I 

113TH CONGRESS 

1ST SESSION H. R. 2356 

To provide for notification to consumers before a video service collects visual 

or auditory information from the viewing area and to provide consumers 

with choices that do not involve the collection of such information, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 13, 2013 

Mr. CAPUANO (for himself and Mr. JONES) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To provide for notification to consumers before a video service collects visual or auditory information from the viewing area and to provide consumers with choices that 

do not involve the collection of such information, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘We Are Watching You 

5 Act of 2013’’. 

6 SEC. 2. NOTIFICATION AND CONSUMER CHOICE. 

7 (a) NOTIFICATION.— 


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1 (1) IN GENERAL.—An operator of a video serv2 ice may not collect visual or auditory information 

3 from the vicinity of the device used to display the 

4 video programming stream to the consumer unless 

5 the operator— 

6 (A) displays, as part of the video program7 ming stream, a message that reads, ‘‘We are 

8 watching you.’’; and 

9 (B) provides to the consumer a description 

10 of the types of information that will be collected 

11 and how such information will be used. 

12 (2) ON-SCREEN MESSAGE.—The message re13 quired by paragraph (1)(A) shall be displayed— 

14 (A) continuously during the time informa15 tion is being collected; and 

16 (B) in a color, font, and size that are eas17 ily readable at a normal viewing distance. 

18 (3) DESCRIPTION OF INFORMATION COL19 LECTED.— 

20 (A) IN GENERAL.—The description re21 quired by paragraph (1)(B) shall be provided as 

22 part of the terms and conditions to which the 

23 consumer must agree before using the video 

24 service. 


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1 (B) DEVICE PROVIDED BY OPERATOR.—In 

2 the case of a video service that is accessed 

3 through a device sold or provided to the con4 sumer by the operator of the video service, the 

5 description required by paragraph (1)(B) shall 

6 be provided as part of the written instructions 

7 and other materials accompanying the device, in 

8 addition to being provided as required by sub9 paragraph (A). 

10 (b) CONSUMER CHOICE OF ALTERNATIVE SERV11 ICE.— 

12 (1) IN GENERAL.—If an operator offers a video 

13 service involving the collection of visual or auditory 

14 information from the vicinity of the device used to 

15 display the video programming stream to the con16 sumer, such operator shall offer a video service that 

17 does not involve the collection of such information 

18 but is otherwise identical in all respects. 

19 (2) DEVICE PROVIDED BY OPERATOR.—In the 

20 case of a video service that is accessed through a de21 vice sold or provided to the consumer by the oper22 ator of the video service, the operator shall sell or 

23 provide in connection with the alternative service re24 quired by paragraph (1) a device that is not capable 

25 of collecting such information. 


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1 (c) REQUIREMENTS FOR INFORMATION DISCLO2 SURE.—An operator of a video service that collects visual 

3 or auditory information from the vicinity of the device 

4 used to display the video programming stream to the con5 sumer may only disclose such information— 

6 (1) with the express consent of the consumer; 

7 or 

8 (2) as required by a court order issued in con9 nection with a law enforcement investigation. 

10 (d) REGULATIONS.—The Commission may promul11 gate regulations in accordance with section 553 of title 

12 5, United States Code, to implement and enforce this sec13 tion. 

14 SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

15 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

16 A violation of section 2 or a regulation promulgated under 

17 such section shall be treated as a violation of a regulation 

18 under section 18(a)(1)(B) of the Federal Trade Commis19 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or de20 ceptive acts or practices. 

21 (b) POWERS OF COMMISSION.—The Commission 

22 shall enforce section 2 and the regulations promulgated 

23 under such section in the same manner, by the same 

24 means, and with the same jurisdiction, powers, and duties 

25 as though all applicable terms and provisions of the FedVerDate Mar 15 2010 23:08 Jun 19, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2356.IH H2356

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1 eral Trade Commission Act (15 U.S.C. 41 et seq.) were 

2 incorporated into and made a part of this Act. Any person 

3 who violates such section or a regulation promulgated 

4 under such section shall be subject to the penalties and 

5 entitled to the privileges and immunities provided in the 

6 Federal Trade Commission Act. 

7 SEC. 4. DEFINITIONS. 

8 In this Act: 

9 (1) COMMISSION.—The term ‘‘Commission’’ 

10 means the Federal Trade Commission. 

11 (2) OPERATOR.—The term ‘‘operator’’ means, 

12 with respect to a video service, the person with 

13 whom the consumer directly interacts to select and 

14 initiate the transmission of the video programming 

15 stream. 

16 (3) VIDEO SERVICE.—The term ‘‘video service’’ 

17 means the transmission of a video programming 

18 stream to consumers by means of the facilities of the 

19 operator of the service, the facilities of another per20 son, or any combination thereof. 

Æ 


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