II 

119TH CONGRESS 

1ST SESSION S. 28 

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 

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 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•S 28 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.). 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
3 

•S 28 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 and age appropriate as 

11 practicable and about best practices for the use of a pic12 torial (as defined in section 2(a) of the Consumer Review 

13 Fairness Act of 2016 (15 U.S.C. 45b(a))) visual represen14 tation of the information to be disclosed. 

15 (d) TAILORED GUIDANCE.—A manufacturer of a cov16 ered device may petition the Commission for tailored guid17 ance as to how to meet the requirements of section 2 con18 sistent with existing rules of practice or any successor 

19 rules. 

20 (e) LIMITATION ON COMMISSION GUIDANCE.—No 

21 guidance issued by the Commission with respect to this 

22 Act shall confer any rights on any person, State, or local23 ity, nor shall operate to bind the Commission or any per24 son to the approach recommended in such guidance. In 

25 any enforcement action brought pursuant to this Act, the 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
4 

•S 28 IS

1 Commission shall allege a specific violation of a provision 

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

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

4 that are alleged to be inconsistent with any such guide5 lines, unless the practices allegedly violate section 2. 

6 SEC. 4. DEFINITION OF COVERED DEVICE. 

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

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

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

10 (15 U.S.C. 2052(a)) that is capable of connecting to 

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

12 microphone; and 

13 (2) does not include— 

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

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

16 would reasonably expect to have a microphone 

17 or camera; 

18 (B) any device that is specifically marketed 

19 as a camera, telecommunications device, or 

20 microphone; or 

21 (C) any device or apparatus described in 

22 sections 255, 716, and 718, and subsections 

23 (aa) and (bb) of section 303 of the Communica24 tions Act of 1934 (47 U.S.C. 255; 617; 619; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
5 

•S 28 IS

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

2 promulgated thereunder. 

3 SEC. 5. EFFECTIVE DATE. 

4 This Act shall apply to all covered devices manufac5 tured after the date that is 180 days after the date on 

6 which guidance is issued by the Commission under section 

7 3(c), and shall not apply to covered devices manufactured 

8 or sold before such date, or otherwise introduced into 

9 interstate commerce before such date. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB