TOTS Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 413 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 413

   To establish requirements for the labeling and user agreements of 
     internet-connected toys for children, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2023

 Mr. Edwards introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
   To establish requirements for the labeling and user agreements of 
     internet-connected toys for children, and for other purposes.

    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 ``Transparency Over Toys Spying Act'' 
or the ``TOTS Act''.

SEC. 2. LABELING AND USER AGREEMENT REQUIREMENTS FOR INTERNET-CONNECTED 
              TOYS.

    (a) Regulations.--Not later than 1 year after the date of the 
enactment of this Act, the Commission shall promulgate under section 
553 of title 5, United States Code, regulations that require a 
manufacturer introducing into interstate commerce an internet-connected 
toy to include--
            (1) on the packaging associated with the toy, a label that 
        clearly indicates--
                    (A) that the toy has the ability to--
                            (i) connect to the internet; and
                            (ii) collect and transmit the personal 
                        information of a user of the toy; and
                    (B) whether personal information collected by the 
                toy is retained--
                            (i) in the toy; or
                            (ii) by the manufacturer or another entity; 
                        and
            (2) in any user agreement or privacy policy associated with 
        the toy, highlighted information that is easy to read, is the 
        first text presented by the agreement or policy, and 
        describes--
                    (A) how personal information may be collected by 
                the toy and what personal information may be collected;
                    (B) what personal information may be retained in 
                the toy;
                    (C) what personal information may be transmitted 
                from the toy and to whom the personal information may 
                be transmitted;
                    (D) how transmitted personal information may be 
                provided to, retained, and used by the manufacturer or 
                another entity;
                    (E) any actions taken by the manufacturer to 
                minimize the collection, retention, or transmission of 
                personal information;
                    (F) the protections available to the user with 
                respect to collected, retained, or transmitted personal 
                information, including protections under Federal law; 
                and
                    (G) whether the toy can be used in a manner that 
                prevents the collection, retention, or transmission of 
                personal information, including without connection to 
                the internet or another internet-connected device.
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        a regulation promulgated under subsection (a) shall be treated 
        as a violation of a regulation under section 18(a)(1)(B) of the 
        Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding 
        unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce the 
        regulations promulgated under subsection (a) 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 such a regulation shall be subject to the 
        penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
    (c) Definitions.--In this section:
            (1) Internet-connected toy.--The term ``internet-connected 
        toy'' means a device--
                    (A) introduced into interstate commerce and 
                targeted to a child or likely to be operated by a 
                child;
                    (B) the purpose of which is entertainment or 
                amusement;
                    (C) that is able to be connected to the internet, 
                directly or through another internet-connected device; 
                and
                    (D) through which the personal information of a 
                child may be collected and transmitted to a person 
                other than the child or the parent of the child.
            (2) Personal information.--The term ``personal 
        information'' means individually identifiable information about 
        an individual, including--
                    (A) a first and last name;
                    (B) a home or other physical address, including 
                street name and name of a city or town;
                    (C) an e-mail address;
                    (D) a telephone number;
                    (E) a Social Security number;
                    (F) a photo, video, or audio recording;
                    (G) any other identifier that the Commission 
                determines permits the physical or online contacting of 
                a specific individual; or
                    (H) information concerning a child or the parents 
                of that child collected from the child and combined 
                with an identifier described in this paragraph.
            (3) Terms defined in children's online privacy protection 
        act of 1998.--The terms ``child'', ``Commission'', ``parent'', 
        and ``person'' have the meanings given each of those terms 
        respectively in section 1302 of the Children's Online Privacy 
        Protection Act of 1998 (15 U.S.C. 6501).
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