HR859-119

What This Bill Does

The Informing Consumers about Smart Devices Act requires each manufacturer of a covered internet-connected consumer product to clearly and conspicuously disclose before purchase whether the device contains a camera or microphone. The covered-device definition reaches consumer products that connect to the internet and include a camera or microphone, but excludes phones, mobile phones, laptops, tablets, devices consumers would reasonably expect to have a camera or microphone, devices specifically marketed as cameras, telecommunications devices, microphones, and communications-accessibility equipment covered by Communications Act provisions.

The Federal Trade Commission enforces violations as unfair or deceptive acts or practices under the FTC Act. Violators face the penalties, privileges, and immunities available under the FTC Act. Within 180 days, the FTC must conduct outreach to relevant private entities and issue guidance on clear, conspicuous, age-appropriate disclosures and pictorial representations. Manufacturers may petition the FTC for tailored guidance, but guidance is nonbinding; in enforcement, the FTC must allege a specific statutory violation and may not sue merely because a practice is inconsistent with guidance. The Act applies only to covered devices manufactured after the date 180 days after FTC guidance is issued.

Who Benefits and How

Consumers buying smart-home devices, parents buying connected toys, privacy-conscious households, retail shoppers, and online marketplace customers benefit because they receive camera and microphone notice before purchase. Phone manufacturers, laptop manufacturers, tablet manufacturers, camera manufacturers, microphone manufacturers, telecommunications device makers, and communications-accessibility equipment makers benefit from express exemptions that lower compliance uncertainty.

Who Bears the Burden and How

Smart-home device manufacturers, connected-appliance manufacturers, internet-connected toy manufacturers, wearable-device manufacturers, retailers selling covered devices, and manufacturers that omit required disclosures face compliance duties and FTC enforcement risk. FTC consumer-protection staff must issue guidance, handle tailored-guidance petitions, conduct private-sector outreach, and plead specific statutory violations in any enforcement action.

Key Provisions

• Requires covered-device manufacturers to disclose camera or microphone capability clearly and conspicuously before purchase.
• Establishes Federal Trade Commission enforcement for violations as unfair or deceptive acts or practices.
• Requires the FTC to issue compliance guidance within 180 days after outreach to relevant private entities.
• Authorizes manufacturers to petition the FTC for tailored guidance while making guidance nonbinding.
• Establishes covered devices as internet-connected consumer products with cameras or microphones.
• Limits coverage by excluding phones, laptops, tablets, expected camera or microphone devices, telecommunications devices, and covered communications-accessibility equipment.
• Provides delayed applicability for covered devices manufactured after the FTC guidance window.