# The ENCRYPT Act of 2021: What It Actually Does

This bill prevents individual states from forcing technology companies to weaken their security or create backdoors into encrypted products. In practical terms, it stops states from requiring companies like Apple, Google, or messaging app providers to build in ways for law enforcement to access encrypted data or devices. It also prevents states from banning the sale of encrypted products altogether just because they use strong security.

The core conflict here is between two competing interests. Law enforcement agencies want the ability to access encrypted communications and devices when investigating crimes, arguing they need this access to catch criminals and terrorists. On the other side, privacy advocates and tech companies argue that creating backdoors or weakening encryption makes everyone less secure because criminals and hackers could exploit those same weaknesses. This bill takes the privacy side by saying states can't force companies to compromise their security.

The bill applies to any technology product or service sold to the general public that crosses state lines or affects interstate commerce—so basically everything from smartphones and laptops to email services, messaging apps, and cloud storage. If this bill became law, a state couldn't pass a law saying "we won't allow iPhones to be sold here unless Apple gives us a way to unlock them" or "companies must remove encryption from their products." It also prevents states from requiring companies to build in surveillance capabilities that would let police access user data.

This is a federal preemption bill, meaning it would override any state laws that conflict with it. The practical effect would be uniform encryption standards across the country rather than a patchwork where different states have different rules. However, the bill doesn't address federal law enforcement powers—it only limits what states can do—so the FBI and other federal agencies would still have their own separate authorities to pursue encryption access through other legal channels.

ENCRYPT Act of 2021

Lieu, Ted

Ensuring National Constitutional Rights for Your Private Telecommunications Act of 2021 or the ENCRYPT Act of 2021 This 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. A technology product or service includes a commercial computer product, electronic device, or online service that is publicly available. Additionally, 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.