Section 1 Short title
This Act may be cited as the “Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2023” or the “ENCRYPT Act of 2023”.
Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2023
A BILL
To preempt State data security vulnerability mandates and decryption requirements.
Sec. 2 Preemption of State data security vulnerability mandates and decryption requirements
In general— A State or political subdivision of a State may not—
mandate or request that a manufacturer, developer, seller, or provider of covered products or services—
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
have the ability to decrypt or otherwise render intelligible information that is encrypted or otherwise rendered unintelligible using its product or service; or
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.
Definitions— In this section:
Covered product or service— The term “covered product or service” means any computer hardware, computer software, electronic device, or online service that—
has traveled in interstate or foreign commerce or otherwise affects interstate or foreign commerce; and
is made available to the general public.
Online service— The term “online service” means a service provided over the internet that makes available to users—
the ability to send or receive communications, such as emails, text messages, photos, and audio and video communications;
the ability to share data files with other users; or
remote computer processing or storage.
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.