We Are Watching You Act of 2017

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. Short title This Act may be cited as the We Are Watching You Act of 2017 2. Notification and consumer choice (a) Notification (1) In general An operator of a video service may not collect visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer unless the operator— (A) displays, as part of the video programming stream, a message that reads, We are watching you. (B) provides to the consumer a description of the types of information that will be collected and how such information will be used. (2) On-screen message The message required by paragraph (1)(A) shall be displayed— (A) continuously during the time information is being collected; and (B) in a color, font, and size that are easily readable at a normal viewing distance. (3) Description of information collected (A) In general The description required by paragraph (1)(B) shall be provided as part of the terms and conditions to which the consumer must agree before using the video service. (B) Device provided by operator In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service, the description required by paragraph (1)(B) shall be provided as part of the written instructions and other materials accompanying the device, in addition to being provided as required by subparagraph (A). (b) Consumer choice of alternative service (1) In general If an operator offers a video service involving the collection of visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer, such operator shall offer a video service that does not involve the collection of such information but is otherwise identical in all respects. (2) Device provided by operator In the case of a video service that is accessed through a device sold or provided to the consumer by the operator of the video service, the operator shall sell or provide in connection with the alternative service required by paragraph (1) a device that is not capable of collecting such information. (c) Requirements for information disclosure An operator of a video service that collects visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer may only disclose such information— (1) with the express consent of the consumer; or (2) as required by a court order issued in connection with a law enforcement investigation. (d) Regulations The Commission may promulgate regulations in accordance with section 553 of title 5, United States Code, to implement and enforce this section. 3. Enforcement by Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 or a regulation promulgated under such section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act 15 U.S.C. 57a(a)(1)(B) (b) Powers of Commission The Commission shall enforce section 2 and the regulations promulgated under such section 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 4. Definitions In this Act: (1) Commission The term Commission (2) Operator The term operator (3) Video service The term video service

Summary: We Are Watching You Act of 2017 This bill prohibits an operator of a video service from collecting visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer unless the operator: (1) displays, as part of the stream, a message that reads, "We are watching you"; and (2) describes to the consumer the types of information that will be collected and how such information will be used. The description of information collection must be provided: (1) as part of the terms and conditions to which the consumer must agree before using the video service; and (2) in the case of a video service accessed through a device sold or provided to the consumer by the operator, as part of the written instructions and other materials accompanying such device. Operators must offer an alternative video service that does not involve the collection of such information but is otherwise identical. Any devices provided in connection with such alternative service must be incapable of collecting such information. Operators may disclose such information only with the express consent of the consumer or as required by a court order in connection with a law enforcement investigation. Violations of this bill are to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.