Informing Consumers about Smart Devices Act

To require the disclosure of a camera or recording capability in certain internet-connected devices. 1. Short title This Act may be cited as the Informing Consumers about Smart Devices Act 2. Required disclosure of a camera or recording capability in certain internet-connected devices Each manufacturer of a covered device shall disclose, clearly and conspicuously and prior to purchase, whether the covered device manufactured by the manufacturer contains a camera or microphone as a component of the covered device. 3. Enforcement by the Federal Trade Commission (a) Unfair or deceptive acts or practices A violation of section 2 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (b) Actions by the Commission (1) In general The Federal Trade Commission (in this Act referred to as the Commission 15 U.S.C. 41 et seq. (2) Penalties and privileges Any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (3) Savings clause Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. (c) Commission guidance Not later than 180 days after the date of enactment of this Act, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this Act, including guidance about best practices for making the disclosure required by section 2 as clear and conspicuous as practicable clear and conspicuous and age appropriate as practicable and about best practices for the use of a pictorial (as defined in section 2(a) of the Consumer Review Fairness Act of 2016 ( 15 U.S.C. 45b(a) (d) Tailored guidance A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of section 2 consistent with existing rules of practice or any successor rules. (e) Limitation on Commission Guidance No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate section 2. 4. Definition of covered device As used in this Act, the term covered device (1) means a consumer product, as defined by section 3(a) of the Consumer Product Safety Act ( 15 U.S.C. 2052(a) (2) does not include— (A) a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; (B) any device that is specifically marketed as a camera, telecommunications device, or microphone; or (C) any device or apparatus described in sections 255, 716, and 718, and subsections (aa) and (bb) of section 303 of the Communications Act of 1934 ( 47 U.S.C. 255 5. Effective date This Act shall apply to all covered devices manufactured after the date that is 180 days after the date on which guidance is issued by the Commission under section 3(c), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date. November 28, 2023 Reported with an amendment

Summary: Informing Consumers about Smart Devices Act This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers prior to purchase that a camera or microphone is part of the device. The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.