Bills of Congress by U.S. Congress

H.R.859 - Informing Consumers about Smart Devices Act (119th Congress)

Summary

H.R. 859, the "Informing Consumers about Smart Devices Act," mandates that manufacturers of internet-connected devices with cameras or microphones must clearly disclose this capability to consumers before purchase. The Federal Trade Commission (FTC) is tasked with enforcing the Act and providing guidance to manufacturers on compliance. The Act aims to increase transparency and consumer awareness regarding the presence of recording capabilities in smart devices.

Expected Effects

This act will likely lead to greater consumer awareness about the presence of cameras and microphones in smart devices. Manufacturers will need to update their packaging and product information to comply with the disclosure requirements. The FTC will play a role in setting standards and enforcing the new regulations, potentially leading to increased regulatory oversight of the smart device industry.

Potential Benefits

  • Increased consumer awareness regarding recording capabilities in smart devices.
  • Greater transparency from manufacturers about device features.
  • Empowerment of consumers to make informed purchasing decisions based on privacy considerations.
  • Potential for fostering greater trust between consumers and manufacturers.
  • FTC guidance to ensure clear and conspicuous disclosures.

Potential Disadvantages

  • Increased compliance costs for manufacturers, potentially leading to higher prices for consumers.
  • Potential for loopholes or ambiguities in the definition of "covered device".
  • Limited scope, as it excludes devices where a camera or microphone is reasonably expected.
  • Possible delays in the market introduction of new smart devices due to compliance requirements.
  • The effectiveness of the disclosures depends on consumer awareness and understanding.

Constitutional Alignment

The Act aligns with the Commerce Clause (Article I, Section 8, Clause 3) of the U.S. Constitution, which grants Congress the power to regulate interstate commerce. By regulating the manufacturing and sale of devices across state lines, the Act falls under this purview. The Act does not appear to infringe upon any specific individual rights or liberties protected by the Constitution or its amendments.

Impact Assessment: Things You Care About

This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).