Representative Ted Lieu Once Again Introduces The “Ensuring National Constitutional Rights For Your Private Telecommunications (ENCRYPT) Act”

Written by: Richard Sheinis, Esq.

This Bill was first introduced in 2016 in response to a dispute between the FBI and Apple in which the FBI sought to have Apple provide access to the locked mobile phone of a suspect in a mass shooting in San Bernardino, California.  The Act has been reintroduced each year since 2016.

The Act is intended to provide a national encryption standard to allow companies to encrypt information without (i) altering the security functions to allow a physical search of a device, or (ii) having the ability to decrypt information on the device.

Do not read any further if you do not want my opinion, but this is another example of Congress being more interested in headlines, rather than solving any real data security issues.  At a time when state sponsored cyber attacks are affecting our infrastructure, healthcare, and other industries at an alarming rate, Congressman Lieu is more concerned with curtailing government investigations of suspected criminals.  It is frustrating to see Congress try to fool the American people with placebo legislation that will not do anything to address the rapid growth of cyber crime.