California Governor Signs Law Prohibiting Smart TV Makers from Using Voice-recognition Without Consumers' Consent | Practical Law

California Governor Signs Law Prohibiting Smart TV Makers from Using Voice-recognition Without Consumers' Consent | Practical Law

The Governor of California announced that he signed into law, a bill that prohibits smart-tv makers from enabling voice-recognition features without consumers' consent. The law also bars manufacturers from using recorded conversations for certain purposes.

California Governor Signs Law Prohibiting Smart TV Makers from Using Voice-recognition Without Consumers' Consent

by Practical Law Intellectual Property & Technology
Published on 09 Oct 2015 • California
The Governor of California announced that he signed into law, a bill that prohibits smart-tv makers from enabling voice-recognition features without consumers' consent. The law also bars manufacturers from using recorded conversations for certain purposes.
On October 6, 2015, California Governor Jerry Brown announced that he has signed AB 1116 into law, a bill that requires smart-tv manufacturers to get consumers' consent before enabling voice-recognition features on internet-connected televisions.
Under current law, it is a crime for owners, operators and managers of satellite or cable television companies to use an electronic device to record or monitor a subscriber's conversation inside the home without the subscriber's express written consent. Current law also requires that any internet-capable device that may be used in a home or small office setting include, among other things:
  • A mechanism that requires the user to affirmatively assent to using the device.
  • An advisory on how to protect the wireless connection from unauthorized access.
AB 1116 expands current law to prohibit the makers of internet-connected televisions from:
  • Operating any voice-recognition features without prominently informing the user of these features during the initial setup or installation of the television.
  • Recording any actual conversations captured by the voice-recognition software, including any third-party contracting with the manufacturer.
  • Selling any conversations captured by the voice-recognition software to be used for advertising purposes.
The law also prohibits a person from compelling a smart-tv manufacturer to operate the voice-recognition feature so that law enforcement may monitor a user's conversations.
The bill specifically excludes a private right of action and provides enforcement authority to the California attorney general or district attorneys.