.R. 8875, as amended; H.R. 8956; S. 1198; and agree to the Senate amendments to H.R. 5641. (text: CR H8153-8154)
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.