SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Informing Consumers 
about Smart Devices Act’’. 
SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-
ING CAPABILITY IN CERTAIN INTERNET-CON-
NECTED DEVICES. 
Each manufacturer of a covered device shall disclose 
whether the covered device manufactured by the manufac-
turer contains a camera or microphone as a component 
of the covered device. 
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(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 pre-
scribed 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 Commis-
sion shall enforce this Act 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 et seq.) were incorporated into and 
made a part of this Act.
(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.). 
(c) COMMISSION GUIDANCE.—Not later than 180 
days after the date of enactment of this Act, the Commis-
sion, 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 sec-
tion 2 as clear and conspicuous as practicable. 
(d) TAILORED GUIDANCE.—A manufacturer of a cov-
ered device may petition the Commission, in a manner 
consistent with the rules of the Commission, for tailored 
guidance as to how to meet the requirements of section 
2. 
(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 local-
ity, nor shall operate to bind the Commission or any per-
son 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 guide-
lines, unless the Commission determines such practices ex-
pressly violate section 2. 
SEC. 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)) that is capable of connecting to 
the internet, a component of which is a camera or 
microphone; and 
(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 Communica-
tions Act of 1934 (47 U.S.C. 255; 617; 619;
and 303(aa) and (bb)), and any regulations 
promulgated thereunder. 
SEC. 5. EFFECTIVE DATE. 
This Act shall apply to all covered devices manufac-
tured 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. 
Passed the House of Representatives February 27, 
2023. 
Attest: 
Clerk.
118TH CONGRESS 
1ST SESSION 
H. R. 538 
AN ACT 
To require the disclosure of a camera or recording 
capability in certain internet-connected devices.