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 bill tasks the Federal Trade Commission (FTC) with enforcing this disclosure requirement 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 bill will likely lead to increased consumer awareness about the presence of cameras and microphones in internet-connected devices. Manufacturers will need to update their packaging and product information to comply with the disclosure requirements. The FTC will play a role in enforcing the act and providing guidance, potentially leading to new regulations and enforcement actions.
Potential Benefits
- Increased Consumer Awareness: Consumers will be better informed about the capabilities of smart devices before purchasing them.
- Enhanced Privacy: The disclosure requirement empowers consumers to make informed decisions about their privacy.
- Market Transparency: The act promotes transparency in the smart device market.
- FTC Guidance: The FTC's guidance will help manufacturers understand and comply with the new requirements.
- Age Appropriate Disclosures: The FTC guidance will include best practices for making the disclosure as clear, conspicuous and age appropriate as practicable.
Most Benefited Areas:
Potential Disadvantages
- Compliance Costs: Manufacturers may incur costs to update product packaging and information.
- Limited Scope: The act excludes certain devices like phones and laptops, potentially creating loopholes.
- Enforcement Challenges: The FTC may face challenges in enforcing the act across a wide range of manufacturers and devices.
- Guidance Limitations: The guidance issued by the FTC does not 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.
- Potential for Over-Disclosure: Manufacturers might over-disclose to avoid liability, potentially overwhelming consumers with information.
Constitutional Alignment
The bill 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 disclosure of information on internet-connected devices, the bill aims to prevent deceptive practices and ensure fair competition in the marketplace. The First Amendment implications are minimal, as the bill requires disclosure of factual information and does not restrict speech.
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).