,i  #aacth ,,congress  #b;d ,session    
,h4 ,r4 #djdh  ,,in ,,the ,,house ,,of  
,,representatives  ,february #aa1 #bjad 
,mr4 ,duffy introduced the following    
bill2 which was referred to the         
,committee on ,energy and ,commerce  ,a 
,,bill  ,to direct the ,federal ,trade  
,commission to promulgate regulations   
prohibiting mobile applications from    
accessing certain content and functions 
of a mobile device when such            
applications are not actively in use    
unless the user is provided with a      
disclosure of such access and grants    
affirmative express consent to such     
access4  #a4 ,short title ,this ,act may
 be cited as the ,securing ,our         
,nation's ,application ,privacy ,act of 
#bjad or the ,,snap ,act of #bjad4  #b4 
,access by mobile applications to       
certain device content and functions    
7a7 ,in general ,not later than #a year 
after the date of the enactment of this 
,act1 the ,federal ,trade ,commission   
shall promulgate regulations in         

accordance with section #eec of title   
#e1 ,united ,states ,code1 that         
require--  7#a7 any person who develops1
 sells or offers for sale1 or otherwise 
makes available to consumers a mobile   
application to ensure that the          
application does not access any content 
or functions described in subsection 7b7
 while the application is not actively  
in use1 unless--  7,a7 the application  
triggers the disclosure and consent     
functions of the mobile platform or     
operating system described in paragraph 
7#b72 and  7,b7 the user grants         
affirmative express consent as described
 in such paragraph2 and  7#b7 any person
 who develops1 sells or offers for sale1
 or otherwise makes available to        
consumers a mobile platform or operating
 system to ensure that the mobile       
platform or operating system--  7,a7    
immediately before any mobile           
application that is installed on the    
mobile device and that is not actively  
in use accesses any content or functions

 described in subsection 7b71 provides  
the user of the device with a disclosure
 of such access and the opportunity to  
grant affirmative express consent to    
such access or to deny such access2 and 
7,b7 prevents the application from      
engaging in such access unless the user 
of the device grants such affirmative   
express consent4  7b7 ,content described
 ,the content and functions described in
 this subsection are the following3     
7#a7 ,information about the geographic  
location of the device4  7#b7 ,contact  
information of individuals stored on the
 device4  7#c7 ,photographs1 video      
recordings1 or audio recordings stored  
on the device4  7#d7 ,events or         
notations stored in a calendar          
application 7or an application with     
calendar functions7 on the device4  7#e7
 ,a camera of the device or any         
information obtained from such a camera4
  7#f7 ,a microphone of the device or   
any information obtained from such a    
microphone4  7#g7 ,such additional      

content or functions specified by the   
,federal ,trade ,commission in the      
regulations promulgated under subsection
 7a7 as the ,commission considers       
necessary to protect the privacy of     
users of mobile devices4  #c4           
,enforcement by ,federal ,trade         
,commission  7a7 ,unfair or deceptive   
acts or practices ,a violation of a     
regulation promulgated under section #b 
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 ,federal    
,trade ,commission shall enforce the    
regulations promulgated under section #b
 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 a regulation 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 
,actively in use ,the term actively in  
use means1 with respect to a mobile     
application1 that--  7,a7 the           
application is operating in accordance  
with the terms of service provided by   
the developer of the application to the 
user of the mobile device2 and  7,b7 the
 user of the mobile device is           
interacting with the application or the 
application is otherwise operating in a 
manner such that a user of ordinary     
technical expertise and experience would
 consider the application to be active1 
open1 or running4  7#b7 ,mobile         
application ,the term mobile application
 means a software program that runs on  
the mobile platform or operating system 
of a mobile device4  7#c7 ,mobile device
 ,the term mobile device means a        

smartphone1 tablet computer1 or similar 
portable computing device that transmits
 data over a wireless connection4  7#d7 
,mobile platform or operating system    
,the term mobile platform or operating  
system means the software that enables  
the basic functionality of a mobile     
device and the installation and use of  
mobile applications on the device4