Add the following at the end of the
bill:
SEC.5. PROHIBITION ON CERTAIN ACTIVITIES.
(a) PROHIBITION. - (1)(A)
Notwithstanding any other provision of this Act or any amendment
made by this Act, it shall be unlawful for any person to manufacture,
distribute, sell, or import any product within the United States
that can be used to encrypt communications or information if the
product does not permit the real-time decryption of such encrypted
communications or information.
(B) Any person who violates subparagraph
(A) shall be subject to the civil penalties provided under the
Export Administration Act of 1979 for violations under that Act.
(2) In the event that a violation
of paragraph (1)(A) prevents the real-time decryption by authorized
law enforcement agencies of such encrypted communications or information
that-
(A) has been lawfully intercepted or seized by authorized law enforcement agencies, and
(B) threatens the public safety or national security of the United States, or impedes such law enforcement agencies' ability to combat serious criminal activity within the United States, including espionage, terrorism, illicit narcotics trafficking, kidnapping, violent crime that involves the potential for loss of human life, or other criminal activity,
the civil penalty for such violation shall be $100,000.
(b) ENFORCEMENT. - (1) BY
SECRETARY OF COMMERCE.-The Secretary of Commerce shall exercise
the authorities the Secretary has under the Export Administration
Act of 1979 to enforce this section.
(2) REGULATIONS.-The Secretary of
Commerce, with the concurrence of the Attorney General, shall
issue regulations, not later than 120 days after the date of the
enactment of the Act, to carry out this section.
(c) DEFINITIONS. - The terms used in this section have the meanings given those terms in section 117(g) of the Export Administration Act of 1979.