ENCRYPT Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 3520 To preempt State data security vulnerability mandates and decryption requirements. IN THE HOUSE OF REPRESENTATIVES MAY 25, 2021 Mr. LIEU (for himself, Ms. DELBENE, Ms. ESHOO, and Ms. MACE) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To preempt State data security vulnerability mandates and decryption requirements. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ensuring National 4 Constitutional Rights for Your Private Telecommuni- 5 cations Act of 2021’’ or the ‘‘ENCRYPT Act of 2021’’. 6 VerDate Sep 11 2014 22:37 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3520.IH H3520 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 3520 IH SEC. 2. PREEMPTION OF STATE DATA SECURITY VULNER- 1 ABILITY MANDATES AND DECRYPTION RE- 2 QUIREMENTS. 3 (a) IN GENERAL.—A State or political subdivision of 4 a State may not— 5 (1) mandate or request that a manufacturer, 6 developer, seller, or provider of covered products or 7 services— 8 (A) design or alter the security functions 9 in its product or service to allow the surveil- 10 lance of any user of such product or service, or 11 to allow the physical search of such product, by 12 any agency or instrumentality of a State, a po- 13 litical subdivision of a State, or the United 14 States; or 15 (B) have the ability to decrypt or otherwise 16 render intelligible information that is encrypted 17 or otherwise rendered unintelligible using its 18 product or service; or 19 (2) prohibit the manufacture, sale or lease, of- 20 fering for sale or lease, or provision to the general 21 public of a covered product or service because such 22 product or service uses encryption or a similar secu- 23 rity function. 24 (b) DEFINITIONS.—In this section: 25 VerDate Sep 11 2014 22:37 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3520.IH H3520 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 3520 IH (1) COVERED PRODUCT OR SERVICE.—The 1 term ‘‘covered product or service’’ means any com- 2 puter hardware, computer software, electronic de- 3 vice, or online service that— 4 (A) has traveled in interstate or foreign 5 commerce or otherwise affects interstate or for- 6 eign commerce; and 7 (B) is made available to the general public. 8 (2) ONLINE SERVICE.—The term ‘‘online serv- 9 ice’’ means a service provided over the internet that 10 makes available to users— 11 (A) the ability to send or receive commu- 12 nications, such as emails, text messages, 13 photos, and audio and video communications; 14 (B) the ability to share data files with 15 other users; or 16 (C) remote computer processing or storage. 17 (3) STATE.—The term ‘‘State’’ means each of 18 the several States, the District of Columbia, each 19 commonwealth, territory, or possession of the United 20 States, and each federally recognized Indian Tribe. 21 Æ VerDate Sep 11 2014 22:37 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H3520.IH H3520 kjohnson on DSK79L0C42PROD with BILLS