S.Amdt. 1454

SA 1454. Mr. WYDEN (for himself and Mr. Paul) submitted an amendment intended to be proposed by him to the bill H.R. 2048, to reform the authorities of the Federal Government to require the production of certain business records, conduct electronic surveillance, use pen registers and trap and trace devices, and use other forms of information gathering for foreign intelligence, counterterrorism, and criminal purposes, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON DATA SECURITY VULNERABILITY MANDATES.

(a) In General.--Except as provided in subsection (b), no agency may mandate 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) Exception.--Subsection (a) shall not apply to mandates authorized under the Communications Assistance for Law Enforcement Act (47 U.S.C. 1001 et seq.).

(c) 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.