,i #aafth ,,congress #ast ,session ,h4 ,r4 #djdh ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,moulton introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to limit the use1 recording1 or transmission of any speech or sound captured by a smart speaker1 or any video or image captured by a video doorbell1 and to prohibit1 as an unfair or deceptive act or practice1 such use1 recording1 or transmission without the express consent of the consumer4 #a4 ,short title ,this ,act may be cited as the ,automatic ,listening ,exploitation ,act of #bjai4 #b4 ,conduct prohibited 7a7 ,smart speakers ,it shall be unlawful for a person who provides any smart service through a proprietary smart speaker to-- 7#a7 store or make a recording or transcript of any speech or sound captured by a smart speaker unless-- 7,a7 the smart speaker is specifically activated to do so by detecting an audible wake word or phrase that is known to the user2 and 7,b7 the smart speaker first makes an audible response or visual indication upon activation by such wake word or phrase2 or 7#b7 use any storage or recording or transcript of any voice interaction by a user with the voice-user interface1 or transmit such recording or transcript to a third party1 for any purpose-- 7,a7 other than to-- 7i7 process a request and provide the service the user is requesting2 7ii7 improve the speech recognition and natural language understanding of the voice-user interface2 or 7iii7 help the voice-user interface to adapt to speech patterns1 vocabulary1 and personal preferences2 and 7,b7 without-- 7i7 first providing to the user of the smart speaker when the speaker is first set up for use a clear and conspicuous notice1 set off from other text in any user agreement1 of the specific purpose or purposes described in subparagraph 7,a72 7ii7 first obtaining the express consent of the user for that specific purpose2 and 7iii7 permitting the user of the smart speaker to require the deletion of any recording or transcript of any speech or sound captured by a smart speaker of such user at any time4 7b7 ,video doorbells ,it shall be unlawful for a person who provides any security monitoring or other service through a proprietary video doorbell to-- 7#a7 store or make a recording of any video1 image1 or audio captured by the video doorbell's camera unless-- 7,a7 the video doorbell is specifically activated to do so when an individual presses the button of the doorbell1 or alternatively1 when the doorbell senses an individual at the doorstep with its built-in motion sensors1 or is activated remotely by the user of the doorbell through the user's smartphone1 computer1 or similar internet-enabled mobile device2 and 7,b7 such video or image is provided to the user of the video doorbell at the time such video or image is captured2 or 7#b7 use any storage or recording of any video1 image1 or audio captured by the video doorbell's camera1 or transmit such recording to a third party1 for any purpose-- 7,a7 other than to provide the video1 image1 or audio to the user of the video doorbell or to allow the user using a smartphone1 computer1 or other internet-enabled device to watch and talk with a guest at the door by using the doorbell's built-in camera and microphone2 and 7,b7 without-- 7i7 first providing to the user of the video doorbell when the video doorbell is first set up for use a clear and conspicuous notice1 set off from other text in any user agreement1 of the specific purpose or purposes described in subparagraph 7,a72 7ii7 first obtaining the express consent of the user for that specific purpose2 and 7iii7 permitting the user of the video doorbell to require the deletion of any recording of any video or image captured by the video doorbell's camera of such user at any time4 #c4 ,enforcement 7a7 ,federal ,trade ,commission 7#a7 ,unfair or deceptive act or practice ,a violation of a section #b shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7#b7 ,powers of ,commission ,the ,federal ,trade ,commission shall enforce this ,act 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 section #b shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7b7 ,enforcement by ,state attorneys general 7#a7 ,in general ,if the attorney general of a ,state1 or an official or agency designated by a ,state1 has reason to believe that any person has violated or is violating this ,act1 the attorney general1 or other official or agency of the ,state1 in addition to any authority it may have to bring an action in ,state court under its consumer protection law1 may bring a civil action in any appropriate ,united ,states district court or in any other court of competent jurisdiction1 including a ,state court1 to-- 7,a7 enjoin further such violation by the defendant2 7,b7 enforce compliance with this ,act2 or 7,c7 obtain civil penalties not to exceed #dj1jjj per violation4 7#b7 ,notice and intervention by the ,,ftc ,the attorney general of a ,state shall provide prior written notice of any action under paragraph 7#a7 to the ,federal ,trade ,commission and provide the ,commission with a copy of the complaint in the action1 except in any case in which such prior notice is not feasible1 in which case the attorney general shall serve such notice immediately upon instituting such action4 ,the ,commission shall have the right-- 7,a7 to intervene in the action2 7,b7 upon so intervening1 to be heard on all matters arising therein2 and 7,c7 to file petitions for appeal4 7#c7 ,limitation on ,state action while ,federal action is pending ,if the ,federal ,trade ,commission has instituted a civil action for violation of this ,act1 no ,state attorney general1 or official or agency of a ,state1 may bring an action under paragraph 7#a7 during the pendency of the action initiated by the ,commission against any defendant named in the complaint of the ,commission for any violation of this ,act alleged in the complaint4 #d4 ,definitions ,as used in this ,act1 the following definitions apply3 7#a7 ,the term ,internet-enabled means1 with respect to an electronic device1 that the device can connect to the ,internet directly or through another device4 7#b7 ,the term person means any individual1 partnership1 corporation1 trust1 estate1 cooperative1 association1 or other entity4 7#c7 ,the term smart service means any service provided to a consumer using a smart speaker1 such as ,internet content streaming services or virtual assistant services4 7#d7 ,the term smart speaker means an ,internet-enabled electronic device that can be controlled through a voice-user interface that provides a smart service to a user4 7#e7 ,the term user means-- 7,a7 an individual who uses or interacts with a smart speaker using spoken or other commands2 or 7,b7 an individual who is provided images or audio captured by1 or the ability to interact with1 a video doorbell through the user's smartphone1 tablet computer1 or similar ,internet-enabled mobile device4 7#f7 ,the term video doorbell means an ,internet-enabled doorbell1 equipped with a camera or microphone1 or both1 that-- 7,a7 notifies the smartphone1 computer1 or similar ,internet-enabled mobile device of a user when a guest arrives to the entrance of the door2 7,b7 is activated when the guest presses the button of the doorbell1 or alternatively1 when the doorbell senses a guest with its built-in motion sensors1 or activate remotely by the user of the doorbell through the user's smartphone1 computer1 or similar ,internet-enabled mobile device2 and 7,c7 may allow the user using the smartphone1 computer1 or other ,internet-enabled device to watch and talk with the guest by using the doorbell's built-in camera and microphone4 7#g7 ,the term voice-user interface is a speech recognition technology that understands spoken commands and questions to allow people to communicate with a computer or smart speaker4 7#h7 ,the term wake word or phrase means a spoken word or phrase that triggers the voice-user interface on a smart speaker to listen for user commands or queries4