[Congressional Record Volume 171, Number 70 (Monday, April 28, 2025)]
[House]
[Pages H1666-H1668]
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. 859) 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. 859
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,
clearly and conspicuously and prior to purchase, 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 (in this Act
referred to as the ``Commission'') shall enforce this Act in
the same manner, by the same means, and with the
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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.).
(3) Savings clause.--Nothing in this Act shall be construed
to limit the authority of the Commission under any other
provision of law.
(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
and age appropriate as practicable and about best practices
for the use of a pictorial (as defined in section 2(a) of the
Consumer Review Fairness Act of 2016 (15 U.S.C. 45b(a)))
visual representation of the information to be disclosed.
(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 consistent with
existing rules of practice or any successor rules.
(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 practices allegedly
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 gentlewoman from Michigan (Mrs.
Dingell) each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
{time} 1700
General Leave
Mr. BILIRAKIS. 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 in the Record on this particular 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 today in strong support of H.R. 859, the
Informing Consumers About Smart Devices Act led by Representative
Fulcher.
In recent years, we have witnessed remarkable advancements in
consumer goods technologies. While these innovations certainly make
daily life more convenient, they also carry the risk of collecting data
from users, often without their knowledge.
It is clear to most people that devices like laptops have the
capability to record sound and video. It may not be so obvious that
other household devices such as televisions or refrigerators can do the
same thing.
This bipartisan legislation seeks to address this gap by requiring
manufacturers of internet-connected devices that contain a microphone
or camera, but aren't marketed as consumer electronics, to disclose the
presence of these components to consumers.
This is a very important bill. I commend the vice chairman of the
Subcommittee on Commerce, Manufacturing, and Trade for sponsoring this
particular bill.
Mr. Speaker, I urge unanimous support for H.R. 859, and I reserve the
balance of my time.
Mrs. DINGELL. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 859, the Informing Consumers
About Smart Devices Act.
Mr. Speaker, the Internet of Things has ushered in a new age of
convenience and efficiency for Americans. Smart thermostats save
consumers money by tracking and reporting home energy use and making
recommendations about adjusting temperatures to meet consumers' needs.
Smart refrigerators provide recipe suggestions based on the content of
the refrigerators. Smart ovens scan food to automatically optimize the
cooking process.
Every year, American consumers have more and more interconnected
devices. Unfortunately, the convenience sometimes comes at a cost.
Troubling reports have uncovered that some interconnected devices
record images or audio without the users' awareness. Quite frankly,
this happens more often than not. Sharing of that information with the
device manufacturer or third parties is a real and serious threat to
people's privacy.
To combat those threats, the Informing Consumers About Smart Devices
Act will require manufacturers of internet-connected devices to alert
consumers when a device includes a camera or a microphone if a consumer
would not reasonably expect it to do so. I think most consumers don't
recognize or understand this.
While this bill addresses significant privacy concerns, it is also
important that we recommit to adopting a bipartisan, comprehensive
privacy framework that starts with data minimization and protects all
Americans and provides heightened protections for our children
nationwide.
I thank Representative Moulton for his leadership on this issue and
encourage my colleagues to support this legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I couldn't agree more. There is no
question that this is definitely needed.
Mr. Speaker, I yield such time as he may consume to the gentleman
from Idaho (Mr. Fulcher), the vice chairman of the Subcommittee on
Commerce, Manufacturing, and Trade under Energy and Commerce.
Mr. FULCHER. Mr. Speaker, I thank the good chairman of the
Subcommittee on Commerce, Manufacturing, and Trade for yielding time.
Mr. Speaker, I rise today in support of H.R. 859, Informing Consumers
About Smart Devices Act. This bill would require manufacturers of
internet-connected so-called smart appliances to disclose to consumers
prior to purchase when their product is equipped with a camera or
microphone.
Manufacturers today produce appliances that connect to software
applications that can be set, managed, and monitored through one's
computing device. They are designed to capture voice commands from
around the vicinity, recording information to adapt to the way
individuals give commands. They are also often equipped with cameras to
capture QR codes or other specific information particular to that
appliance.
While the intention may strictly be for convenience, consumers need
to be aware that private information may be captured by a smart
appliance. We need to ensure proper disclosure and consumer awareness
of these features.
It is also important to note that the bill's disclosure requirement
only applies to appliances we wouldn't otherwise expect to be equipped
with a camera or a microphone. For example, devices like mobile phones,
laptops, and tablets would not have this requirement.
Put bluntly, our stoves or refrigerators shouldn't be secretly
recording conversations in our homes. Such information could be
accessed by a hacker or nefarious third party. Audio or video data of
personally identifiable or confidential information could be stolen
and/or used without the owner's knowledge. That could lead to scams or
other kinds of harms.
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People need to know all the functionalities of their appliances
before bringing them home. This bill makes that possible.
Mr. Speaker, I thank my colleague, Representative Seth Moulton, for
co-leading this bipartisan effort. I urge support for this legislation.
Mrs. DINGELL. Mr. Speaker, I strongly recommend my colleagues on both
sides of the aisle support H.R. 859, the Informing Consumers About
Smart Devices Act, and protect Americans' privacy.
Mr. Speaker, I yield back the balance of my time.
Mr. BILIRAKIS. Mr. Speaker, I commend Representative Fulcher, the
vice chairman of the subcommittee, and also Representative Mouton for
this really good bill.
Mr. Speaker, I urge unanimous passage, and I yield back the balance
of my time.
The SPEAKER pro tempore (Mr. Wittman). 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. 859.
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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