,,ii #aacth ,,congress #b;d ,session ,s4 #bejj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ai1 #bjad ,mr4 ,walsh introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to restrict the ability of the ,federal ,government to undermine privacy and encryption technology in commercial products and in ,,nist computer security and encryption standards4 #a4 ,short title ,this ,act may be cited as the ,american ,digital ,security and ,commerce ,act of #bjad4 #b4 ,findings ,congress makes the following findings3 7#a7 ,the ,united ,states is the world leader in technology1 encryption1 and computer security4 7#b7 ,the ,united ,states ,government1 through the expert work of the ,national ,institute of ,standards and ,technology 7referred to in this section as ,,nist7 and the ,information ,assurance ,directorate of the ,national ,security ,agency1 plays a vital role in developing the tools that keep global electronic communications secure4 7#c7 ,the ,united ,states ,government should actively promote privacy and computer security4 ,allegations that entities within the ,united ,states ,government seek to undermine the security of encryption standards or commercial products weaken privacy and erode trust in the ,united ,states ,government and in products from the ,united ,states4 7#d7 ,the actions described in paragraph 7#c7 may take a serious toll on the ,united ,states economy4 ,the ,information ,technology and ,innovation ,foundation has predicted that ,united ,states companies may lose #aj percent of the cloud computing market to overseas competitors due to surveillance and security concerns1 a loss that could amount to not less than #ce1jjj1jjj1jjj in lost sales by #bjaf4 7#e7 ,the cryptographic expertise of ,,nist is recognized around the world1 but widespread adoption of the robust encryption standards that ,,nist develops depends on trust4 7#f7 ,to promote privacy protection and restore trust in the encryption standards of the ,united ,states and hardware and software from the ,united ,states1 the ,united ,states ,government should be prohibited from undermining the security of the ,united ,states technologies on which global commerce relies4 #c4 ,federal information security management 7a7 ,director of ,,omb requirement ,section #cedc7;a77#c7 of title #dd1 ,united ,states ,code1 is amended-- 7#a7 by striking assure1 to the maximum extent feasible and inserting the following3 8assure-- 7,a7 to the maximum extent feasible1 2 7#b7 by inserting and after the semicolon2 and 7#c7 by adding at the end the following3 7,b7 that any agency or office described in subparagraph 7,a7 does not intentionally weaken1 circumvent1 undermine1 or create any mechanism through which any agency or office of the ,federal ,government may bypass1 the privacy1 security1 or encryption protections included in any standard or guideline2 4 7b7 ,requirement for ,,nist consultees 7#a7 ,in general ,section #bj of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;g-#c7 is amended-- 7,a7 by redesignating subsection 7e7 as subsection 7f72 and 7,b7 by inserting after subsection 7d7 the following3 7e7 ,each agency or office that the ,institute consults with under subsection 7c77#a7 may not intentionally weaken1 circumvent1 undermine1 or create any mechanism through which any agency or office of the ,federal ,government may bypass1 the privacy1 security1 or encryption protections included in any standard or guideline required under subsection 7a7 or 7b74 4 7#b7 ,technical and conforming amendments ,section #bb of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgh;h7 is amended-- 7,a7 in subsection 7a77#b71 by striking ,computer ,system ,security and ,privacy ,advisory ,board under section #bj7;f7 and inserting ,information ,security and ,privacy ,advisory ,board under section #ba2 and 7,b7 in subsection 7e77#a71 by striking ,computer ,system ,security and ,privacy ,advisory ,board and inserting ,information ,security and ,privacy ,advisory ,board under section #ba4 #d4 ,security of computer hardware1 computer software1 and electronic devices 7a7 ,definitions ,in this section-- 7#a7 the terms agent of a foreign power and foreign power have the meaning given those terms in section #aja7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 7#b7 the term covered person-- 7,a7 means an individual1 partnership1 association1 joint stock company1 trust1 or corporation2 and 7,b7 does not include a foreign power or an agent of a foreign power2 7#c7 the term covered product means any computer hardware1 computer software1 or electronic device that is made available to the general public2 and 7#d7 the term element of the intelligence community means an element of the intelligence community specified in or designated under section #c7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d774 7b7 ,security of covered products 7#a7 ,prohibitions 7,a7 ,prohibition on interception ,except as provided in paragraph 7#b71 an agency or department of the ,federal ,government may not intercept any shipment of covered products for the purpose of intentionally introducing into the covered products a mechanism or device that would allow an agency or department of the ,federal ,government to circumvent the privacy1 security1 or encryption protections of the covered products4 7,b7 ,prohibition on requiring or contracting for installation of devices ,except as provided in paragraph 7#b71 an element of the intelligence community may not require1 or contract with1 a manufacturer or developer of covered products to place a mechanism or device into a covered product that would allow any agency or department of the ,federal ,government to circumvent any privacy1 security1 or encryption protections of the covered product4 7#b7 ,exception for lawful surveillance activities under court order ,the prohibitions under paragraph 7#a7 shall not apply to a lawful surveillance activity conducted pursuant to a court order issued under-- 7,a7 chapter #aai1 #aba1 or #bjf of title #ah1 ,united ,states ,code2 or 7,b7 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 except section #gjb of that ,act 7#ej ,u4,s4,c4 #ahha;a74 7c7 ,enforcement 7#a7 ,authorization of civil action ,a covered person that suffers an injury proximately caused by a violation of subsection 7b7 may bring a civil action against the ,united ,states in a district court of the ,united ,states to recover money damages in accordance with paragraph 7#b7 of this subsection4 7#b7 ,amount of damages ,a court1 in awarding money damages to a covered person in a civil action brought under this subsection1 shall award-- 7,a7 an amount that is the greater of-- 7i7 the amount of actual damages2 or 7ii7 #aj1jjj2 and 7,b7 reasonable costs1 including reasonable attorney's fees4 7#c7 ,exclusive remedy ,a civil action against the ,united ,states under this subsection shall be the exclusive remedy against the ,united ,states for a violation of subsection 7b74 7#d7 ,reimbursement of award ,an agency or department of the ,united ,states1 including an element of the intelligence community1 shall deposit into the general fund of the ,treasury of the ,united ,states an amount equal to any amount awarded under paragraph 7#b71 for a violation of subsection 7b7 by the agency or department1 out of any appropriation1 fund1 or other account 7excluding any part of such appropriation1 fund1 or account that is available for the enforcement of any ,federal law7 that is available for the operating expenses of the agency or department4 7#e7 ,defense of good faith reliance ,the ,united ,states shall not be liable to a covered person in a civil action brought under this subsection based on any action taken by an individual acting on behalf of an agency or department of the ,united ,states1 including an element of the intelligence community1 if the individual acted in a good faith reliance on a court order1 a grand jury subpoena1 or a legislative authorization under-- 7,a7 chapter #aai1 #aba1 or #bjf of title #ah1 ,united ,states ,code2 or 7,b7 the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 except section #gjb of that ,act 7#ej ,u4,s4,c4 #ahha;a74