[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[House]
[Pages H8153-H8155]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INFORMING CONSUMERS ABOUT SMART DEVICES ACT
Mr. PALLONE. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4081) to require the disclosure of a camera or recording
capability in certain internet-connected devices, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4081
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 ``Informing Consumers about
Smart Devices Act''.
SEC. 2. REQUIRED DISCLOSURE OF A CAMERA OR RECORDING
CAPABILITY IN CERTAIN INTERNET-CONNECTED
DEVICES.
Each manufacturer of a covered device shall disclose
whether the covered device manufactured by the manufacturer
contains a camera or microphone as a component of the covered
device.
SEC. 3. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of
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)).
(b) Actions by the Commission.--
(1) In general.--The Federal Trade Commission shall prevent
any person from violating this Act or a regulation
promulgated under 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.
(2) Penalties and privileges.--Any person who violates this
Act or a regulation promulgated under this Act 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.).
(c) Commission Guidance.--Not later than 180 days after the
date of enactment of this Act, the Commission, through
outreach to relevant private entities, shall issue guidance
to assist manufacturers in complying with the requirements of
this Act, including guidance about best practices for making
the disclosure required by section 2 as clear and conspicuous
as practicable.
(d) Tailored Guidance.--A manufacturer of a covered device
may petition the Commission for tailored guidance as to how
to meet the requirements of section 2.
(e) Limitation on Commission Guidance.--No guidance issued
by the Commission with respect to this Act shall confer any
rights on any person, State, or locality, nor shall operate
to bind the Commission or any person to the approach
recommended in such guidance. In any enforcement action
brought pursuant to this Act, the Commission shall allege a
specific violation of a provision of this Act. The Commission
may not base an enforcement action on, or execute a consent
order based on, practices that are alleged to be inconsistent
with any such guidelines, unless the Commission determines
such practices expressly violate section 2.
SEC. 4. DEFINITION OF COVERED DEVICE.
As used in this Act, the term ``covered device''--
(1) means a consumer product, as defined by section 3(a) of
the Consumer Product Safety Act (15 U.S.C. 2052(a)) that is
capable of connecting to the internet, a component of which
is a camera or microphone; and
(2) does not include--
(A) a telephone (including a mobile phone), a laptop,
tablet, or any device that a consumer would reasonably expect
to have a microphone or camera;
(B) any device that is specifically marketed as a camera,
telecommunications device, or microphone; or
(C) any device or apparatus described in sections 255, 716,
and 718, and subsections (aa) and (bb) of section 303 of the
Communications Act of 1934 (47 U.S.C. 255; 617; 619; and
303(aa) and (bb)), and any regulations promulgated
thereunder.
SEC. 5. EFFECTIVE DATE.
This Act shall apply to all devices manufactured after the
date that is 180 days after
[[Page H8154]]
the date on which guidance is issued by the Commission under
section 3(c), and shall not apply to devices manufactured or
sold before such date, or otherwise introduced into
interstate commerce before such date.
SEC. 6. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
Jersey (Mr. Pallone) and the gentleman from Kentucky (Mr. Guthrie) each
will control 20 minutes.
The Chair recognizes the gentleman from New Jersey.
General Leave
Mr. PALLONE. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on H.R. 4081.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 4081, the Informing
Consumers About Smart Devices Act.
For consumers, the benefits of technological progress are all around
us. Perhaps nowhere is this more apparent than in our homes. The
growing array of smart devices and household appliances with voice,
video, and internet connectivity and technology make our lives easier,
more entertaining, and more comfortable.
So, while there is no question that smart refrigerators, home
assistants like Amazon's Alexa, and the countless other internet-
connected devices that have microphones or cameras benefit consumers,
there is also no question that these devices should not be able to
listen to or watch us without our knowledge or consent. Unfortunately,
studies confirm that many devices do not disclose these capabilities.
Some are easily tricked into recording when people do not want them to
do so.
So H.R. 4081 addresses this straightforward problem with a
straightforward solution. The bill requires manufacturers of internet-
connected devices that are equipped with a camera or microphone to
disclose to consumers that a camera or microphone is part of the
device. The bill does not apply to mobile phones, laptops, or other
devices that a consumer would already reasonably expect to include a
camera or microphone.
