Title: Secure Data Act of 2018
Policy area: Government Operations and Politics

Summary:
Secure Data Act of 2018
This bill prohibits: (1) a federal agency from requiring or requesting a manufacturer, developer, or seller of any computer hardware, software, or electronic device made available to the general public to design or alter the security functions in such products to allow the surveillance of any user or the physical search of such product by any agency; and (2) a court from issuing an order to compel any such manufacturer, developer, or seller to design or alter the security functions in its product to allow such surveillance, or to allow the physical search of such product, by an agency.
The bill exempts from such prohibition mandates, requests, or court orders authorized under the Communications Assistance for Law Enforcement Act.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5823 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 5823

     To prohibit Federal agencies from mandating the deployment of 
             vulnerabilities in data security technologies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2018

Ms. Lofgren (for herself, Mr. Massie, Mr. Nadler, Mr. Poe of Texas, Mr. 
 Ted Lieu of California, and Mr. Gaetz) introduced the following bill; 
 which was referred to the Permanent Select Committee on Intelligence, 
 and in addition to the Committee on the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
     To prohibit Federal agencies from mandating the deployment of 
             vulnerabilities in data security technologies.

    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 ``Secure Data Act of 2018''.

SEC. 2. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

    (a) Agency Actions.--Except as provided in subsection (c), no 
agency may mandate or request that a manufacturer, developer, or seller 
of covered products 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.
    (b) Court Orders.--Except as provided in subsection (c), no court 
may issue an order to compel a manufacturer, developer, or seller of 
covered products to 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 
an agency.
    (c) Exception.--Subsections (a) and (b) shall not apply to 
mandates, requests, or court orders authorized under the Communications 
Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).
    (d) Definitions.--In this section--
            (1) the term ``agency'' has the meaning given the term in 
        section 3502 of title 44, United States Code; and
            (2) the term ``covered product'' means any computer 
        hardware, computer software, or electronic device that is made 
        available to the general public.
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