S-1654-119
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Sponsored by Marsha Blackburn (R-TN)
What it does
This bill would require transportation network companies like Uber and Lyft to make drivers register any camera that records video of passengers, notify riders through the app when a car has such a camera, and let riders opt out of being matched with camera-equipped vehicles. It would also restrict companies from retaining or sharing passenger recordings except for reporting crimes, insurance claims, or checking compliance with terms of service, and would make violations enforceable by the Federal Trade Commission as unfair or deceptive practices.
Who benefits
Rideshare passengers who want notice of in-vehicle recording and the ability to avoid it, particularly privacy-conscious riders; passengers who report unauthorized recording or being matched with camera vehicles after opting out would gain a formal complaint mechanism.
Who is hurt
Drivers who use dashcams for personal safety or insurance documentation may see reduced ride matches if riders opt out, potentially lowering their earnings; transportation network companies would bear compliance costs to build registration, notification, and opt-out systems; companies could also face FTC enforcement actions and penalties for violations even by independent drivers.
Supporters argue
Supporters argue that riders have a right to know when they are being recorded and should not be forced to choose between personal privacy and access to transportation. They contend that dashcam footage has sometimes been misused or shared without consent, and that a clear notice-and-opt-out system, enforced by the FTC, closes a gap in existing consumer protection law without banning cameras outright.
Opponents argue
Opponents argue that in-car cameras are widely used by drivers for personal safety and to resolve disputes, and that mandatory opt-out systems could reduce ride availability for passengers who decline camera-equipped cars, particularly in areas with fewer drivers. They contend the compliance burden of registration and notification systems, combined with FTC enforcement exposure, falls on companies for driver behavior they may not fully control.
Constitutional context
Congress regulates transportation network companies operating across state lines under the Commerce Clause (Art. I, §8, cl. 3), and the FTC's enforcement role rests on its existing statutory authority under the FTC Act rather than a novel delegation, so this bill does not raise a major questions doctrine concern comparable to sweeping agency rulemaking cases.
Checks and balances
Congress would set the substantive notice and opt-out requirements directly in statute, while the FTC gains enforcement authority under its existing unfair-or-deceptive-practices framework, with courts available to review FTC actions.
Historical precedent
The FTC has long enforced privacy and disclosure requirements as unfair or deceptive practices under the FTC Act, though this would be the first federal statute specifically targeting camera disclosure in rideshare vehicles.