[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4048 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 4048

  To limit the use, recording, or transmission of any speech or sound 
captured by a smart speaker, or any video or image captured by a video 
 doorbell, and to prohibit, as an unfair or deceptive act or practice, 
such use, recording, or transmission without the express consent of the 
                               consumer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 25, 2019

 Mr. Moulton introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To limit the use, recording, or transmission of any speech or sound 
captured by a smart speaker, or any video or image captured by a video 
 doorbell, and to prohibit, as an unfair or deceptive act or practice, 
such use, recording, or transmission without the express consent of the 
                               consumer.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Automatic Listening Exploitation Act 
of 2019''.

SEC. 2. CONDUCT PROHIBITED.

    (a) Smart Speakers.--It shall be unlawful for a person who provides 
any smart service through a proprietary smart speaker to--
            (1) store or make a recording or transcript of any speech 
        or sound captured by a smart speaker unless--
                    (A) the smart speaker is specifically activated to 
                do so by detecting an audible wake word or phrase that 
                is known to the user; and
                    (B) the smart speaker first makes an audible 
                response or visual indication upon activation by such 
                wake word or phrase; or
            (2) use any storage or recording or transcript of any voice 
        interaction by a user with the voice-user interface, or 
        transmit such recording or transcript to a third party, for any 
        purpose--
                    (A) other than to--
                            (i) process a request and provide the 
                        service the user is requesting;
                            (ii) improve the speech recognition and 
                        natural language understanding of the voice-
                        user interface; or
                            (iii) help the voice-user interface to 
                        adapt to speech patterns, vocabulary, and 
                        personal preferences; and
                    (B) without--
                            (i) first providing to the user of the 
                        smart speaker when the speaker is first set up 
                        for use a clear and conspicuous notice, set off 
                        from other text in any user agreement, of the 
                        specific purpose or purposes described in 
                        subparagraph (A);
                            (ii) first obtaining the express consent of 
                        the user for that specific purpose; and
                            (iii) permitting the user of the smart 
                        speaker to require the deletion of any 
                        recording or transcript of any speech or sound 
                        captured by a smart speaker of such user at any 
                        time.
    (b) Video Doorbells.--It shall be unlawful for a person who 
provides any security monitoring or other service through a proprietary 
video doorbell to--
            (1) store or make a recording of any video, image, or audio 
        captured by the video doorbell's camera unless--
                    (A) the video doorbell is specifically activated to 
                do so when an individual presses the button of the 
                doorbell, or alternatively, when the doorbell senses an 
                individual at the doorstep with its built-in motion 
                sensors, or is activated remotely by the user of the 
                doorbell through the user's smartphone, computer, or 
                similar internet-enabled mobile device; and
                    (B) such video or image is provided to the user of 
                the video doorbell at the time such video or image is 
                captured; or
            (2) use any storage or recording of any video, image, or 
        audio captured by the video doorbell's camera, or transmit such 
        recording to a third party, for any purpose--
                    (A) other than to provide the video, image, or 
                audio to the user of the video doorbell or to allow the 
                user using a smartphone, computer, or other internet-
                enabled device to watch and talk with a guest at the 
                door by using the doorbell's built-in camera and 
                microphone; and
                    (B) without--
                            (i) first providing to the user of the 
                        video doorbell when the video doorbell is first 
                        set up for use a clear and conspicuous notice, 
                        set off from other text in any user agreement, 
                        of the specific purpose or purposes described 
                        in subparagraph (A);
                            (ii) first obtaining the express consent of 
                        the user for that specific purpose; and
                            (iii) permitting the user of the video 
                        doorbell to require the deletion of any 
                        recording of any video or image captured by the 
                        video doorbell's camera of such user at any 
                        time.

SEC. 3. ENFORCEMENT.

