The ENCRYPT Act of 2023 is a federal law that prevents states and local governments from requiring technology companies to weaken encryption or build surveillance capabilities into their products and services. The bill specifically bars states from mandating that software and hardware manufacturers create backdoors for law enforcement access or prohibits states from banning encrypted products altogether. This legislation affects any technology company that sells computers, software, phones, apps, or online communication services to the public across state lines. The bill applies broadly to all "covered products or services," including everything from encrypted messaging apps to cloud storage platforms, and extends to all states, territories, and federally recognized Indian tribes. By establishing federal authority over encryption standards, the act aims to create uniform national rules rather than allowing a patchwork of varying state requirements that could fragment the tech industry.
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