S28-119

What This Bill Does

The bill covers internet-connected consumer products that contain a camera or microphone, excluding devices consumers would reasonably expect to have one, devices marketed as cameras, telecommunications devices, or microphones, and certain accessibility-related communications devices. Manufacturers must disclose camera or microphone capability clearly, conspicuously, and before purchase. FTC enforces violations as unfair or deceptive acts or practices, must issue compliance guidance within 180 days after outreach to private entities, and may provide tailored guidance on petition, but the guidance itself does not create enforceable rights or bind the FTC.

Who Benefits and How

Consumers benefit because hidden cameras or microphones in connected devices must be disclosed before purchase. Parents benefit from clearer information when buying connected devices for children or households. Privacy advocates benefit because the bill makes camera and microphone disclosure a federal consumer-protection rule. The Federal Trade Commission benefits from explicit enforcement authority and a guidance process. Responsible device manufacturers benefit from clearer compliance expectations and the ability to petition for tailored guidance.

Who Bears the Burden and How

Manufacturers of covered devices must add clear and conspicuous camera or microphone disclosures before purchase. The Federal Trade Commission must enforce violations and issue guidance within 180 days. Retailers and online sellers may need to present manufacturer disclosures in a way consumers see before purchase. Device manufacturers seeking tailored guidance must petition FTC under its rules of practice.

Key Provisions

• Requires manufacturers to disclose before purchase whether a covered internet-connected consumer device contains a camera or microphone.
• Defines covered device and excludes phones, laptops, tablets, expected camera or microphone devices, marketed camera or telecom devices, and certain accessibility devices.
• Treats violations as FTC-enforceable unfair or deceptive acts or practices.
• Requires FTC guidance within 180 days on clear, conspicuous, age-appropriate, and pictorial disclosure practices.
• Allows manufacturer petitions for tailored guidance while specifying that guidance does not itself bind the FTC or create rights.