Sec. 1090A. Informing Consumers about Smart Devices Act
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/bill/118/s/2226/pap/section-1090a·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. A violation of subsection
(a)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) ). The Federal Trade Commission (in this section referred to as the Commission ) shall enforce this section 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 section. Any person who violates this section or a regulation promulgated under this section 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. ). Nothing in this section shall be construed to limit the authority of the Commission under any other provision of law. Not later than 180 days after the date of enactment of this section, the Commission, through outreach to relevant private entities, shall issue guidance to assist manufacturers in complying with the requirements of this section, including guidance about best practices for making the disclosure required by subsection
(a)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. A manufacturer of a covered device may petition the Commission for tailored guidance as to how to meet the requirements of subsection
(a)consistent with existing rules of practice or any successor rules. No guidance issued by the Commission with respect to this section 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 section, the Commission shall allege a specific violation of a provision of this section. 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 subsection (a). In this section, the term covered device — 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 does not include— a telephone (including a mobile phone), a laptop, tablet, or any device that a consumer would reasonably expect to have a microphone or camera; any device that is specifically marketed as a camera, telecommunications device, or microphone; or 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. This section 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 subsection (b)(3), and shall not apply to covered devices manufactured or sold before such date, or otherwise introduced into interstate commerce before such date.
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Sec. 1090A
Informing Consumers about Smart Devices Act
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