US Codex
Bill
Notes

Secure Data Act of 2018

H.R. 5823 · 115th Congress · May 15, 2018 · Lineage

A BILL

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

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.