We Are Watching You Act of 2017

We Are Watching You Act of 2017

This bill prohibits an operator of a video service from collecting visual or auditory information from the vicinity of the device used to display the video programming stream to the consumer unless the operator: (1) displays, as part of the stream, a message that reads, "We are watching you"; and (2) describes to the consumer the types of information that will be collected and how such information will be used.

The description of information collection must be provided: (1) as part of the terms and conditions to which the consumer must agree before using the video service; and (2) in the case of a video service accessed through a device sold or provided to the consumer by the operator, as part of the written instructions and other materials accompanying such device.

Operators must offer an alternative video service that does not involve the collection of such information but is otherwise identical. Any devices provided in connection with such alternative service must be incapable of collecting such information.

Operators may disclose such information only with the express consent of the consumer or as required by a court order in connection with a law enforcement investigation.

Violations of this bill are to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.