Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2021
Bill: H.R.3520 | Sponsor: Rep. Lieu, Ted (D-CA)
Policy area: Crime and Law Enforcement

Summary:
Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2021 or the ENCRYPT Act of 2021
This bill prohibits a state from requiring a manufacturer, developer, seller, or provider of a technology product or service to (1) alter the security functions of its product or service to allow a government agency to conduct a physical search or user surveillance, or (2) use its product or service to decrypt encrypted information.
A technology product or service includes a commercial computer product, electronic device, or online service that is publicly available.
Additionally, it bars a state from prohibiting the manufacture, sale or lease, or provision of a technology product or service because it uses encryption or similar security functions.

To preempt State data security vulnerability mandates and decryption 
                             requirements.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring National Constitutional 
Rights for Your Private Telecommunications Act of 2021'' or the 
``ENCRYPT Act of 2021''.

SEC. 2. PREEMPTION OF STATE DATA SECURITY VULNERABILITY MANDATES AND 
              DECRYPTION REQUIREMENTS.

    (a) In General.--A State or political subdivision of a State may 
not--
            (1) mandate or request that a manufacturer, developer, 
        seller, or provider of covered products or services--
                    (A) design or alter the security functions in its 
                product or service to allow the surveillance of any 
                user of such product or service, or to allow the 
                physical search of such product, by any agency or 
                instrumentality of a State, a political subdivision of 
                a State, or the United States; or
                    (B) have the ability to decrypt or otherwise render 
                intelligible information that is encrypted or otherwise 
                rendered unintelligible using its product or service; 
                or
            (2) prohibit the manufacture, sale or lease, offering for 
        sale or lease, or provision to the general public of a covered 
        product or service because such product or service uses 
        encryption or a similar security function.
    (b) Definitions.--In this section:
            (1) Covered product or service.--The term ``covered product 
        or service'' means any computer hardware, computer software, 
        electronic device, or online service that--
                    (A) has traveled in interstate or foreign commerce 
                or otherwise affects interstate or foreign commerce; 
                and
                    (B) is made available to the general public.
            (2) Online service.--The term ``online service'' means a 
        service provided over the internet that makes available to 
        users--
                    (A) the ability to send or receive communications, 
                such as emails, text messages, photos, and audio and 
                video communications;
                    (B) the ability to share data files with other 
                users; or
                    (C) remote computer processing or storage.
            (3) State.--The term ``State'' means each of the several 
        States, the District of Columbia, each commonwealth, territory, 
        or possession of the United States, and each federally 
        recognized Indian Tribe.
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