Informing Consumers about Smart Devices Act
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Would require manufacturers of internet-connected smart devices — such as smart appliances, speakers, or home assistants — that contain a built-in camera or microphone to clearly and conspicuously disclose that fact to consumers before purchase.
The bill is intended to close a gap in consumer awareness: unlike phones or laptops, many smart home devices are not obviously expected to include surveillance-capable components, and consumers often may not know they are present.
What this bill would do
What it would do
The bill would require any manufacturer of a "covered device" — an internet-connected consumer product that contains a camera or microphone — to disclose that capability to consumers clearly and conspicuously before purchase. The Federal Trade Commission would enforce the requirement, treating violations as unfair or deceptive trade practices subject to FTC Act penalties. Within 180 days of enactment, the FTC would be required to issue guidance on best practices for making disclosures clear, conspicuous, and age-appropriate, including the use of pictorial symbols. Manufacturers could also petition the FTC for tailored guidance on compliance.
The bill explicitly excludes telephones (including mobile phones), laptops, tablets, devices marketed specifically as cameras or microphones, and any device a consumer would reasonably expect to have a camera or microphone. It would not take effect for any device until 180 days after the FTC issues its guidance, giving manufacturers a phase-in window.
Key provisions
- 1Would require manufacturers of covered internet-connected devices to disclose clearly and conspicuously, prior to purchase, that the device contains a camera or microphone.
- 2Would treat violations of the disclosure requirement as unfair or deceptive acts or practices enforceable by the FTC under the FTC Act, subject to associated penalties.
- 3Would direct the FTC to issue compliance guidance, including best practices for clear and age-appropriate disclosure and use of pictorial symbols, within 180 days of enactment.
- 4Would define 'covered device' to include internet-connected consumer products with a camera or microphone, explicitly excluding phones, laptops, tablets, and devices consumers would reasonably expect to have those features.
- 5Would apply the disclosure requirement only to covered devices manufactured more than 180 days after FTC guidance is issued, exempting devices already manufactured or in interstate commerce.
Who would be affected
Manufacturers of internet-connected consumer products — such as smart TVs, smart refrigerators, home assistants, and similar appliances — that include a built-in camera or microphone. Consumers purchasing those devices would benefit from mandatory pre-purchase disclosure. The Federal Trade Commission would take on new enforcement and guidance responsibilities.
Why it matters
Consumers buying smart home devices would know before completing a purchase whether a camera or microphone is embedded in the product. Manufacturers who fail to make the required disclosure would face FTC enforcement as if they had committed an unfair or deceptive trade practice, with associated civil penalties. The disclosure requirement would not restrict what the devices can do — only require that their surveillance-capable components be made visible to buyers.
What would change
Agencies directed to act
Effective dates
- FTC must issue compliance guidance to manufacturers
- Disclosure requirement applies to covered devices manufactured after this date
Funding and costs
Congressional Budget Office estimate
CBO estimates that implementing H.R. 859 would cost the FTC less than $500,000 annually, with no significant effect on the federal deficit.
H.R. 859 would require manufacturers of Internet-connected devices to disclose to consumers whether those devices contain microphones or cameras, with the Federal Trade Commission (FTC) responsible for enforcement. CBO found that the administrative costs to the FTC of implementing and enforcing these new disclosure requirements would be small — less than $500,000 per year — and would be subject to the availability of appropriated funds (i.e., discretionary spending approved annually by Congress). The bill would impose a mandate on private-sector device manufacturers, but CBO determined the cost of compliance would fall below the threshold for a significant private-sector mandate under the Unfunded Mandates Reform Act.
How implementation would work
The FTC must, within 180 days of enactment and through outreach to private entities, issue guidance on best practices for making disclosures clear, conspicuous, and age-appropriate — including pictorial representations. The disclosure requirement itself does not kick in until 180 days after that guidance is issued, giving manufacturers a compliance runway. Manufacturers may petition the FTC for tailored guidance. Enforcement would proceed under existing FTC Act machinery, including civil penalties, with a savings clause preserving the FTC's other legal authorities. The FTC's guidance is non-binding and cannot itself form the basis of an enforcement action.
Legislative status & sources
Latest action
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 64.
Official CRS summary
Show the CRS summaryHide the CRS summary
This bill requires manufacturers of internet-connected devices (e.g., smart appliances) that are equipped with a camera or microphone to disclose to consumers prior to purchase that a camera or microphone is part of the device.
The bill does not apply to mobile phones, laptops, or other devices that a consumer would reasonably expect to include a camera or microphone.
Legislative subjects
Administrative law and regulatory procedures; Commerce; Computers and information technology; Federal Trade Commission (FTC); Internet, web applications, social media; Photography and imaging; Right of privacy; Sound recording
Committee report
H. Rept. 119-72