H.R. 859 — Informing Consumers about Smart Devices Act

This section requires each manufacturer of a covered device to disclose, clearly and conspicuously and prior to purchase, whether the device contains a camera or microphone.

This section establishes Federal Trade Commission (FTC) enforcement of the Act. It (1) treats violations of section 2 as violations of a rule defining unfair or deceptive acts or practices under FTC Act section 18(a)(1)(B) (15 U.S.C. 57a(a)(1)(B)); (2) incorporates all applicable terms of the FTC Act (15 U.S.C. 41 et seq.) for enforcement, jurisdiction, powers, duties, penalties, privileges, and immunities, including a savings clause preserving other FTC authorities; (3) directs the FTC to issue compliance guidance within 180 days after enactment, developed through outreach to private entities and covering best practices for clear, conspicuous, age-appropriate disclosures under section 2 and pictorial representations (as defined in the Consumer Review Fairness Act of 2016, 15 U.S.C. 45b(a)); (4) authorizes manufacturers of covered devices to petition for tailored guidance on section 2 compliance; and (5) specifies that FTC guidance confers no rights, does not bind the agency or others, and cannot form the basis for enforcement actions or consent orders unless alleging a specific violation of the Act.

This section defines the term "covered device" for purposes of the Act as a consumer product (as defined in the Consumer Product Safety Act) that is capable of connecting to the internet and includes a camera or microphone component. The term excludes (1) telephones (including mobile phones), laptops, tablets, or any device a consumer would reasonably expect to have a microphone or camera; (2) any device specifically marketed as a camera, telecommunications device, or microphone; and (3) any device or apparatus described in specified sections of the Communications Act of 1934 (47 U.S.C. 255, 617, 619, and 303(aa) and (bb)) and related regulations.

This section sets the effective date of the Act as applying to covered devices manufactured 180 days after the Commission issues guidance under section 3(c), and excludes covered devices manufactured or sold before that date or otherwise introduced into interstate commerce before that date.