I 

118TH CONGRESS 

1ST SESSION H. R. 538 

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

internet-connected devices. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 26, 2023 

Mr. CURTIS (for himself and Mr. MOULTON) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

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 whether the covered device manufactured by the manufacVerDate Sep 11 2014 23:17 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H538.IH H538

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1 turer contains a camera or microphone as a component 

2 of the covered device. 

3 SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS4 SION. 

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

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

7 a rule defining an unfair or deceptive act or practice pre8 scribed under section 18(a)(1)(B) of the Federal Trade 

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

10 (b) ACTIONS BY THE COMMISSION.— 

11 (1) IN GENERAL.—The Federal Trade Commis12 sion shall enforce this Act in the same manner, by 

13 the same means, and with the same jurisdiction, 

14 powers, and duties as though all applicable terms 

15 and provisions of the Federal Trade Commission Act 

16 (15 U.S.C. 41 et seq.) were incorporated into and 

17 made a part of this Act. 

18 (2) PENALTIES AND PRIVILEGES.—Any person 

19 who violates this Act or a regulation promulgated 

20 under this Act shall be subject to the penalties and 

21 entitled to the privileges and immunities provided in 

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

23 seq.). 

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

25 days after the date of enactment of this Act, the CommisVerDate Sep 11 2014 23:17 Feb 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H538.IH H538

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1 sion, through outreach to relevant private entities, shall 

2 issue guidance to assist manufacturers in complying with 

3 the requirements of this Act, including guidance about 

4 best practices for making the disclosure required by sec5 tion 2 as clear and conspicuous as practicable. 

6 (d) TAILORED GUIDANCE.—A manufacturer of a cov7 ered device may petition the Commission, in a manner 

8 consistent with the rules of the Commission, for tailored 

9 guidance as to how to meet the requirements of section 

10 2. 

11 (e) LIMITATION ON COMMISSION GUIDANCE.—No 

12 guidance issued by the Commission with respect to this 

13 Act shall confer any rights on any person, State, or local14 ity, nor shall operate to bind the Commission or any per15 son to the approach recommended in such guidance. In 

16 any enforcement action brought pursuant to this Act, the 

17 Commission shall allege a specific violation of a provision 

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

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

20 that are alleged to be inconsistent with any such guide21 lines, unless the Commission determines such practices ex22 pressly violate section 2. 

23 SEC. 4. DEFINITION OF COVERED DEVICE. 

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


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

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

3 (15 U.S.C. 2052(a)) that is capable of connecting to 

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

5 microphone; and 

6 (2) does not include— 

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

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

9 would reasonably expect to have a microphone 

10 or camera; 

11 (B) any device that is specifically marketed 

12 as a camera, telecommunications device, or 

13 microphone; or 

14 (C) any device or apparatus described in 

15 sections 255, 716, and 718, and subsections 

16 (aa) and (bb) of section 303 of the Communica17 tions Act of 1934 (47 U.S.C. 255; 617; 619; 

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

19 promulgated thereunder. 

20 SEC. 5. EFFECTIVE DATE. 

21 This Act shall apply to all covered devices manufac22 tured after the date that is 180 days after the date on 

23 which guidance is issued by the Commission under section 

24 3(c), and shall not apply to covered devices manufactured 


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1 or sold before such date, or otherwise introduced into 

2 interstate commerce before such date. 

Æ 


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