118 HR 413 IH: Transparency Over Toys Spying Act
U.S. House of Representatives
2023-01-20
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EN
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I
118th CONGRESS
1st Session
H. R. 413
IN THE HOUSE OF REPRESENTATIVES
January 20, 2023
Mr. Edwards introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To establish requirements for the labeling and user agreements of internet-connected toys for children, and for other purposes.
1.

Short title
This Act may be cited as the “Transparency Over Toys Spying Act” or the “TOTS Act”.
2.

Labeling and user agreement requirements for internet-connected toys
(a)

Regulations
Not later than 1 year after the date of the enactment of this Act, the Commission shall promulgate under section 553 of title 5, United States Code, regulations that require a manufacturer introducing into interstate commerce an internet-connected toy to include—
(1)
on the packaging associated with the toy, a label that clearly indicates—
(A)
that the toy has the ability to—
(i)
connect to the internet; and
(ii)
collect and transmit the personal information of a user of the toy; and
(B)
whether personal information collected by the toy is retained—
(i)
in the toy; or
(ii)
by the manufacturer or another entity; and
(2)
in any user agreement or privacy policy associated with the toy, highlighted information that is easy to read, is the first text presented by the agreement or policy, and describes—
(A)
how personal information may be collected by the toy and what personal information may be collected;
(B)
what personal information may be retained in the toy;
(C)
what personal information may be transmitted from the toy and to whom the personal information may be transmitted;
(D)
how transmitted personal information may be provided to, retained, and used by the manufacturer or another entity;
(E)
any actions taken by the manufacturer to minimize the collection, retention, or transmission of personal information;
(F)
the protections available to the user with respect to collected, retained, or transmitted personal information, including protections under Federal law; and
(G)
whether the toy can be used in a manner that prevents the collection, retention, or transmission of personal information, including without connection to the internet or another internet-connected device.
(b)

Enforcement by Federal Trade Commission
(1)

Unfair or deceptive acts or practices
A violation of a regulation promulgated under subsection (a) shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
(2)

Powers of Commission
The Commission shall enforce the regulations promulgated under subsection (a) 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 such a regulation shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.
(c)

Definitions
In this section:
(1)

Internet-connected toy
The term internet-connected toy means a device—
(A)
introduced into interstate commerce and targeted to a child or likely to be operated by a child;
(B)
the purpose of which is entertainment or amusement;
(C)
that is able to be connected to the internet, directly or through another internet-connected device; and
(D)
through which the personal information of a child may be collected and transmitted to a person other than the child or the parent of the child.
(2)

Personal information
The term personal information means individually identifiable information about an individual, including—
(A)
a first and last name;
(B)
a home or other physical address, including street name and name of a city or town;
(C)
an e-mail address;
(D)
a telephone number;
(E)
a Social Security number;
(F)
a photo, video, or audio recording;
(G)
any other identifier that the Commission determines permits the physical or online contacting of a specific individual; or
(H)
information concerning a child or the parents of that child collected from the child and combined with an identifier described in this paragraph.
(3)

Terms defined in Children's Online Privacy Protection Act of 1998
The terms child, Commission, parent, and person have the meanings given each of those terms respectively in section 1302 of the Children's Online Privacy Protection Act of 1998 (15 U.S.C. 6501).