Us Congress 2023-2024 Regular Session

Us Congress House Bill HB538 Compare Versions

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Old	New		Differences
	1	+	I
1	2		118THCONGRESS
2	3		1
3	4		STSESSION H. R. 538
4		-	AN ACT
	5	+	To require the disclosure of a camera or recording capability in certain
	6	+	internet-connected devices.
	7	+	IN THE HOUSE OF REPRESENTATIVES
	8	+	JANUARY26, 2023
	9	+	Mr. C
	10	+	URTIS(for himself and Mr. MOULTON) introduced the following bill;
	11	+	which was referred to the Committee on Energy and Commerce
	12	+	A BILL
5	13		To require the disclosure of a camera or recording capability
6	14		in certain internet-connected devices.
7	15		Be it enacted by the Senate and House of Representa-1
8		-	tives of the United States of America in Congress assembled, 2 2
9		-	•HR 538 EH
10		-	SECTION 1. SHORT TITLE. 1
11		-	This Act may be cited as the ‘‘Informing Consumers 2
12		-	about Smart Devices Act’’. 3
13		-	SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-4
14		-	ING CAPABILITY IN CERTAIN INTERNET-CON-5
15		-	NECTED DEVICES. 6
16		-	Each manufacturer of a covered device shall disclose 7
17		-	whether the covered device manufactured by the manufac-8
18		-	turer contains a camera or microphone as a component 9
19		-	of the covered device. 10
20		-	SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-11
21		-	SION. 12
	16	+	tives of the United States of America in Congress assembled, 2
	17	+	SECTION 1. SHORT TITLE. 3
	18	+	This Act may be cited as the ‘‘Informing Consumers 4
	19	+	about Smart Devices Act’’. 5
	20	+	SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-6
	21	+	ING CAPABILITY IN CERTAIN INTERNET-CON-7
	22	+	NECTED DEVICES. 8
	23	+	Each manufacturer of a covered device shall disclose 9
	24	+	whether the covered device manufactured by the manufac-10
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	27	+	•HR 538 IH
	28	+	turer contains a camera or microphone as a component 1
	29	+	of the covered device. 2
	30	+	SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-3
	31	+	SION. 4
22	32		(a) U
23		-	NFAIR ORDECEPTIVEACTS ORPRACTICES.— 13
24		-	A violation of section 2 shall be treated as a violation of 14
25		-	a rule defining an unfair or deceptive act or practice pre-15
26		-	scribed under section 18(a)(1)(B) of the Federal Trade 16
27		-	Commission Act (15 U.S.C. 57a(a)(1)(B)). 17
	33	+	NFAIR ORDECEPTIVEACTS ORPRACTICES.— 5
	34	+	A violation of section 2 shall be treated as a violation of 6
	35	+	a rule defining an unfair or deceptive act or practice pre-7
	36	+	scribed under section 18(a)(1)(B) of the Federal Trade 8
	37	+	Commission Act (15 U.S.C. 57a(a)(1)(B)). 9
28	38		(b) A
29		-	CTIONS BY THECOMMISSION.— 18
	39	+	CTIONS BY THECOMMISSION.— 10
30	40		(1) I
31		-	N GENERAL.—The Federal Trade Commis-19
32		-	sion shall enforce this Act in the same manner, by 20
33		-	the same means, and with the same jurisdiction, 21
34		-	powers, and duties as though all applicable terms 22
35		-	and provisions of the Federal Trade Commission Act 23
36		-	(15 U.S.C. 41 et seq.) were incorporated into and 24
37		-	made a part of this Act. ~~25 3~~
38		-	~~•HR 538 EH~~
39		-	~~(2) PENALTIES~~ AND PRIVILEGES .—Any person 1
40		-	who violates this Act or a regulation promulgated 2
41		-	under this Act shall be subject to the penalties and 3
42		-	entitled to the privileges and immunities provided in 4
43		-	the Federal Trade Commission Act (15 U.S.C. 41 et 5
44		-	seq.). 6
	41	+	N GENERAL.—The Federal Trade Commis-11
	42	+	sion shall enforce this Act in the same manner, by 12
	43	+	the same means, and with the same jurisdiction, 13
	44	+	powers, and duties as though all applicable terms 14
	45	+	and provisions of the Federal Trade Commission Act 15
	46	+	(15 U.S.C. 41 et seq.) were incorporated into and 16
	47	+	made a part of this Act. 17
	48	+	(2) P
	49	+	ENALTIES AND PRIVILEGES .—Any person 18
	50	+	who violates this Act or a regulation promulgated 19
	51	+	under this Act shall be subject to the penalties and 20
	52	+	entitled to the privileges and immunities provided in 21
	53	+	the Federal Trade Commission Act (15 U.S.C. 41 et 22
	54	+	seq.). 23
45	55		(c) C
46		-	OMMISSIONGUIDANCE.—Not later than 180 7
47		-	days after the date of enactment of this Act, the Commis-8
48		-	sion, through outreach to relevant private entities, shall 9
49		-	issue guidance to assist manufacturers in complying with 10
50		-	the requirements of this Act, including guidance about 11
51		-	best practices for making the disclosure required by sec-12
52		-	tion 2 as clear and conspicuous as practicable. 13
	56	+	OMMISSIONGUIDANCE.—Not later than 180 24
	57	+	days after the date of enactment of this Act, the Commis-25
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	60	+	•HR 538 IH
	61	+	sion, through outreach to relevant private entities, shall 1
	62	+	issue guidance to assist manufacturers in complying with 2
	63	+	the requirements of this Act, including guidance about 3
	64	+	best practices for making the disclosure required by sec-4
	65	+	tion 2 as clear and conspicuous as practicable. 5
53	66		(d) T
54		-	AILOREDGUIDANCE.—A manufacturer of a cov-14
55		-	ered device may petition the Commission, in a manner 15
