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This bill would block state and local encryption laws in order to allow a federal encryption tech policy to be developed and implemented nationwide.

The policy would cover any computer hardware, computer software, electronic device, or online service that is available to the public and is used or travels during the course of interstate commerce. Think products (phones, computers, email servers etc.) made by companies like Apple and Google.

Specifically, state and local governments would be barred from requiring these manufacturers, developers, sellers, and providers to allow government surveillance or searches of their products.

State and local governments would be banned from requiring businesses to have the ability to decrypt information encrypted by their products or services. State and local authorities also couldn't prohibit the sale of encrypted products in their jurisdiction.

While this bill has a lot to say about what state and local governments can and cannot do, it does not set a standard for federal regulations on encrypted products and their manufacturers.

","official_title":"To preempt State data security vulnerability mandates and decryption requirements.","short_title":"ENCRYPT Act of 2016","popular_title":null,"short_summary":"Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2016 or the ENCRYPT Act of 2016\n\nThis bill prohibits a state from requiring a manufacturer, developer, seller, or provider of a technology product or service to: (1) alter the security functions of its product or service to allow a government agency to conduct a physical search or user surveillance, or (2) use its product or service to decrypt encrypted information.\n\nA technology product or service includes a commercial computer product, electronic device, or online service that is publicly available.\n\nAdditionally, it bars a state from prohibiting the manufacture, sale or lease, or provision of a technology product or service because it uses encryption or similar security functions.","summarized":true,"cost":null,"cost_commentary":"A CBO cost estimate is unavailable.","impact":"Anyone using computers, electronic devices, email and other online services; manufacturers, developers, sellers, and providers of those products and services; state and local governments, including law enforcement.","argument_for":"State and local governments need to be blocked from enacting their own encryption standards that could vary widely from state to state, causing problems for businesses and consumers. 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Should the Feds Block State and Local Governments from Making Data Encryption (and Decryption) Laws?