I
119THCONGRESS
1
STSESSION H. R. 2508
To preempt State data security vulnerability mandates and decryption
requirements.
IN THE HOUSE OF REPRESENTATIVES
MARCH31, 2025
Mr. L
IEU(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 de-
termined 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 Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Ensuring National 4
Constitutional Rights for Your Private Telecommuni-5
cations Act of 2025’’ or the ‘‘ENCRYPT Act of 2025’’. 6
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•HR 2508 IH
SEC. 2. PREEMPTION OF STATE DATA SECURITY VULNER-1
ABILITY MANDATES AND DECRYPTION RE-2
QUIREMENTS. 3
(a) I
NGENERAL.—A State or political subdivision of 4
a State may not— 5
(1) mandate or request that a manufacturer, 6
developer, seller, or provider of covered products or 7
services— 8
(A) design or alter the security functions 9
in its product or service to allow the surveil-10
lance of any user of such product or service, or 11
to allow the physical search of such product, by 12
any agency or instrumentality of a State, a po-13
litical subdivision of a State, or the United 14
States; or 15
(B) have the ability to decrypt or otherwise 16
render intelligible information that is encrypted 17
or otherwise rendered unintelligible using its 18
product or service; or 19
(2) prohibit the manufacture, sale or lease, of-20
fering for sale or lease, or provision to the general 21
public of a covered product or service because such 22
product or service uses encryption or a similar secu-23
rity function. 24
(b) D
EFINITIONS.—In this section: 25
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•HR 2508 IH
(1) COVERED PRODUCT OR SERVICE .—The 1
term ‘‘covered product or service’’ means any com-2
puter hardware, computer software, electronic de-3
vice, or online service that— 4
(A) has traveled in interstate or foreign 5
commerce or otherwise affects interstate or for-6
eign commerce; and 7
(B) is made available to the general public. 8
(2) O
NLINE SERVICE.—The term ‘‘online serv-9
ice’’ means a service provided over the internet that 10
makes available to users— 11
(A) the ability to send or receive commu-12
nications, such as emails, text messages, 13
photos, and audio and video communications; 14
(B) the ability to share data files with 15
other users; or 16
(C) remote computer processing or storage. 17
(3) S
TATE.—The term ‘‘State’’ means each of 18
the several States, the District of Columbia, each 19
commonwealth, territory, or possession of the United 20
States, and each federally recognized Indian Tribe. 21
Æ
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