[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2508 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 2508
To preempt State data security vulnerability mandates and decryption
requirements.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 31, 2025
Mr. Lieu (for himself and Ms. DelBene) 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 consideration
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 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 2025'' or the
``ENCRYPT Act of 2025''.
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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