Informing Consumers about Smart Devices Act in plain language
1: Short title
This section would give the Act the short title "Informing Consumers about Smart Devices Act."
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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
This section would require every manufacturer of a covered device to disclose, clearly and conspicuously and before the device is purchased, whether the covered device it makes contains a camera or a microphone as one of its components.
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2. 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.
3: Enforcement by the Federal Trade Commission
This section would set up enforcement of the Act by the Federal Trade Commission (the Commission). A violation of the disclosure requirement in section 2 would be treated as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission Act. The Commission would enforce this Act using the same manner, means, and jurisdiction, powers, and duties it has under the Federal Trade Commission Act, as if that Act's provisions were incorporated into and made part of this Act. A person who violates this Act or a regulation issued under it would be subject to the penalties, and entitled to the privileges and immunities, provided in the Federal Trade Commission Act. Nothing in this Act would be read to limit the Commission's authority under any other law. Not later than 180 days after this Act is enacted, the Commission would have to conduct outreach to relevant private entities and issue guidance to help manufacturers comply with this Act, including guidance on best practices for making the section 2 disclosure as clear, conspicuous, and age appropriate as practicable, and on best practices for using a pictorial visual representation (as defined in section 2(a) of the Consumer Review Fairness Act of 2016) of the disclosed information. A manufacturer of a covered device could petition the Commission for guidance tailored to how that manufacturer can meet the section 2 requirements consistent with the Commission's existing rules of practice or any rules that later replace them. Guidance the Commission issues under this Act would not confer any rights on any person, state, or locality, and would not bind the Commission or any person to the approach the guidance recommends. In any enforcement action brought under this Act, the Commission would have to allege a specific violation of a provision of this Act, and could not base an enforcement action, or execute a consent order, on practices alleged only to be inconsistent with the guidance, unless those practices are also alleged to violate section 2.
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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 (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. (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. ). (3) Savings clause Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (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 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. (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 consistent with existing rules of practice or any successor rules. (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 practices allegedly violate section 2.
4: Definition of covered device
This section would define a covered device, for purposes of this Act, as a consumer product, as defined in section 3(a) of the Consumer Product Safety Act, that is capable of connecting to the internet and that has a camera or microphone as one of its components. The term would not include a telephone, including a mobile phone, a laptop, a tablet, or any device that a consumer would reasonably expect to have a microphone or camera; a device that is specifically marketed as a camera, a telecommunications device, or a 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, and any regulations issued under those provisions.
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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 section would apply the Act's requirements only to covered devices manufactured after the date that is 180 days after the Commission issues the guidance required under section 3(c). The Act would not apply to covered devices manufactured or sold before that date, or otherwise introduced into interstate commerce before that date.
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5. 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.