Requires manufacturers of internet-connected devices with cameras or microphones to clearly disclose these capabilities to consumers before purchase, empowering the FTC to enforce these disclosures.
Ted Cruz
Senator
TX
The "Informing Consumers about Smart Devices Act" requires manufacturers of internet-connected devices to clearly disclose if the device has a camera or microphone before purchase. The Federal Trade Commission (FTC) is empowered to enforce this requirement and must issue guidance to help manufacturers comply. The act defines which devices are covered, excluding common devices like phones and laptops, and specifies that it applies to devices manufactured after the FTC issues its guidance.
Smart Device Bill Mandates Camera and Mic Disclosure Before You Buy
This bill, the "Informing Consumers about Smart Devices Act," tackles the surprise factor with tech gadgets. It requires manufacturers to clearly tell you before you buy if an internet-connected device has a camera or microphone built in. Think smart speakers, connected toys, or maybe even that fancy new smart fridge – if it has ears or eyes and connects online, this likely applies. The goal is straightforward: give people a heads-up about potential recording capabilities in devices where it might not be obvious.
What Needs a Heads-Up?
The core idea is transparency for "covered devices." Section 4 defines this as pretty much any consumer product that can connect to the internet and includes a camera or microphone. However, there are common-sense exceptions. Your smartphone, laptop, or tablet? Not covered, as people generally expect those to have cameras and mics. Same goes for devices specifically marketed as cameras or microphones. The bill also carves out exemptions for devices already subject to certain accessibility regulations under telecom law (like those listed in 47 U.S.C. §§ 255, 617, 619, 303(aa), and 303(bb)). The focus is really on those gadgets where a hidden mic or camera might catch you off guard.
How It Works and Who's Watching
Getting this rolling involves the Federal Trade Commission (FTC). According to Section 3, the FTC is tasked with enforcing this disclosure requirement, using its existing powers like it does for other trade rules. They have 180 days after the bill becomes law to issue guidance – basically, best practices for manufacturers on how to make these disclosures clear and easy to spot, potentially including visual icons. Manufacturers can even ask the FTC for specific advice. Importantly, while the guidance helps, enforcement actions will be based on violating the Act's core disclosure requirement, not just deviating from the guidance. Manufacturers won't need to worry about this immediately; the rules apply only to devices manufactured 180 days after the FTC releases its guidance (Section 5). It won't apply retroactively to devices already on the shelves or in homes.
The Real-World Bottom Line
For most people, this means potentially less guesswork when buying smart home devices or connected products. You should get a clearer picture upfront if a device has the ability to see or hear, helping you make choices that align with your comfort level on privacy. For manufacturers, it means adding a new step to their compliance checklist – updating packaging, online product descriptions, and ensuring their disclosures meet the FTC's eventual standards. While the goal is simple transparency, the effectiveness will hinge on how clear the FTC guidance makes the disclosure requirements and how actively they enforce them once the rules kick in.