II 

118TH CONGRESS 

1ST SESSION S. 90 

To require the disclosure of a camera or recording capability in certain 

internet-connected devices. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25, 2023 

Mr. CRUZ (for himself and Ms. CANTWELL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To require the disclosure of a camera or recording capability 

in certain internet-connected devices. 

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 ‘‘Informing Consumers 

5 about Smart Devices Act’’. 

6 SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD7 ING CAPABILITY IN CERTAIN INTERNET-CON8 NECTED DEVICES. 

9 Each manufacturer of a covered device shall disclose, 

10 clearly and conspicuously and prior to purchase, whether 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 90 IS

1 the covered device manufactured by the manufacturer con2 tains a camera or microphone as a component of the cov3 ered device. 

4 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS5 SION. 

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

7 A violation of section 2 shall be treated as a violation of 

8 a rule defining an unfair or deceptive act or practice pre9 scribed under section 18(a)(1)(B) of the Federal Trade 

10 Commission Act (15 U.S.C. 57a(a)(1)(B)). 

11 (b) ACTIONS BY THE COMMISSION.— 

12 (1) IN GENERAL.—The Federal Trade Commis13 sion (in this Act referred to as the ‘‘Commission’’) 

14 shall enforce this Act in the same manner, by the 

15 same means, and with the same jurisdiction, powers, 

16 and duties as though all applicable terms and provi17 sions of the Federal Trade Commission Act (15 

18 U.S.C. 41 et seq.) were incorporated into and made 

19 a part of this Act. 

20 (2) PENALTIES AND PRIVILEGES.—Any person 

21 who violates this Act or a regulation promulgated 

22 under this Act shall be subject to the penalties and 

23 entitled to the privileges and immunities provided in 

24 the Federal Trade Commission Act (15 U.S.C. 41 et 

25 seq.). 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 90 IS

1 (3) SAVINGS CLAUSE.—Nothing in this Act 

2 shall be construed to limit the authority of the Com3 mission under any other provision of law. 

4 (c) COMMISSION GUIDANCE.—Not later than 180 

5 days after the date of enactment of this Act, the Commis6 sion, through outreach to relevant private entities, shall 

7 issue guidance to assist manufacturers in complying with 

8 the requirements of this Act, including guidance about 

9 best practices for making the disclosure required by sec10 tion 2 as clear and conspicuous as practicable. 

11 (d) TAILORED GUIDANCE.—A manufacturer of a cov12 ered device may petition the Commission for tailored guid13 ance as to how to meet the requirements of section 2 con14 sistent with existing rules of practice or any successor 

15 rules. 

16 (e) LIMITATION ON COMMISSION GUIDANCE.—No 

17 guidance issued by the Commission with respect to this 

18 Act shall confer any rights on any person, State, or local19 ity, nor shall operate to bind the Commission or any per20 son to the approach recommended in such guidance. In 

21 any enforcement action brought pursuant to this Act, the 

22 Commission shall allege a specific violation of a provision 

23 of this Act. The Commission may not base an enforcement 

24 action on, or execute a consent order based on, practices 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 90 IS

1 that are alleged to be inconsistent with any such guide2 lines, unless the practices allegedly violate section 2. 

3 SEC. 4. DEFINITION OF COVERED DEVICE. 

4 As used in this Act, the term ‘‘covered device’’— 

5 (1) means a consumer product, as defined by 

6 section 3(a) of the Consumer Product Safety Act 

7 (15 U.S.C. 2052(a)) that is capable of connecting to 

8 the internet, a component of which is a camera or 

9 microphone; and 

10 (2) does not include— 

11 (A) a telephone (including a mobile phone), 

12 a laptop, tablet, or any device that a consumer 

13 would reasonably expect to have a microphone 

14 or camera; 

15 (B) any device that is specifically marketed 

16 as a camera, telecommunications device, or 

17 microphone; or 

18 (C) any device or apparatus described in 

19 sections 255, 716, and 718, and subsections 

20 (aa) and (bb) of section 303 of the Communica21 tions Act of 1934 (47 U.S.C. 255; 617; 619; 

22 and 303(aa) and (bb)), and any regulations 

23 promulgated thereunder. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 90 IS

1 SEC. 5. EFFECTIVE DATE. 

2 This Act shall apply to all covered devices manufac3 tured after the date that is 180 days after the date on 

4 which guidance is issued by the Commission under section 

5 3(c), and shall not apply to covered devices manufactured 

6 or sold before such date, or otherwise introduced into 

7 interstate commerce before such date. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB