Title: We Are Watching You Act of 2017
Policy area: Commerce

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.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 709 Introduced in House (IH)]

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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 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.

    Be it enacted by the Senate and House of Representatives 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.--
            (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.''; 
                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 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.

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 Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or 
deceptive 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 Federal 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 person, or any combination thereof.
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