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Us Congress Senate Bill SB90

Us Congress 2023-2024 Regular Session

Us Congress Senate Bill SB90 Compare Versions

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11 II
2-Calendar No. 252
32 118THCONGRESS
43 1
54 STSESSION S. 90
6-[Report No. 118–114]
75 To require the disclosure of a camera or recording capability in certain
86 internet-connected devices.
97 IN THE SENATE OF THE UNITED STATES
108 JANUARY25, 2023
119 Mr. C
12-RUZ(for himself, Ms. CANTWELL, and Mr. WARNOCK) introduced the
13-following bill; which was read twice and referred to the Committee on
14-Commerce, Science, and Transportation
15-N
16-OVEMBER28, 2023
17-Reported by Ms. C
18-ANTWELL, with an amendment
19-[Omit the part struck through and insert the part printed in italic]
10+RUZ(for himself and Ms. CANTWELL) introduced the following bill;
11+which was read twice and referred to the Committee on Commerce,
12+Science, and Transportation
2013 A BILL
2114 To require the disclosure of a camera or recording capability
2215 in certain internet-connected devices.
2316 Be it enacted by the Senate and House of Representa-1
2417 tives of the United States of America in Congress assembled, 2
2518 SECTION 1. SHORT TITLE. 3
2619 This Act may be cited as the ‘‘Informing Consumers 4
2720 about Smart Devices Act’’. 5
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30-•S 90 RS
31-SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-1
32-ING CAPABILITY IN CERTAIN INTERNET-CON-2
33-NECTED DEVICES. 3
34-Each manufacturer of a covered device shall disclose, 4
35-clearly and conspicuously and prior to purchase, whether 5
36-the covered device manufactured by the manufacturer con-6
37-tains a camera or microphone as a component of the cov-7
38-ered device. 8
39-SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-9
40-SION. 10
21+SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-6
22+ING CAPABILITY IN CERTAIN INTERNET-CON-7
23+NECTED DEVICES. 8
24+Each manufacturer of a covered device shall disclose, 9
25+clearly and conspicuously and prior to purchase, whether 10
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28+•S 90 IS
29+the covered device manufactured by the manufacturer con-1
30+tains a camera or microphone as a component of the cov-2
31+ered device. 3
32+SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-4
33+SION. 5
4134 (a) U
42-NFAIR ORDECEPTIVEACTS ORPRACTICES.— 11
43-A violation of section 2 shall be treated as a violation of 12
44-a rule defining an unfair or deceptive act or practice pre-13
45-scribed under section 18(a)(1)(B) of the Federal Trade 14
46-Commission Act (15 U.S.C. 57a(a)(1)(B)). 15
35+NFAIR ORDECEPTIVEACTS ORPRACTICES.— 6
36+A violation of section 2 shall be treated as a violation of 7
37+a rule defining an unfair or deceptive act or practice pre-8
38+scribed under section 18(a)(1)(B) of the Federal Trade 9
39+Commission Act (15 U.S.C. 57a(a)(1)(B)). 10
4740 (b) A
48-CTIONS BY THECOMMISSION.— 16
41+CTIONS BY THECOMMISSION.— 11
4942 (1) I
50-N GENERAL.—The Federal Trade Commis-17
51-sion (in this Act referred to as the ‘‘Commission’’) 18
52-shall enforce this Act in the same manner, by the 19
53-same means, and with the same jurisdiction, powers, 20
54-and duties as though all applicable terms and provi-21
55-sions of the Federal Trade Commission Act (15 22
56-U.S.C. 41 et seq.) were incorporated into and made 23
57-a part of this Act. 24
43+N GENERAL.—The Federal Trade Commis-12
44+sion (in this Act referred to as the ‘‘Commission’’) 13
45+shall enforce this Act in the same manner, by the 14
46+same means, and with the same jurisdiction, powers, 15
47+and duties as though all applicable terms and provi-16
48+sions of the Federal Trade Commission Act (15 17
49+U.S.C. 41 et seq.) were incorporated into and made 18
50+a part of this Act. 19
5851 (2) P
59-ENALTIES AND PRIVILEGES .—Any person 25
60-who violates this Act or a regulation promulgated 26
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63-•S 90 RS
64-under this Act shall be subject to the penalties and 1
65-entitled to the privileges and immunities provided in 2
66-the Federal Trade Commission Act (15 U.S.C. 41 et 3
67-seq.). 4
68-(3) S
69-AVINGS CLAUSE.—Nothing in this Act 5
70-shall be construed to limit the authority of the Com-6
71-mission under any other provision of law. 7
52+ENALTIES AND PRIVILEGES .—Any person 20
53+who violates this Act or a regulation promulgated 21
54+under this Act shall be subject to the penalties and 22
55+entitled to the privileges and immunities provided in 23
56+the Federal Trade Commission Act (15 U.S.C. 41 et 24
57+seq.). 25
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60+•S 90 IS
61+(3) SAVINGS CLAUSE.—Nothing in this Act 1
62+shall be construed to limit the authority of the Com-2
63+mission under any other provision of law. 3
7264 (c) C
73-OMMISSIONGUIDANCE.—Not later than 180 8
74-days after the date of enactment of this Act, the Commis-9
75-sion, through outreach to relevant private entities, shall 10
76-issue guidance to assist manufacturers in complying with 11
77-the requirements of this Act, including guidance about 12
78-best practices for making the disclosure required by sec-13
79-tion 2 as
80-clearandconspicuousaspracticableclear and 14
81-conspicuous and age appropriate as practicable and about 15
82-best practices for the use of a pictorial (as defined in section 16
83-2(a) of the Consumer Review Fairness Act of 2016 (15 17
84-U.S.C. 45b(a))) visual representation of the information to 18
85-be disclosed. 19
65+OMMISSIONGUIDANCE.—Not later than 180 4
