Us Congress 2023-2024 Regular Session

Us Congress House Bill HB5311

Introduced
8/29/23  
Refer
8/29/23  

Caption

ENCRYPT Act of 2023 Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2023

Impact

The implementation of HB5311 would prevent states from requiring manufacturers or providers of technology to create vulnerabilities in their products, thereby protecting against unauthorized surveillance. The bill emphasizes the provision that these states cannot request alterations that would enable surveillance or the decryption of data, which is crucial in a landscape increasingly concerned with privacy and cyber security. This measure reflects a federal stance on the importance of encryption technologies in defending against potential privacy violations.

Summary

HB5311, known as the ENCRYPT Act of 2023, proposes to preempt state-level data security mandates and decryption requirements. The primary goal of the bill is to ensure that state governments do not interfere with the security protocols of telecommunications companies and digital service providers. By prohibiting states from mandating any alterations to the security functions of covered products or services, this bill seeks to safeguard the integrity of user data and maintain constitutional rights related to private telecommunications.

Contention

However, the bill is not without contention. Critics argue that while it is important to protect privacy, such sweeping preemption could hinder states’ abilities to enact laws intended to promote consumer protection and data security in their jurisdictions. There is concern regarding the balance between federal oversight and state autonomy in addressing specific security vulnerabilities that may not be accounted for at the federal level. This debate highlights the tension between national preemption and local control over legislation that directly impacts the safety and security of residents' personal data.

Companion Bills

No companion bills found.

Previously Filed As

US HB2508

ENCRYPT Act of 2025 Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2025

US HB4510

National Telecommunications and Information Administration Reauthorization Act of 2024 NTIA Reauthorization Act of 2024

US HB5242

CONNECT Act of 2023 Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications Act of 2023

US SB2663

CONNECT Act of 2023 Connecting Our Neighbors to Networks and Ensuring Competitive Telecommunications Act of 2023

US HB3758

EQUAL Defense Act of 2023 Ensuring Quality Access to Legal Defense Act of 2023

US HB4927

ACES Act of 2023 Anti-CCP Espionage via Social Media Act of 2023

US HB4741

Securing Global Telecommunications Act

US HB1112

Ensuring Military Readiness Act of 2023

US HB4052

National Infrastructure Bank Act of 2023

US HB4108

Protecting Americans' Data From Foreign Surveillance Act of 2023

Similar Bills

No similar bills found.