Encryption lawsUnited States
The EARN IT Act and other US encryption bills
None of these bills has become law. Each EARN IT version and the Lawful Access to Encrypted Data Act died without a vote of the full Senate; the 2025 STOP CSAM Act is on the Senate calendar.1, 2, 3, 4, 5
Checked 28 October 2026 against the sources. This page describes bills and the law. It is not legal advice.
Where each bill stands
From the official bill status records of the US Government Publishing Office. A bill that has not passed when its Congress ends dies.
| Bill | Last action | Status |
|---|---|---|
| EARN IT Act of 2020S. 3398, 116th Congress | Reported by the Judiciary Committee with a substitute and placed on the Senate calendar, 20 Jul 20201 | Died |
| EARN IT Act of 2022S. 3538, 117th Congress | Ordered reported by the Judiciary Committee without amendment, 10 Feb 20222 | Died |
| EARN IT Act of 2023S. 1207, 118th Congress | Reported by the Judiciary Committee and placed on the Senate calendar, 15 May 20233 | Died |
| Lawful Access to Encrypted Data ActS. 4051, 116th Congress | Introduced and referred to the Judiciary Committee, 23 Jun 20204 | Died |
| STOP CSAM Act of 2023S. 1199, 118th Congress | Reported by the Judiciary Committee and placed on the Senate calendar, 15 May 20236 | Died |
| STOP CSAM Act of 2025S. 1829, 119th Congress | Reported by the Judiciary Committee with a substitute and placed on the Senate calendar, 26 Jun 20255 | Pending |
What the bills would do
Lawful Access to Encrypted Data Act
The most direct proposal. Introduced by Senator Graham with Senators Cotton and Blackburn "to improve the ability of law enforcement agencies to access encrypted data". It would have let a court, in support of a search warrant, order a device maker, operating system provider or remote computing service to furnish the assistance needed to access the information. It would also have removed from federal wiretap law the clause that says a carrier is not responsible for "ensuring the government's ability to decrypt".7
EARN IT Act
The 2023 version, as reported by the committee, includes a section on "encryption technologies": using end-to-end encryption, not holding the keys, or declining to undermine encryption "shall not serve as an independent basis for liability". It adds that this does not stop a court from considering evidence of those things if the evidence is otherwise admissible.8
STOP CSAM Act of 2025
The reported text opens civil claims against providers over child sexual abuse material. It has the same "independent basis for liability" wording on encryption, and a defense where "it is technologically impossible for the provider to disable access to or remove" the material "without compromising encryption technologies".9 The Electronic Frontier Foundation opposes the bill, arguing the defense "is not sufficient" and that the recklessness standard could expose providers that use end-to-end encryption.10
What US law says today
Under the Communications Assistance for Law Enforcement Act, a telecommunications carrier "shall not be responsible for decrypting, or ensuring the government's ability to decrypt, any communication encrypted by a subscriber or customer", unless the carrier provided the encryption and holds the information needed to decrypt it.11 This is 47 U.S.C. 1002(b)(3).
A US agency has also advised encryption: CISA guidance of December 2024, written in response to PRC government-affiliated actors targeting commercial telecommunications infrastructure, tells highly targeted people to "use only end-to-end encrypted communications".12
Questions people ask
Did the EARN IT Act pass?
Did the Lawful Access to Encrypted Data Act pass?
No. It was referred to the Judiciary Committee on 23 June 2020, with no further action.4
Is there a US law that requires encryption backdoors?
We found none. Federal wiretap law says carriers are not responsible for decrypting what their customers encrypt, unless the carrier provided the encryption and can decrypt it.11
Sources 12
- S. 3398 (116th Congress), EARN IT Act of 2020: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 3538 (117th Congress), EARN IT Act of 2022: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 1207 (118th Congress), EARN IT Act of 2023: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 4051 (116th Congress), Lawful Access to Encrypted Data Act: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 1829 (119th Congress), STOP CSAM Act of 2025: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 1199 (118th Congress), STOP CSAM Act of 2023: bill status and actions, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 4051, Lawful Access to Encrypted Data Act, as introduced in the Senate, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 1207, EARN IT Act of 2023, as reported in the Senate, US Government Publishing Office (govinfo). Read 28 October 2026.
- S. 1829, STOP CSAM Act of 2025, as reported in the Senate, US Government Publishing Office (govinfo). Read 28 October 2026.
- Oppose STOP CSAM: protecting kids shouldn't mean breaking the tools that keep us safe, June 2025, Electronic Frontier Foundation. Read 28 October 2026.
- 47 U.S. Code 1002: assistance capability requirements, Legal Information Institute, Cornell Law School. Read 28 October 2026.
- Mobile communications best practice guidance, Cybersecurity and Infrastructure Security Agency. Read 28 October 2026.
We read the law itself, and every status has a date. How we check