Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB90

Introduced
1/25/23  
Refer
1/25/23  

Caption

Informing Consumers about Smart Devices Act This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers prior to purchase that a camera or microphone is part of the device. The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.

Impact

If enacted, SB90 would significantly affect manufacturers of smart home devices, requiring them to comply with new disclosure requirements. This could lead to increased operational costs for manufacturers as they adapt to provide appropriate notices and potentially redesign products to enhance consumer visibility about embedded recording capabilities. On the enforcement side, the Federal Trade Commission will be tasked with monitoring compliance and taking action against brands that fail to inform customers properly, thus reinforcing consumer protection practices across the tech industry.

Summary

Senate Bill 90, titled the "Informing Consumers about Smart Devices Act," mandates that manufacturers of internet-connected devices disclosing whether their products contain cameras or microphones. The bill aims to enhance consumer awareness and protect privacy, addressing a growing concern over the increasing capabilities of smart devices to record and monitor user activity. By requiring clear disclosures prior to purchase, the legislation seeks to empower consumers to make informed choices about their privacy and the functionality of the devices they buy.

Sentiment

The sentiment surrounding SB90 appears to be generally supportive, particularly among privacy advocates and consumer rights organizations. Proponents argue that the bill is a necessary step towards greater transparency in the technology sector, which has often prioritized convenience over consumer privacy. However, some industry stakeholders express concern that the bill may impose undue burdens on manufacturers, potentially stifling innovation in an already rapidly evolving sector. The balance between consumer rights and corporate interests remains a crucial point of discussion.

Contention

Notable points of contention include the scope of the bill, particularly the exemption of devices that consumers typically expect to contain cameras and microphones, such as phones and laptops. Critics point out that this could create loopholes and confuse consumers about what to expect from emerging technologies. Additionally, the effectiveness of such disclosures in influencing consumer behavior is debated; there is a concern that without proper enforcement mechanisms, the intended protective aims of the legislation may not be realized fully.

Companion Bills

US HB538

Related bill Informing Consumers about Smart Devices Act

Previously Filed As

US HB538

Informing Consumers about Smart Devices Act

US HB859

Informing Consumers about Smart Devices Act

US SB28

Informing Consumers about Smart Devices Act

US A2951

"Microphone-Enabled Devices Act"; requires user consent before enabling device microphone.

US HB0254

Microphones in the house of representatives.

US HB413

Transparency Over Toys Spying Act or the TOTS Act This bill requires the Federal Trade Commission to issue rules requiring internet-connected toys to include a label indicating that the toy has the ability to connect to the internet and collect and transmit personal information of the user. The label must also indicate whether personal information collected by the toy is retained in the toy or by the manufacturer or another entity. Further, any user agreement or privacy policy associated with the toy must prominently state specified information about how personal information may be collected and used by the manufacturer or other entity. Internet-connected toys include entertainment devices that are targeted to, or likely to be operated by, children and are able to connect to the internet and collect and transmit personal information. The bill also authorizes the commission to enforce these rules.

US HB71

Medical Innovation Acceleration Act of 2023 This bill exempts noninvasive diagnostic devices from the regulatory authority of the Food and Drug Administration. The bill defines noninvasive diagnostic device as one that does not penetrate the skin or any other membrane of the body, is not inserted or implanted into the body, causes no more than ephemeral compression or temperature changes to in situ bodily tissues, and does not subject bodily tissues to ionizing radiation.

US HB10406

To amend the Federal Food, Drug, and Cosmetic Act to authorize requiring the manufacturers of a covered device to disclose to a patient all patient-specific data that is recorded or transmitted by the device and accessible to the manufacturer, and for other purposes.

US HB445

HHS Reproductive and Sexual Health Ombuds Act of 2023 This bill creates a position within the Department of Health and Human Services to support access to reproductive and sexual health services (including services relating to pregnancy and the termination of a pregnancy) that are evidence-based and medically accurate. Functions of the position include (1) educating the public about medication abortions and other sexual and reproductive health services, (2) collecting and analyzing data about consumer access to and health insurance coverage for those services, and (3) coordinating with the Federal Trade Commission on issues related to consumer protection and data privacy for those services.

US HB306

Ending Scam Credit Repair Act or the ESCRA ActThis bill revises the Credit Repair Organizations Act and creates additional requirements for credit repair organizations (CROs).Under current law, it is illegal for a person (including a CRO) to make false or misleading statements regarding a consumer’s creditworthiness or standing to a consumer reporting agency or to a consumer credit provider. The bill additionally prohibits making such statements to the Consumer Financial Protection Bureau, the Federal Trade Commission, or law enforcement. To be subject to this prohibition, the bill also requires such statements to be made knowingly.The bill also revises CRO obligations to consumers. A CRO is prohibited from charging a consumer for a service (e.g., getting inaccurate information removed from a credit report) until the CRO provides proof of success not less than six months after providing the service. The bill also requires additional disclosures to consumers, requires the retention of any recorded telephone calls, and increases the time records must be retained from two to five years. In addition, consumers must be given copies of all communications sent on their behalf.Under the bill, all persons must be licensed by a state to act as a CRO. The bill also restricts a CRO’s ability to submit multiple credit disputes regarding the same information.The bill also sets a minimum liability amount for damages of $500 for each violation of the Credit Repair Organizations Act.

Similar Bills

No similar bills found.