,i  #aacth ,,congress  #ast ,session    
,h4 ,r4 #bcef  ,,in ,,the ,,house ,,of  
,,representatives  ,june #ac1 #bjac ,mr4
 ,capuano 7for himself and ,mr4 ,jones7 
introduced the following bill2 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 information1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,we ,are       
,watching ,you ,act of #bjac4  #b4      
,notification and consumer choice  7a7  
,notification  7#a7 ,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--  7,a7
 displays1 as part of the video         
programming stream1 a message that      

reads1 ,we are watching you42 and  7,b7 
provides to the consumer a description  
of the types of information that will be
 collected and how such information will
 be used4  7#b7 ,on-screen message ,the 
message required by paragraph 7#a77;,a7 
shall be displayed--  7,a7 continuously 
during the time information is being    
collected2 and  7,b7 in a color1 font1  
and size that are easily readable at a  
normal viewing distance4  7#c7          
,description of information collected   
7,a7 ,in general ,the description       
required by paragraph 7#a77;,b7 shall be
 provided as part of the terms and      
conditions to which the consumer must   
agree before using the video service4   
7,b7 ,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 service1 the description  
required by paragraph 7#a77;,b7 shall be
 provided as part of the written        
instructions and other materials        

accompanying the device1 in addition to 
being provided as required by           
subparagraph 7,a74  7b7 ,consumer choice
 of alternative service  7#a7 ,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     
consumer1 such operator shall offer a   
video service that does not involve the 
collection of such information but is   
otherwise identical in all respects4    
7#b7 ,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 service1 the operator     
shall sell or provide in connection with
 the alternative service required by    
paragraph 7#a7 a device that is not     
capable of collecting such information4 
7c7 ,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--  7#a7  
with the express consent of the         
consumer2 or  7#b7 as required by a     
court order issued in connection with a 
law enforcement investigation4  7d7     
,regulations ,the ,commission may       
promulgate regulations in accordance    
with section #eec of title #e1 ,united  
,states ,code1 to implement and enforce 
this section4  #c4 ,enforcement by      
,federal ,trade ,commission  7a7 ,unfair
 or deceptive acts or practices ,a      
violation of section #b or a regulation 
promulgated under such section shall be 
treated as a violation of a regulation  
under section #ah7;a77#a77;,b7 of the   
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #eg;a7a77#a77;,b77 regarding  
unfair or deceptive acts or practices4  
7b7 ,powers of ,commission ,the         
,commission shall enforce section #b and
 the regulations promulgated under such 

section in the same manner1 by the same 
means1 and with the same jurisdiction1  
powers1 and duties as though all        
applicable terms and provisions of the  
,federal ,trade ,commission ,act 7#ae   
,u4,s4,c4 #da et seq47 were incorporated
 into and made a part of this ,act4 ,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 ,act4  #d4          
,definitions ,in this ,act3  7#a7       
,commission ,the term ,commission means 
the ,federal ,trade ,commission4  7#b7  
,operator ,the term operator means1 with
 respect to a video service1 the person 
with whom the consumer directly         
interacts to select and initiate the    
transmission of the video programming   
stream4  7#c7 ,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 service1 the facilities 
of another person1 or any combination   
thereof4