II
Calendar No. 252
118THCONGRESS
1
STSESSION S. 90
[Report No. 118–114]
To require the disclosure of a camera or recording capability in certain
internet-connected devices.
IN THE SENATE OF THE UNITED STATES
JANUARY25, 2023
Mr. C
RUZ(for himself, Ms. CANTWELL, and Mr. WARNOCK) introduced the
following bill; which was read twice and referred to the Committee on
Commerce, Science, and Transportation
N
OVEMBER28, 2023
Reported by Ms. C
ANTWELL, with an amendment
[Omit the part struck through and insert the part printed in italic]
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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Informing Consumers 4
about Smart Devices Act’’. 5
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•S 90 RS
SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-1
ING CAPABILITY IN CERTAIN INTERNET-CON-2
NECTED DEVICES. 3
Each manufacturer of a covered device shall disclose, 4
clearly and conspicuously and prior to purchase, whether 5
the covered device manufactured by the manufacturer con-6
tains a camera or microphone as a component of the cov-7
ered device. 8
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-9
SION. 10
(a) U
NFAIR ORDECEPTIVEACTS ORPRACTICES.— 11
A violation of section 2 shall be treated as a violation of 12
a rule defining an unfair or deceptive act or practice pre-13
scribed under section 18(a)(1)(B) of the Federal Trade 14
Commission Act (15 U.S.C. 57a(a)(1)(B)). 15
(b) A
CTIONS BY THECOMMISSION.— 16
(1) I
N GENERAL.—The Federal Trade Commis-17
sion (in this Act referred to as the ‘‘Commission’’) 18
shall enforce this Act in the same manner, by the 19
same means, and with the same jurisdiction, powers, 20
and duties as though all applicable terms and provi-21
sions of the Federal Trade Commission Act (15 22
U.S.C. 41 et seq.) were incorporated into and made 23
a part of this Act. 24
(2) P
ENALTIES AND PRIVILEGES .—Any person 25
who violates this Act or a regulation promulgated 26
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•S 90 RS
under this Act shall be subject to the penalties and 1
entitled to the privileges and immunities provided in 2
the Federal Trade Commission Act (15 U.S.C. 41 et 3
seq.). 4
(3) S
AVINGS CLAUSE.—Nothing in this Act 5
shall be construed to limit the authority of the Com-6
mission under any other provision of law. 7
(c) C
OMMISSIONGUIDANCE.—Not later than 180 8
days after the date of enactment of this Act, the Commis-9
sion, through outreach to relevant private entities, shall 10
issue guidance to assist manufacturers in complying with 11
the requirements of this Act, including guidance about 12
best practices for making the disclosure required by sec-13
tion 2 as
clearandconspicuousaspracticableclear and 14
conspicuous and age appropriate as practicable and about 15
best practices for the use of a pictorial (as defined in section 16
2(a) of the Consumer Review Fairness Act of 2016 (15 17
U.S.C. 45b(a))) visual representation of the information to 18
be disclosed. 19
(d) T
AILOREDGUIDANCE.—A manufacturer of a cov-20
ered device may petition the Commission for tailored guid-21
ance as to how to meet the requirements of section 2 con-22
sistent with existing rules of practice or any successor 23
rules. 24
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•S 90 RS
(e) LIMITATION ON COMMISSIONGUIDANCE.—No 1
guidance issued by the Commission with respect to this 2
Act shall confer any rights on any person, State, or local-3
ity, nor shall operate to bind the Commission or any per-4
son to the approach recommended in such guidance. In 5
any enforcement action brought pursuant to this Act, the 6
Commission shall allege a specific violation of a provision 7
of this Act. The Commission may not base an enforcement 8
action on, or execute a consent order based on, practices 9
that are alleged to be inconsistent with any such guide-10
lines, unless the practices allegedly violate section 2. 11
SEC. 4. DEFINITION OF COVERED DEVICE. 12
As used in this Act, the term ‘‘covered device’’— 13
(1) means a consumer product, as defined by 14
section 3(a) of the Consumer Product Safety Act 15
(15 U.S.C. 2052(a)) that is capable of connecting to 16
the internet, a component of which is a camera or 17
microphone; and 18
(2) does not include— 19
(A) a telephone (including a mobile phone), 20
a laptop, tablet, or any device that a consumer 21
would reasonably expect to have a microphone 22
or camera; 23
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•S 90 RS
(B) any device that is specifically marketed 1
as a camera, telecommunications device, or 2
microphone; or 3
(C) any device or apparatus described in 4
sections 255, 716, and 718, and subsections 5
(aa) and (bb) of section 303 of the Communica-6
tions Act of 1934 (47 U.S.C. 255; 617; 619; 7
and 303(aa) and (bb)), and any regulations 8
promulgated thereunder. 9
SEC. 5. EFFECTIVE DATE. 10
This Act shall apply to all covered devices manufac-11
tured after the date that is 180 days after the date on 12
which guidance is issued by the Commission under section 13
3(c), and shall not apply to covered devices manufactured 14
or sold before such date, or otherwise introduced into 15
interstate commerce before such date. 16
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252
118
TH
CONGRESS
1
ST
S
ESSION
S. 90
[Report No. 118–114]
A BILL
To require the disclosure of a camera or recording
capability in certain internet-connected devices.
N
OVEMBER
28, 2023
Reported with an amendment
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