INFORMING CONSUMERS ABOUT SMART DEVICES ACT

On 2025-04-28, Representative Russ Fulcher (R-ID-1) delivered a floor speech titled "INFORMING CONSUMERS ABOUT SMART DEVICES ACT" in the House.

INFORMING CONSUMERS ABOUT SMART DEVICES ACT

Congressional Record, Volume 171 Issue 70 (Monday, April 28, 2025) [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 [[Page H1667]] 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 reco

Referenced legislation: HR859, HR859