Us Congress 2025-2026 Regular Session

Us Congress Senate Bill SB28 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	II
2	2	119THCONGRESS
3	3	1
4	4	STSESSION S. 28
5	5	To require the disclosure of a camera or recording capability in certain
6	6	internet-connected devices.
7	7	IN THE SENATE OF THE UNITED STATES
8	8	JANUARY7, 2025
9	9	Mr. C
10	10	RUZ(for himself, Ms. CANTWELL, and Mr. CURTIS) introduced the fol-
11	11	lowing bill; which was read twice and referred to the Committee on Com-
12	12	merce, Science, and Transportation
13	13	A BILL
14	14	To require the disclosure of a camera or recording capability
15	15	in certain internet-connected devices.
16	16	Be it enacted by the Senate and House of Representa-1
17	17	tives of the United States of America in Congress assembled, 2
18	18	SECTION 1. SHORT TITLE. 3
19	19	This Act may be cited as the ‘‘Informing Consumers 4
20	20	about Smart Devices Act’’. 5
21	21	SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORD-6
22	22	ING CAPABILITY IN CERTAIN INTERNET-CON-7
23	23	NECTED DEVICES. 8
24	24	Each manufacturer of a covered device shall disclose, 9
25	25	clearly and conspicuously and prior to purchase, whether 10
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28	28	•S 28 IS
29	29	the covered device manufactured by the manufacturer con-1
30	30	tains a camera or microphone as a component of the cov-2
31	31	ered device. 3
32	32	SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-4
33	33	SION. 5
34	34	(a) U
35	35	NFAIR ORDECEPTIVEACTS ORPRACTICES.— 6
36	36	A violation of section 2 shall be treated as a violation of 7
37	37	a rule defining an unfair or deceptive act or practice pre-8
38	38	scribed under section 18(a)(1)(B) of the Federal Trade 9
39	39	Commission Act (15 U.S.C. 57a(a)(1)(B)). 10
40	40	(b) A
41	41	CTIONS BY THECOMMISSION.— 11
42	42	(1) I
43	43	N GENERAL.—The Federal Trade Commis-12
44	44	sion (in this Act referred to as the ‘‘Commission’’) 13
45	45	shall enforce this Act in the same manner, by the 14
46	46	same means, and with the same jurisdiction, powers, 15
47	47	and duties as though all applicable terms and provi-16
48	48	sions of the Federal Trade Commission Act (15 17
49	49	U.S.C. 41 et seq.) were incorporated into and made 18
50	50	a part of this Act. 19
51	51	(2) P
52	52	ENALTIES AND PRIVILEGES .—Any person 20
53	53	who violates this Act or a regulation promulgated 21
54	54	under this Act shall be subject to the penalties and 22
55	55	entitled to the privileges and immunities provided in 23
56	56	the Federal Trade Commission Act (15 U.S.C. 41 et 24
57	57	seq.). 25
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61	61	(3) SAVINGS CLAUSE.—Nothing in this Act 1
62	62	shall be construed to limit the authority of the Com-2
63	63	mission under any other provision of law. 3
64	64	(c) C
65	65	OMMISSIONGUIDANCE.—Not later than 180 4
66	66	days after the date of enactment of this Act, the Commis-5
67	67	sion, through outreach to relevant private entities, shall 6
68	68	issue guidance to assist manufacturers in complying with 7
69	69	the requirements of this Act, including guidance about 8
70	70	best practices for making the disclosure required by sec-9
71	71	tion 2 as clear and conspicuous and age appropriate as 10
72	72	practicable and about best practices for the use of a pic-11
73	73	torial (as defined in section 2(a) of the Consumer Review 12
74	74	Fairness Act of 2016 (15 U.S.C. 45b(a))) visual represen-13
75	75	tation of the information to be disclosed. 14
76	76	(d) T
77	77	AILOREDGUIDANCE.—A manufacturer of a cov-15
78	78	ered device may petition the Commission for tailored guid-16
79	79	ance as to how to meet the requirements of section 2 con-17
80	80	sistent with existing rules of practice or any successor 18
81	81	rules. 19
82	82	(e) L
83	83	IMITATION ON COMMISSIONGUIDANCE.—No 20
84	84	guidance issued by the Commission with respect to this 21
85	85	Act shall confer any rights on any person, State, or local-22
86	86	ity, nor shall operate to bind the Commission or any per-23
87	87	son to the approach recommended in such guidance. In 24
88	88	any enforcement action brought pursuant to this Act, the 25
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91	91	•S 28 IS
92	92	Commission shall allege a specific violation of a provision 1
93	93	of this Act. The Commission may not base an enforcement 2
94	94	action on, or execute a consent order based on, practices 3
95	95	that are alleged to be inconsistent with any such guide-4
96	96	lines, unless the practices allegedly violate section 2. 5
97	97	SEC. 4. DEFINITION OF COVERED DEVICE. 6
98	98	As used in this Act, the term ‘‘covered device’’— 7
99	99	(1) means a consumer product, as defined by 8
100	100	section 3(a) of the Consumer Product Safety Act 9
101	101	(15 U.S.C. 2052(a)) that is capable of connecting to 10
102	102	the internet, a component of which is a camera or 11
103	103	microphone; and 12
104	104	(2) does not include— 13
105	105	(A) a telephone (including a mobile phone), 14
106	106	a laptop, tablet, or any device that a consumer 15
107	107	would reasonably expect to have a microphone 16
108	108	or camera; 17
109	109	(B) any device that is specifically marketed 18
110	110	as a camera, telecommunications device, or 19
111	111	microphone; or 20
112	112	(C) any device or apparatus described in 21
113	113	sections 255, 716, and 718, and subsections 22
114	114	(aa) and (bb) of section 303 of the Communica-23
115	115	tions Act of 1934 (47 U.S.C. 255; 617; 619; 24
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118	118	•S 28 IS
119	119	and 303(aa) and (bb)), and any regulations 1
120	120	promulgated thereunder. 2
121	121	SEC. 5. EFFECTIVE DATE. 3
122	122	This Act shall apply to all covered devices manufac-4
123	123	tured after the date that is 180 days after the date on 5
124	124	which guidance is issued by the Commission under section 6
125	125	3(c), and shall not apply to covered devices manufactured 7
126	126	or sold before such date, or otherwise introduced into 8
127	127	interstate commerce before such date. 9
128	128	Æ
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