H.R. 5823 — Introduced in House

I 115th CONGRESS 2d Session H. R. 5823 IN THE HOUSE OF REPRESENTATIVES May 15, 2018Ms. Lofgren (for herself, Mr. Massie, Mr. Nadler, Mr. Poe of Texas, Mr. Ted Lieu of California, and Mr. Gaetz) introduced the following bill; which was referred to the Permanent Select Committee on Intelligence, and in addition to the Committee on the Judiciary, 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 prohibit Federal agencies from mandating the deployment of vulnerabilities in data security technologies. 1. Short title This Act may be cited as the Secure Data Act of 2018. 2. Prohibition on data security vulnerability mandates (a) Agency actions Except as provided in subsection (c), no agency may mandate or request that a manufacturer, developer, or seller of covered products 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. (b) Court orders Except as provided in subsection (c), no court may issue an order to compel a manufacturer, developer, or seller of covered products to 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 an agency. (c) Exception Subsections (a) and (b) shall not apply to mandates, requests, or court orders authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.). (d) Definitions In this section— (1) the term agency has the meaning given the term in section 3502 of title 44, United States Code; and (2) the term covered product means any computer hardware, computer software, or electronic device that is made available to the general public.