1. Short title This Act may be cited as the Automatic Listening Exploitation Act of 2019 . 2. Conduct prohibited (a) Smart speakers It shall be unlawful for a person who provides any smart service through a proprietary smart speaker to— (1) store or make a recording or transcript of any speech or sound captured by a smart speaker unless— (A) the smart speaker is specifically activated to do so by detecting an audible wake word or phrase that is known to the user; and (B) the smart speaker first makes an audible response or visual indication upon activation by such wake word or phrase; or (2) use any storage or recording or transcript of any voice interaction by a user with the voice-user interface, or transmit such recording or transcript to a third party, for any purpose— (A) other than to— (i) process a request and provide the service the user is requesting; (ii) improve the speech recognition and natural language understanding of the voice-user interface; or (iii) help the voice-user interface to adapt to speech patterns, vocabulary, and personal preferences; and (B) without— (i) first providing to the user of the smart speaker when the speaker is first set up for use a clear and conspicuous notice, set off from other text in any user agreement, of the specific purpose or purposes described in subparagraph (A); (ii) first obtaining the express consent of the user for that specific purpose