S. 28 — 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 by (1) treating violations of section 2 as a violation of a rule defining unfair or deceptive acts or practices under section 18(a)(1)(B) of the FTC Act (15 U.S.C. 57a(a)(1)(B)); (2) incorporating all applicable terms, enforcement means, jurisdiction, powers, duties, penalties, privileges, and immunities of the FTC Act (15 U.S.C. 41 et seq.); and (3) preserving the FTC's authority under other laws. The section further directs the FTC to issue compliance guidance for manufacturers within 180 days of enactment—through outreach to private entities—on section 2 requirements, including best practices for clear, conspicuous, and age-appropriate disclosures and pictorial representations (as defined in section 2(a) of the Consumer Review Fairness Act of 2016, 15 U.S.C. 45b(a)); allows manufacturers of covered devices to petition for tailored guidance; and clarifies that such guidance confers no rights, does not bind the FTC, and cannot form the basis for enforcement absent a specific violation of the Act.

This section defines a covered device as a consumer product, as defined in the Consumer Product Safety Act (i.e., any article produced or distributed for sale to a consumer for personal use in or around a household, school, or recreation), 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 devices a consumer would reasonably expect to have a microphone or camera; (2) devices specifically marketed as cameras, telecommunications devices, or microphones; and (3) devices or apparatus described in specified accessibility provisions of the Communications Act of 1934 (47 U.S.C. 255, 303(aa)-(bb), 617, and 619) 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), with no applicability to covered devices manufactured or sold before such date or otherwise introduced into interstate commerce before such date.