119-s28

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 28 Reported in Senate

    (RS) ]

<DOC>

 Calendar No. 47
119th CONGRESS
 1st Session
 S. 28

 Report No. 119-13]

 To require the disclosure of a camera or recording capability in 
 certain internet-connected devices.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 January 7, 2025

 Mr. Cruz (for himself, Ms. Cantwell, and Mr. Curtis) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Commerce, Science, and Transportation

 April 28, 2025

 Reported by Mr. Cruz, without amendment

_______________________________________________________________________

 A BILL

 To require the disclosure of a camera or recording capability in 
 certain internet-connected devices.

 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 ``Informing Consumers about Smart 
Devices Act''.

SEC. 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.

SEC. 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'') 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.).

    (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 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) )) visual 
representation of the information to be disclosed.
            (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.

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 Communications 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 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.
 Calendar No. 47

119th CONGRESS

 1st Session

 S. 28

 Report No. 119-13]

_______________________________________________________________________

 A BILL

 To require the disclosure of a camera or recording capability in 
 certain internet-connected devices.

_______________________________________________________________________

 April 28, 2025

 Reported without amendment