[Congressional Record Volume 169, Number 37 (Monday, February 27, 2023)]
[House]
[Pages H891-H892]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              INFORMING CONSUMERS ABOUT SMART DEVICES ACT

  Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 538) to require the disclosure of a camera or recording 
capability in certain internet-connected devices.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 538

       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 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.
       (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, in a manner consistent with the 
     rules of 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 covered devices manufactured 
     after the date that is 180 days after the date on which 
     guidance is issued by the Commission under section 3(c), and 
     shall not apply to covered devices manufactured or sold 
     before such date, or otherwise introduced into interstate 
     commerce before such date.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentleman from New Jersey (Mr. Pallone) 
each will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of H.R. 538, the Informing Consumers 
about Smart Devices Act.
  This is a relatively straightforward bill. It requires the 
manufacturers of covered devices to clearly disclose if a device 
contains a camera or microphone.
  Internet connected devices are becoming increasingly present in our 
lives, and it is important for people to understand what they are 
buying.
  This legislation would allow the FTC to go after bad actors and 
provide compliance guidance to manufacturers of covered devices.
  Not being recorded or monitored without permission is a basic tenet 
of privacy that we all have come to expect. Again, we have to get 
notification.
  Given Senate Commerce Committee leadership has followed suit with a 
companion bill, I am hopeful this whets the appetite for bipartisan, 
bicameral action on comprehensive privacy protections for all 
Americans.
  Mr. Speaker, I urge my colleagues to support this legislation, and I 
reserve the balance of my time.
  Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise to speak in support of H.R. 538, the Informing 
Consumers about Smart Devices Act.

[[Page H892]]

  The Internet of Things revolution has ushered in a new age of 
convenience and efficiency for the American public. Smart thermostats 
can save consumers money by tracking and reporting home energy use and 
making recommendations about adjusting temperatures to meet consumers' 
needs. Smart refrigerators can provide recipe suggestions based on the 
contents of the refrigerator. Smart ovens can scan food to 
automatically optimize the cooking process. Smart coffee makers can 
brew a fresh pot of coffee just as you are getting out of bed.
  The American consumer is embracing these technologies. Today, the 
average American home has 11 Internet of Things, or IOT, devices. Over 
a quarter of consumers have at least one home automation device. These 
are technologies that allow consumers to interconnect and control their 
various IOT devices from one platform.
  Congress should also embrace these technologies, but we must ensure 
that the IOT revolution does not come at the expense of consumers' 
privacy. Troubling reports have uncovered that some IOT devices may 
record images or audio without the user's awareness. Researchers have 
revealed that some IOT devices may accidentally record users as many as 
19 times a day, collecting as much as 43 seconds of audio each time. 
Robot vacuums have taken intimate images of unsuspecting consumers 
which eventually ended up online.
  Mr. Speaker, we must take action to combat these threats to people's 
right to privacy. That is why I am proud to support the Informing 
Consumers about Smart Devices Act. This legislation will require 
manufacturers of IOT devices to alert consumers that a device includes 
a camera or microphone if a consumer would not reasonably expect the 
device to contain such features.
  Last Congress, this bill was unanimously reported out of the Energy 
and Commerce Committee and passed the House with broad bipartisan 
support.
  I thank Representative Seth Moulton for his leadership on this issue, 
and I encourage my colleagues to vote in favor of this bill.
  While this bill addresses significant privacy concerns, it is also 
important that I note that we have to recommit to adopting a 
comprehensive privacy framework that protects all Americans and 
provides heightened protections for our children nationwide.
  The American Data Privacy and Protection Act, which I authored last 
Congress with Chairwoman Rodgers, would do just that. It would ensure 
that consumers, wherever they reside in this country, will have 
meaningful control over their personal information and that children 
will have heightened privacy protections. It also provides clear and 
consistent rules of the road on privacy and data security to 
innovators, entrepreneurs, and small tech companies.
  I appreciate that we are advancing today's legislation on a 
bipartisan basis. I know this legislation is important, but I also look 
forward to working with Chairwoman Rodgers to pass the American Data 
Privacy and Protection Act on a bipartisan basis in this Congress, as 
well.
  Mr. Speaker, I reserve the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I yield 3 minutes to the gentleman from 
Utah (Mr. Curtis), a great member of the Energy and Commerce Committee 
and the sponsor of the bill.
  Mr. CURTIS. Mr. Speaker, I rise today to address my bill before us on 
the floor, the Informing Consumers about Smart Devices Act.
  This commonsense and bipartisan bill would require the creation of 
reasonable disclosure guidelines for products that have audio or visual 
recording components that are not clearly obvious to a reasonable 
person, such as household appliances.
  This emerging smart technology will provide unknown benefits and 
conveniences to modern life, but along with this new technology, we 
need to update transparency for consumers. My bill balances protecting 
American consumers with continuing to foster innovation.
  By working with a broad range of stakeholders, my legislation will 
ensure consumers are aware of the capabilities of items they are 
putting in their homes without hamstringing the technology pioneers in 
places like Silicon Slopes in my district who are developing smart 
technologies.

  Mr. Speaker, I thank my colleagues, Representative Moulton, Senator 
Cantwell, and Senator Cruz, for their bipartisan and bicameral support 
of this bill. I urge my colleagues to vote ``yes'' on this bill.
  Mr. PALLONE. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Massachusetts (Mr. Moulton), the Democratic sponsor of 
this legislation.
  Mr. MOULTON. Mr. Speaker, our lives are dominated by smart devices, 
not just smart cars, smartphones, and smartwatches, but dryers, 
refrigerators, and even toasters. These technologies make our lives 
easier, but most Americans don't know that their refrigerator has the 
ability to listen or to watch.
  Despite the fact that well over 60 million homes are actively using 
smart home devices, our laws regulating this technology have lagged. 
Big Tech has been able to move the privacy goalposts with impunity, so 
it is past time for a new generation of digital privacy laws.
  That is why I put forward the Informing Consumers about Smart Devices 
Act along with my colleagues, the gentleman from Utah (Mr. Curtis) and 
the gentleman from Florida (Mr. Bilirakis).
  This bill would require the Federal Trade Commission to establish 
guidelines for properly disclosing the audio or visual recording 
capabilities of smart devices. There is widespread support for this 
legislation, from consumer advocacy groups to the tech companies 
themselves.
  Americans deserve the chance to make informed decisions about the 
electronic eavesdroppers we allow into our homes. Let's pass this bill 
so that our consumers know when Big Tech is listening.

                              {time}  1745

  Mr. BILIRAKIS. Mr. Speaker, I have no other speakers, and I reserve 
the balance of my time.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers.
  Mr. Speaker, I will just close by saying I do think this is an 
important bill for consumers, and I thank the sponsors.
  Mr. Speaker, I yield back the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, again, this is a commonsense bill, a 
necessary bill. It impacts our constituents. They need full disclosure. 
That is not too much to ask for.
  Again, I urge my colleagues to unanimously support this for the 
second year in a row. Let's get it across the finish line, get it to 
the President's desk as soon as possible.
  Mr. Speaker, I thank the sponsors of the bill, and I yield back the 
balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Bilirakis) that the House suspend the rules 
and pass the bill, H.R. 538.
  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. BILIRAKIS. 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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