I 
115TH CONGRESS 
1ST SESSION 
H. R. 709 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 27, 2017 
Mr. CAPUANO introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To provide for notification to consumers before a video serv-
ice collects visual or auditory information from the view-
ing area and to provide consumers with choices that 
do not involve the collection of such information, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘We Are Watching You 
Act of 2017’’. 
SEC. 2. NOTIFICATION AND CONSUMER CHOICE. 
(a) NOTIFICATION.— 
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(1) IN GENERAL.—An operator of a video serv-
ice 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 program-
ming stream, a message that reads, ‘‘We are 
watching you.’’; and 
(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 re-
quired by paragraph (1)(A) shall be displayed— 
(A) continuously during the time informa-
tion is being collected; and 
(B) in a color, font, and size that are eas-
ily readable at a normal viewing distance. 
(3) 
DESCRIPTION
OF
INFORMATION
COL-
LECTED.— 
(A) IN
GENERAL.—The description re-
quired 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. 
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(B) DEVICE PROVIDED BY OPERATOR.—In 
the case of a video service that is accessed 
through a device sold or provided to the con-
sumer 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 sub-
paragraph (A). 
(b) CONSUMER CHOICE
OF ALTERNATIVE SERV-
ICE.— 
(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 con-
sumer, 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 de-
vice sold or provided to the consumer by the oper-
ator of the video service, the operator shall sell or 
provide in connection with the alternative service re-
quired by paragraph (1) a device that is not capable 
of collecting such information. 
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(c) REQUIREMENTS
FOR
INFORMATION
DISCLO-
SURE.—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 con-
sumer may only disclose such information— 
(1) with the express consent of the consumer; 
or 
(2) as required by a court order issued in con-
nection with a law enforcement investigation. 
(d) REGULATIONS.—The Commission may promul-
gate regulations in accordance with section 553 of title 
5, United States Code, to implement and enforce this sec-
tion. 
SEC. 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 Commis-
sion Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or de-
ceptive acts or practices. 
(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 Fed-
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eral Trade Commission Act (15 U.S.C. 41 et seq.) were 
incorporated into and made a part of this Act. Any person 
who violates such section or a regulation promulgated 
under such section shall be subject to the penalties and 
entitled to the privileges and immunities provided in the 
Federal Trade Commission Act. 
SEC. 4. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) OPERATOR.—The term ‘‘operator’’ means, 
with respect to a video service, the person with 
whom the consumer directly interacts to select and 
initiate the transmission of the video programming 
stream. 
(3) VIDEO SERVICE.—The term ‘‘video service’’ 
means the transmission of a video programming 
stream to consumers by means of the facilities of the 
operator of the service, the facilities of another per-
son, or any combination thereof. 
Æ 
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