Bills of Congress by U.S. Congress

S.28 - Informing Consumers about Smart Devices Act (119th Congress)

Summary

The Informing Consumers about Smart Devices Act (S.28) mandates that manufacturers of internet-connected devices with cameras or microphones must clearly disclose this capability to consumers before purchase. This aims to increase transparency and consumer awareness regarding the presence of recording devices in common household items. The Federal Trade Commission (FTC) is tasked with enforcing the Act and providing guidance to manufacturers on compliance.

Expected Effects

The Act will likely lead to greater consumer awareness of 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 key role in setting standards for clear and conspicuous disclosure.

Potential Benefits

  • Increased consumer awareness about the presence of cameras and microphones in internet-connected devices.
  • Empowers consumers to make informed purchasing decisions based on privacy considerations.
  • Encourages manufacturers to be more transparent about device capabilities.
  • May lead to improved privacy practices among manufacturers.
  • Provides a framework for the FTC to enforce disclosure requirements and protect consumers.

Potential Disadvantages

  • Potential for increased costs for manufacturers to update packaging and labeling.
  • The definition of "covered device" may be subject to interpretation, leading to potential loopholes.
  • The Act does not address the actual use or security of the cameras and microphones, only the disclosure of their presence.
  • The effectiveness of the disclosure depends on the FTC's guidance and enforcement.
  • May not significantly impact consumers who are already aware of the prevalence of cameras and microphones in smart devices.

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 disclosure of information on products sold in interstate commerce, the Act falls under this authority. Additionally, 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).