Now, the Federal Trade Commission must issue guidance to help
businesses comply with these new requirements and may seek penalties,
including civil penalties, for violations.
This bill will protect consumers; and I commend Representatives
Curtis and Moulton for their bipartisan work on this legislation.
This bill is commonsense, balanced, and bipartisan. It is a solution
to an issue that touches all Americans. It unanimously passed out of
the Energy and Commerce Committee in July by a vote of 53-to-0 and is
yet another example of the work the committee is doing to protect
consumers. I hope that trend continues today here on the House floor
because there is no reason why consumers should ever be spied on by
their own household devices without their knowledge and consent.
So, Mr. Speaker, I urge all my colleagues to support this important
consumer protection legislation, and I reserve the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 4081, the Informing
Consumers About Smart Devices Act, introduced by Representative Curtis.
In the past few years, we have seen a tremendous advancement in the
development of technologies in consumer products. While many of these
technologies make everyday life more convenient, they also have the
ability to collect data from their users without their knowledge.
While it may be apparent to users that a laptop has the ability to
record conversations, it certainly may not be clear that other devices
like televisions, refrigerators, even toasters, have the same
capabilities.
This bipartisan legislation would simply require manufacturers of the
internet-connected devices that contain a microphone or a camera, and
that do not market themselves as such consumer electronics, to disclose
to consumers that such a component is part of the device, either pre-
or post-sale.
We owe it to our constituents to ensure these types of devices are
not recording them without their consent and collecting data when their
users are not aware.
I thank Representatives Curtis and Moulton for their bipartisan work
on H.R. 4018.
Mr. Speaker, I urge all of my colleagues to support this legislation,
and I reserve the balance of my time.
{time} 1615
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
I want to take this opportunity to talk about one of our key staff
people who is leaving in the next few days. The person, of course, is
Jerry Leverich, who is right behind me here.
Jerry has played an instrumental role in the committee's work, not
only with consumer protection but on so many issues. Shortly after I
became the top Democrat on the committee, more than 7 years ago, he
started. He is currently the staff director for both our Subcommittee
on Communications and Technology and our Subcommittee on Consumer
Protection and Commerce.
Over these last 7 years since he has been here, he has played a
critical role in our efforts to expand access to broadband nationwide,
make internet service more affordable, and protect consumers from
annoying robocalls.
I have to also say that if it wasn't for him, I don't know that I
would be able to deal with a lot of technological issues in the
committee or even explain a lot of what we are doing on the issues.
He led our efforts this summer, on the Democratic side, on passing
out of committee for the first time the bicameral and bipartisan
consumer data privacy bill, which we consider on both sides of the
aisle a significant achievement. We are still working, obviously, to
bring that to the House floor before the end of this session of
Congress.
Mr. Speaker, I thank him for his counsel. I wish him nothing but the
best in his future endeavors. Obviously, we don't want him to leave. I
also want to say that not only is Jerry such an expert and so
intelligent and wise on so many issues, but he is also a great
individual and someone you can always rely on to be straightforward and
tell us when we are doing good things, tell us when we are not, telling
us when we can do things that are achievable and when they are not.
Generally, overall, he has been a great staff member, so I thank him.
Mr. Speaker, I ask that we all support this legislation, and I yield
back the balance of my time.
Mr. GUTHRIE. Mr. Speaker, I yield myself the balance of my time.
We wish Jerry Godspeed and thank him for the good work. I know
sometimes when our staff leaves, it is bittersweet. We hate to see them
go but know they are going to different opportunities. The hard work
that both your side and our side of the aisle do together, sometimes
when we are working on things together, sometimes negotiating together,
it is always good work. We are well served. The American people, more
than anything, are well served by the people who work here on Capitol
Hill. I thank and congratulate Jerry.
Mr. Speaker, I urge passage of this legislation, and I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from New Jersey (Mr. Pallone) that the House suspend the
rules and pass the bill, H.R. 4081, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. TIFFANY. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
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