56		-	consistent with the rules of the Commission, for tailored 16
57		-	guidance as to how to meet the requirements of section 17
58		-	2. 18
	67	+	AILOREDGUIDANCE.—A manufacturer of a cov-6
	68	+	ered device may petition the Commission, in a manner 7
	69	+	consistent with the rules of the Commission, for tailored 8
	70	+	guidance as to how to meet the requirements of section 9
	71	+	2. 10
59	72		(e) L
60		-	IMITATION ON COMMISSIONGUIDANCE.—No 19
61		-	guidance issued by the Commission with respect to this 20
62		-	Act shall confer any rights on any person, State, or local-21
63		-	ity, nor shall operate to bind the Commission or any per-22
64		-	son to the approach recommended in such guidance. In 23
65		-	any enforcement action brought pursuant to this Act, the 24
66		-	Commission shall allege a specific violation of a provision 25 4
67		-	•HR 538 EH
68		-	of this Act. The Commission may not base an enforcement 1
69		-	action on, or execute a consent order based on, practices 2
70		-	that are alleged to be inconsistent with any such guide-3
71		-	lines, unless the Commission determines such practices ex-4
72		-	pressly violate section 2. 5
73		-	SEC. 4. DEFINITION OF COVERED DEVICE. 6
74		-	As used in this Act, the term ‘‘covered device’’— 7
75		-	(1) means a consumer product, as defined by 8
76		-	section 3(a) of the Consumer Product Safety Act 9
77		-	(15 U.S.C. 2052(a)) that is capable of connecting to 10
78		-	the internet, a component of which is a camera or 11
79		-	microphone; and 12
80		-	(2) does not include— 13
81		-	(A) a telephone (including a mobile phone), 14
82		-	a laptop, tablet, or any device that a consumer 15
83		-	would reasonably expect to have a microphone 16
84		-	or camera; 17
85		-	(B) any device that is specifically marketed 18
86		-	as a camera, telecommunications device, or 19
87		-	microphone; or 20
88		-	(C) any device or apparatus described in 21
89		-	sections 255, 716, and 718, and subsections 22
90		-	(aa) and (bb) of section 303 of the Communica-23
91		-	tions Act of 1934 (47 U.S.C. 255; 617; 619; 24 5
92		-	•HR 538 EH
93		-	and 303(aa) and (bb)), and any regulations 1
94		-	promulgated thereunder. 2
95		-	SEC. 5. EFFECTIVE DATE. 3
96		-	This Act shall apply to all covered devices manufac-4
97		-	tured after the date that is 180 days after the date on 5
98		-	which guidance is issued by the Commission under section 6
99		-	3(c), and shall not apply to covered devices manufactured 7
100		-	or sold before such date, or otherwise introduced into 8
101		-	interstate commerce before such date. 9
102		-	Passed the House of Representatives February 27,
103		-	2023.
104		-	Attest:
105		-	Clerk. 118
106		-	TH
107		-	CONGRESS
108		-	1
109		-	ST
110		-	S
111		-	ESSION
112		-
113		-	H. R. 538
114		-	AN ACT
115		-	To require the disclosure of a camera or recording
116		-	capability in certain internet-connected devices.
	73	+	IMITATION ON COMMISSIONGUIDANCE.—No 11
	74	+	guidance issued by the Commission with respect to this 12
	75	+	Act shall confer any rights on any person, State, or local-13
	76	+	ity, nor shall operate to bind the Commission or any per-14
	77	+	son to the approach recommended in such guidance. In 15
	78	+	any enforcement action brought pursuant to this Act, the 16
	79	+	Commission shall allege a specific violation of a provision 17
	80	+	of this Act. The Commission may not base an enforcement 18
	81	+	action on, or execute a consent order based on, practices 19
	82	+	that are alleged to be inconsistent with any such guide-20
	83	+	lines, unless the Commission determines such practices ex-21
	84	+	pressly violate section 2. 22
	85	+	SEC. 4. DEFINITION OF COVERED DEVICE. 23
	86	+	As used in this Act, the term ‘‘covered device’’— 24
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	89	+	•HR 538 IH
	90	+	(1) means a consumer product, as defined by 1
	91	+	section 3(a) of the Consumer Product Safety Act 2
	92	+	(15 U.S.C. 2052(a)) that is capable of connecting to 3
	93	+	the internet, a component of which is a camera or 4
	94	+	microphone; and 5
	95	+	(2) does not include— 6
	96	+	(A) a telephone (including a mobile phone), 7
	97	+	a laptop, tablet, or any device that a consumer 8
	98	+	would reasonably expect to have a microphone 9
	99	+	or camera; 10
	100	+	(B) any device that is specifically marketed 11
	101	+	as a camera, telecommunications device, or 12
	102	+	microphone; or 13
	103	+	(C) any device or apparatus described in 14
	104	+	sections 255, 716, and 718, and subsections 15
	105	+	(aa) and (bb) of section 303 of the Communica-16
	106	+	tions Act of 1934 (47 U.S.C. 255; 617; 619; 17
	107	+	and 303(aa) and (bb)), and any regulations 18
	108	+	promulgated thereunder. 19
	109	+	SEC. 5. EFFECTIVE DATE. 20
	110	+	This Act shall apply to all covered devices manufac-21
	111	+	tured after the date that is 180 days after the date on 22
	112	+	which guidance is issued by the Commission under section 23
	113	+	3(c), and shall not apply to covered devices manufactured 24
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	116	+	•HR 538 IH
	117	+	or sold before such date, or otherwise introduced into 1
	118	+	interstate commerce before such date. 2
	119	+	Æ
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