[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2356
To provide for notification to consumers before a video service
collects visual or auditory information from the viewing area and to
provide consumers with choices that do not involve the collection of
such information, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 13, 2013
Mr. Capuano (for himself and Mr. Jones) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To provide for notification to consumers before a video service
collects visual or auditory information from the viewing area and to
provide consumers with choices that do not involve the collection of
such information, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``We Are Watching You Act of 2013''.
SEC. 2. NOTIFICATION AND CONSUMER CHOICE.
(a) Notification.--
(1) In general.--An operator of a video service may not
collect visual or auditory information from the vicinity of the
device used to display the video programming stream to the
consumer unless the operator--
(A) displays, as part of the video programming
stream, a message that reads, ``We are watching you.'';
and
(B) provides to the consumer a description of the
types of information that will be collected and how
such information will be used.
(2) On-screen message.--The message required by paragraph
(1)(A) shall be displayed--
(A) continuously during the time information is
being collected; and
(B) in a color, font, and size that are easily
readable at a normal viewing distance.
(3) Description of information collected.--
(A) In general.--The description required by
paragraph (1)(B) shall be provided as part of the terms
and conditions to which the consumer must agree before
using the video service.
(B) Device provided by operator.--In the case of a
video service that is accessed through a device sold or
provided to the consumer by the operator of the video
service, the description required by paragraph (1)(B)
shall be provided as part of the written instructions
and other materials accompanying the device, in
addition to being provided as required by subparagraph
(A).
(b) Consumer Choice of Alternative Service.--
(1) In general.--If an operator offers a video service
involving the collection of visual or auditory information from
the vicinity of the device used to display the video
programming stream to the consumer, such operator shall offer a
video service that does not involve the collection of such
information but is otherwise identical in all respects.
(2) Device provided by operator.--In the case of a video
service that is accessed through a device sold or provided to
the consumer by the operator of the video service, the operator
shall sell or provide in connection with the alternative
service required by paragraph (1) a device that is not capable
of collecting such information.
(c) Requirements for Information Disclosure.--An operator of a
video service that collects visual or auditory information from the
vicinity of the device used to display the video programming stream to
the consumer may only disclose such information--
(1) with the express consent of the consumer; or
(2) as required by a court order issued in connection with
a law enforcement investigation.
(d) Regulations.--The Commission may promulgate regulations in
accordance with section 553 of title 5, United States Code, to
implement and enforce this section.
SEC. 3. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
2 or a regulation promulgated under such section shall be treated as a
violation of a regulation under section 18(a)(1)(B) of the Federal
Trade Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or
deceptive acts or practices.
(b) Powers of Commission.--The Commission shall enforce section 2
and the regulations promulgated under such section in the same manner,
by the same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal Trade
Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a
part of this Act. Any person who violates such section or a regulation
promulgated under such section shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act.
SEC. 4. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(2) Operator.--The term ``operator'' means, with respect to
a video service, the person with whom the consumer directly
interacts to select and initiate the transmission of the video
programming stream.
(3) Video service.--The term ``video service'' means the
transmission of a video programming stream to consumers by
means of the facilities of the operator of the service, the
facilities of another person, or any combination thereof.
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