66+days after the date of enactment of this Act, the Commis-5
67+sion, through outreach to relevant private entities, shall 6
68+issue guidance to assist manufacturers in complying with 7
69+the requirements of this Act, including guidance about 8
70+best practices for making the disclosure required by sec-9
71+tion 2 as clear and conspicuous as practicable. 10
8672 (d) T
87-AILOREDGUIDANCE.—A manufacturer of a cov-20
88-ered device may petition the Commission for tailored guid-21
89-ance as to how to meet the requirements of section 2 con-22
90-sistent with existing rules of practice or any successor 23
91-rules. 24
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94-•S 90 RS
95-(e) LIMITATION ON COMMISSIONGUIDANCE.—No 1
96-guidance issued by the Commission with respect to this 2
97-Act shall confer any rights on any person, State, or local-3
98-ity, nor shall operate to bind the Commission or any per-4
99-son to the approach recommended in such guidance. In 5
100-any enforcement action brought pursuant to this Act, the 6
101-Commission shall allege a specific violation of a provision 7
102-of this Act. The Commission may not base an enforcement 8
103-action on, or execute a consent order based on, practices 9
104-that are alleged to be inconsistent with any such guide-10
105-lines, unless the practices allegedly violate section 2. 11
106-SEC. 4. DEFINITION OF COVERED DEVICE. 12
107-As used in this Act, the term ‘‘covered device’’— 13
108-(1) means a consumer product, as defined by 14
109-section 3(a) of the Consumer Product Safety Act 15
110-(15 U.S.C. 2052(a)) that is capable of connecting to 16
111-the internet, a component of which is a camera or 17
112-microphone; and 18
113-(2) does not include— 19
114-(A) a telephone (including a mobile phone), 20
115-a laptop, tablet, or any device that a consumer 21
116-would reasonably expect to have a microphone 22
117-or camera; 23
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120-•S 90 RS
121-(B) any device that is specifically marketed 1
122-as a camera, telecommunications device, or 2
123-microphone; or 3
124-(C) any device or apparatus described in 4
125-sections 255, 716, and 718, and subsections 5
126-(aa) and (bb) of section 303 of the Communica-6
127-tions Act of 1934 (47 U.S.C. 255; 617; 619; 7
128-and 303(aa) and (bb)), and any regulations 8
129-promulgated thereunder. 9
130-SEC. 5. EFFECTIVE DATE. 10
131-This Act shall apply to all covered devices manufac-11
132-tured after the date that is 180 days after the date on 12
133-which guidance is issued by the Commission under section 13
134-3(c), and shall not apply to covered devices manufactured 14
135-or sold before such date, or otherwise introduced into 15
136-interstate commerce before such date. 16
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139-252
140-118
141-TH
142-CONGRESS
143-1
144-ST
145-S
146-ESSION
147-
148-S. 90
149-[Report No. 118–114]
150-A BILL
151-To require the disclosure of a camera or recording
152-capability in certain internet-connected devices.
153-N
154-OVEMBER
155-28, 2023
156-Reported with an amendment
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73+AILOREDGUIDANCE.—A manufacturer of a cov-11
74+ered device may petition the Commission for tailored guid-12
75+ance as to how to meet the requirements of section 2 con-13
76+sistent with existing rules of practice or any successor 14
77+rules. 15
78+(e) L
79+IMITATION ON COMMISSIONGUIDANCE.—No 16
80+guidance issued by the Commission with respect to this 17
81+Act shall confer any rights on any person, State, or local-18
82+ity, nor shall operate to bind the Commission or any per-19
83+son to the approach recommended in such guidance. In 20
84+any enforcement action brought pursuant to this Act, the 21
85+Commission shall allege a specific violation of a provision 22
86+of this Act. The Commission may not base an enforcement 23
87+action on, or execute a consent order based on, practices 24
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90+•S 90 IS
91+that are alleged to be inconsistent with any such guide-1
92+lines, unless the practices allegedly violate section 2. 2
93+SEC. 4. DEFINITION OF COVERED DEVICE. 3
94+As used in this Act, the term ‘‘covered device’’— 4
95+(1) means a consumer product, as defined by 5
96+section 3(a) of the Consumer Product Safety Act 6
97+(15 U.S.C. 2052(a)) that is capable of connecting to 7
98+the internet, a component of which is a camera or 8
99+microphone; and 9
100+(2) does not include— 10
101+(A) a telephone (including a mobile phone), 11
102+a laptop, tablet, or any device that a consumer 12
103+would reasonably expect to have a microphone 13
104+or camera; 14
105+(B) any device that is specifically marketed 15
106+as a camera, telecommunications device, or 16
107+microphone; or 17
108+(C) any device or apparatus described in 18
109+sections 255, 716, and 718, and subsections 19
110+(aa) and (bb) of section 303 of the Communica-20
111+tions Act of 1934 (47 U.S.C. 255; 617; 619; 21
112+and 303(aa) and (bb)), and any regulations 22
113+promulgated thereunder. 23
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116+•S 90 IS
117+SEC. 5. EFFECTIVE DATE. 1
118+This Act shall apply to all covered devices manufac-2
119+tured after the date that is 180 days after the date on 3
120+which guidance is issued by the Commission under section 4
121+3(c), and shall not apply to covered devices manufactured 5
122+or sold before such date, or otherwise introduced into 6
123+interstate commerce before such date. 7
124+Æ
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