Informing Consumers about Smart Devices Act
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Would require manufacturers of internet-connected "smart" devices — such as smart appliances and speakers — to clearly disclose to consumers before purchase whether the device contains a camera or microphone.
The bill targets a gap in consumer awareness: devices that are not obviously recording-capable but secretly include those components, leaving enforcement to the Federal Trade Commission.
What this bill would do
What it would do
The bill would require every manufacturer of a covered internet-connected device to disclose, clearly and conspicuously and before the point of purchase, whether the device contains a camera or microphone. Violations would be treated as unfair or deceptive trade practices and enforced by the Federal Trade Commission (FTC). The FTC would also be required to issue guidance within 180 days of enactment — including best practices for making disclosures clear, age-appropriate, and potentially pictorial — and manufacturers could petition the FTC for tailored compliance guidance.
The bill would not apply to phones, laptops, tablets, or any device a consumer would reasonably expect to include a camera or microphone, nor to devices specifically marketed as cameras, telecommunications devices, or microphones. The disclosure requirement would take effect for devices manufactured more than 180 days after the FTC issues its guidance, and would not apply retroactively to devices already on the market.
Key provisions
- 1Would require manufacturers to clearly and conspicuously disclose, prior to purchase, whether a covered internet-connected device contains a camera or microphone.
- 2Would treat a failure to disclose as a violation of an unfair or deceptive trade practice rule, subject to FTC enforcement and penalties under the FTC Act.
- 3Would direct the FTC to issue compliance guidance — including best practices for clear, age-appropriate, and pictorial disclosures — within 180 days of enactment.
- 4Would allow manufacturers to petition the FTC for tailored guidance on how to meet the disclosure requirement consistent with existing rules.
- 5Would define 'covered device' as an internet-connected consumer product with a camera or microphone, explicitly excluding phones, laptops, tablets, and devices consumers reasonably expect to include such components.
- 6Would apply the disclosure requirement only to devices manufactured more than 180 days after FTC guidance is issued, with no retroactive effect.
Who would be affected
Manufacturers of internet-connected consumer products — such as smart TVs, smart appliances, home assistants, and similar devices — that include cameras or microphones. Consumers shopping for such devices would receive the required disclosures. The FTC would be assigned enforcement and guidance responsibilities. Phones, laptops, tablets, and devices consumers already expect to have cameras or microphones are excluded.
Why it matters
Consumers who buy smart appliances or home devices may not realize those products contain a camera or microphone capable of recording them. If enacted, this bill would give shoppers a clear, pre-purchase notice before they bring such devices into their homes, and give the FTC authority to penalize manufacturers who fail to provide it.
What would change
Changes to existing law
Amends Federal Trade Commission Act (15 U.S.C. 41 et seq.) (Sec. 3)
Treats failure to disclose camera or microphone presence as a violation of an unfair or deceptive acts or practices rule, adding a new enforcement trigger.
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 S. 28 would cost $4 million over the 2025–2030 period in discretionary spending subject to appropriation, with no effect on direct spending and a negligible effect on revenues and the deficit.
CBO estimates that implementing S. 28 would require the Federal Trade Commission to hire roughly three to four additional employees to issue guidance and enforce the bill's disclosure requirements, costing approximately $4 million over the 2025–2030 period; that spending would be subject to the availability of appropriated funds (i.e., Congress would need to provide the money each year). Direct spending (mandatory outlays) would not change, and any additional revenues from civil monetary penalties collected by the FTC would be insignificant. The bill contains a private-sector mandate — requiring manufacturers of internet-connected devices to disclose the presence of microphones or cameras — but CBO estimates the compliance cost would fall below UMRA's annual threshold ($203 million in 2025), largely because most manufacturers already provide such disclosures. No intergovernmental mandates were identified.
How implementation would work
Within 180 days of enactment, the FTC must issue guidance — developed through outreach to private industry — on how manufacturers can make disclosures clear, conspicuous, age-appropriate, and potentially pictorial. The disclosure requirement itself would kick in for devices manufactured more than 180 days after that guidance is issued, creating a phased rollout. Manufacturers may petition the FTC for tailored guidance. Violations are treated as unfair or deceptive trade practices under the FTC Act, meaning the FTC may pursue penalties through its standard enforcement mechanisms, but may not base an enforcement action solely on inconsistency with its own guidance.
Legislative status & sources
Latest action
Placed on Senate Legislative Calendar under General Orders. Calendar No. 47.
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
S. Rept. 119-13