Automatic Listening Exploitation Act of 2019

Automatic Listening Exploitation Act of 2019

This bill limits the capturing and use of recordings through smart speakers and video doorbells. Specifically, it prohibits providers of services through smart speakers (e.g., Alexa, Google Home, Apple HomePod) from capturing or storing voice recordings unless the speaker is intentionally activated by the user. Further, the bill prohibits providers of services through video doorbell systems (e.g., Nest, Ring, SimpliSafe) from recording or storing video or audio from such systems unless the doorbell has been activated by (1) pressing the doorbell, (2) a remote user, or (3) the doorbell’s sensor. When such a device has been activated, the video recording must be provided to the remote user via smart phone or similar device at the time the recording is being made.

Except for specified purposes, the use, or transfer to a third party, of such recordings from smart speakers or video doorbells is prohibited unless the user (1) is given clear notice, (2) provides express consent for the specific use or transfer, and (3) has the ability to delete such recordings at any time.

The Federal Trade Commission must enforce the requirements of this bill and treat violations as unfair or deceptive practices and state attorneys general may bring civil actions to (1) enjoin violations, (2) enforce compliance with the requirements of this bill, or (3) obtain fines not to exceed $40,000 for each violation.