S.Amdt. 3364

SA 3364 is an amendment proposed by Mr. Cruz, Ms. Cantwell, and Mr. Curtis to be added to bill S. 2296. The purpose of this amendment is to inform consumers about smart devices.

It aims to add a section that requires manufacturers of covered devices to clearly and conspicuously disclose if the device contains a microphone or camera before a consumer buys it.

Key details of the amendment include:

• Enforcement: The Federal Trade Commission (FTC) is responsible for enforcement. Violations are treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.

• Guidance: The FTC must issue guidance within 180 days of enactment to help manufacturers comply, including best practices for clear, age-appropriate disclosures and visual representations. Manufacturers can also ask for tailored guidance.

• Covered Devices: This applies to internet-connected consumer products with a camera or microphone. It does not include:

  • Phones, laptops, tablets, or devices where a consumer would reasonably expect a camera or microphone.
  • Devices marketed specifically as microphones, telecommunications devices, or cameras.
  • Specific devices or apparatuses described in certain sections of the Communications Act of 1934.

• Effective Date: The rules apply to covered devices manufactured 180 days after the FTC issues its guidance. It does not apply to devices manufactured, sold, or introduced into interstate commerce before that date.