I 
110TH CONGRESS 
1ST SESSION H. R. 1015 
To require automobile dealers to disclose to consumers the presence of event 
data recorders, or ‘‘black boxes’’, on new automobiles, and to require 
manufacturers to provide the consumer with the option to enable and 
disable such devices on future automobiles. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2007 
Mr. CAPUANO introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To require automobile dealers to disclose to consumers the 
presence of event data recorders, or ‘‘black boxes’’, on 
new automobiles, and to require manufacturers to pro-
vide the consumer with the option to enable and disable 
such devices on future automobiles. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds the following: 
(1) From the standpoint of consumer privacy 
rights, most consumers are not aware that their ve-
hicles are recording data that not only may be used 
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to aid traffic safety analyses, but has the potential 
of being used against them in a civil or criminal pro-
ceeding, or by their insurer to increase rates. 
(2) There exists no Federal law clarifying the 
rights of a vehicle owner to ownership of the re-
corded data and, in the absence of Federal direction, 
States have begun to create different standards of 
ownership and rights for recorded data. 
SEC. 2. OWNERSHIP AND RETRIEVAL OF EVENT DATA RE-
CORDER DATA. 
Any event data recorder in a vehicle and any data 
recorded on any event data recorder in a vehicle shall be 
considered the property of the owner of the vehicle. It shall 
be unlawful for any person other than the owner of the 
motor vehicle to download or otherwise retrieve data that 
is recorded on any event data recorder except under one 
of the following circumstances: 
(1) The owner of the motor vehicle or the own-
er’s agent or legal representative consents to the re-
trieval of the information. 
(2) In response to an order of a court having 
jurisdiction to issue the order. 
(3) The data is retrieved by a motor vehicle 
dealer, or by an automotive technician for the pur-
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pose of diagnosing, servicing, or repairing the motor 
vehicle. 
(4) For the purpose of improving motor vehicle 
safety, including medical research on the human 
body’s reaction to motor vehicle accidents, provided 
that the identity of the registered owner or driver is 
not disclosed in connection with that retrieved data. 
SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON 
NEW AUTOMOBILES. 
It shall be unlawful for any person to manufacture 
for sale, sell, offer for sale, introduce, or deliver into inter-
state commerce, or import into the United States, a new 
automobile manufactured after 2009 (and bearing a model 
year of 2010 or later) that is equipped with an event data 
recorder, unless such event data recorder includes a func-
tion whereby the consumer has the option to enable or 
disable the recording function of the event data recorder. 
Once disabled, the recording function shall not resume 
functioning until the consumer elects to enable such func-
tioning. 
SEC. 4. ENFORCEMENT. 
(a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE-
CEPTIVE ACTS OR PRACTICES.—A violation of section 2 
or 3 shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
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18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). 
(b) FEDERAL TRADE COMMISSION AUTHORITY.— 
The Federal Trade Commission 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. 
SEC. 5. DEFINITIONS. 
As used in this Act: 
(1) The term ‘‘consumer’’ has the meaning 
given the term ‘‘ultimate purchaser’’ in section 2 of 
the Automobile Information Disclosure Act (15 
U.S.C. 1231). 
(2) The term ‘‘dealer’’ has the meaning given 
that term in section 30102(a) of title 49, United 
States Code. 
(3) The term ‘‘event data recorder’’ means any 
device or means of technology installed in an auto-
mobile that records information such as vehicle 
speed, seatbelt use, application of brakes or other in-
formation pertinent to the operation of the auto-
mobile. 
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(4) The terms ‘‘manufacturer’’ and ‘‘new auto-
mobile’’ have the meanings given those terms in sec-
tion 2 of the Automobile Information Disclosure Act 
(15 U.S.C. 1231). 
SEC. 6. EFFECTIVE DATE. 
This Act shall take effect 180 days after the date of 
enactment of this Act. 
Æ 
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