Bill Details
S.28 - 119th Congress
Status
Latest action
2025-04-28 - Placed on Senate Legislative Calendar under General Orders. Calendar No. 47.
Introduced Date
2025-01-07
Policy Area
Commerce
Committees
View committees (1)
Sponsors
Cosponsors
7
0
0
AI Summary This summary was generated by AI from the bill text. AI can get information wrong.
This bill would require makers of certain internet-connected consumer products to clearly tell buyers before purchase if the device has a built-in camera or microphone. The goal is to make it easier for people to know when a smart device can record audio or video. The Federal Trade Commission would enforce the rule, and it would issue guidance to help companies follow it. The rule would not apply to products like phones, laptops, tablets, or devices that people would normally expect to have a camera or microphone.
- Manufacturers of covered devices would have to make the disclosure clear and easy to see before the customer buys the product.
- The FTC would treat violations as unfair or deceptive business practices and could enforce the rule using its normal powers.
- The FTC would also have to publish guidance within 180 days after the law takes effect to help companies make the notice clear, visible, and as age-appropriate as possible.
- The requirement would apply only to covered devices made after a set date, 180 days after the FTC issues its guidance, and would not affect products already made, sold, or shipped into interstate commerce before then.
Official Summaries
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 prior to purchase 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.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 28 Reported in Senate (RS)]
<DOC>
Calendar No. 47
119th CONGRESS
1st Session
S. 28
Report No. 119-13]
To require the disclosure of a camera or recording capability in
certain internet-connected devices.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 7, 2025
Mr. Cruz (for himself, Ms. Cantwell, and Mr. Curtis) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
April 28, 2025
Reported by Mr. Cruz, without amendment
_______________________________________________________________________
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, 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.
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 (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.
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 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.
Calendar No. 47
119th CONGRESS
1st Session
S. 28
Report No. 119-13]
_______________________________________________________________________
A BILL
To require the disclosure of a camera or recording capability in
certain internet-connected devices.
_______________________________________________________________________
April 28, 2025
Reported without amendment