    (a) Federal Trade Commission.--
            (1) Unfair or deceptive act or practice.--A violation of a 
        section 2 shall be treated as a violation of a rule defining an 
        unfair or deceptive act or practice prescribed under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)).
            (2) Powers of commission.--The Federal Trade Commission 
        shall enforce this Act in the same manner, by the same means, 
        and with the same jurisdiction, powers, and duties as though 
        all applicable terms and provisions of the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
        and made a part of this Act. Any person who violates section 2 
        shall be subject to the penalties and entitled to the 
        privileges and immunities provided in the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
    (b) Enforcement by State Attorneys General.--
            (1) In general.--If the attorney general of a State, or an 
        official or agency designated by a State, has reason to believe 
        that any person has violated or is violating this Act, the 
        attorney general, or other official or agency of the State, in 
        addition to any authority it may have to bring an action in 
        State court under its consumer protection law, may bring a 
        civil action in any appropriate United States district court or 
        in any other court of competent jurisdiction, including a State 
        court, to--
                    (A) enjoin further such violation by the defendant;
                    (B) enforce compliance with this Act; or
                    (C) obtain civil penalties not to exceed $40,000 
                per violation.
            (2) Notice and intervention by the ftc.--The attorney 
        general of a State shall provide prior written notice of any 
        action under paragraph (1) to the Federal Trade Commission and 
        provide the Commission with a copy of the complaint in the 
        action, except in any case in which such prior notice is not 
        feasible, in which case the attorney general shall serve such 
        notice immediately upon instituting such action. The Commission 
        shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard on all matters 
                arising therein; and
                    (C) to file petitions for appeal.
            (3) Limitation on state action while federal action is 
        pending.--If the Federal Trade Commission has instituted a 
        civil action for violation of this Act, no State attorney 
        general, or official or agency of a State, may bring an action 
        under paragraph (1) during the pendency of the action initiated 
        by the Commission against any defendant named in the complaint 
        of the Commission for any violation of this Act alleged in the 
        complaint.

SEC. 4. DEFINITIONS.

    As used in this Act, the following definitions apply:
            (1) The term ``Internet-enabled'' means, with respect to an 
        electronic device, that the device can connect to the Internet 
        directly or through another device.
            (2) The term ``person'' means any individual, partnership, 
        corporation, trust, estate, cooperative, association, or other 
        entity.
            (3) The term ``smart service'' means any service provided 
        to a consumer using a smart speaker, such as Internet content 
        streaming services or virtual assistant services.
            (4) The term ``smart speaker'' means an Internet-enabled 
        electronic device that can be controlled through a voice-user 
        interface that provides a smart service to a user.
            (5) The term ``user'' means--
                    (A) an individual who uses or interacts with a 
                smart speaker using spoken or other commands; or
                    (B) an individual who is provided images or audio 
                captured by, or the ability to interact with, a video 
                doorbell through the user's smartphone, tablet 
                computer, or similar Internet-enabled mobile device.
            (6) The term ``video doorbell'' means an Internet-enabled 
        doorbell, equipped with a camera or microphone, or both, that--
                    (A) notifies the smartphone, computer, or similar 
                Internet-enabled mobile device of a user when a guest 
                arrives to the entrance of the door;
                    (B) is activated when the guest presses the button 
                of the doorbell, or alternatively, when the doorbell 
                senses a guest with its built-in motion sensors, or 
                activate remotely by the user of the doorbell through 
                the user's smartphone, computer, or similar Internet-
                enabled mobile device; and
                    (C) may allow the user using the smartphone, 
                computer, or other Internet-enabled device to watch and 
                talk with the guest by using the doorbell's built-in 
                camera and microphone.
            (7) The term ``voice-user interface'' is a speech 
        recognition technology that understands spoken commands and 
        questions to allow people to communicate with a computer or 
        smart speaker.
            (8) The term ``wake word or phrase'' means a spoken word or 
        phrase that triggers the voice-user interface on a smart 
        speaker to listen for user commands or queries.
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