Mr. Burr has signaled he is studying whether to propose legislation that would tighten rules about encryption, though he hasn’t made any decision about how a bill would be designed. It’s also unclear whether Mr. Burr could marshal bipartisan support on such an issue during an election year that has divided Washington in recent months. But any proposal by Mr. Burr would not include criminal penalties for rejecting court orders about encryption, according to his spokeswoman.
“Chairman Burr is not considering criminal penalties in his draft encryption proposals,” his spokeswoman said.
Some analysts have mulled whether encryption rules could be imposed by modifying the Communications Assistance for Law Enforcement Act, a 1994 law that compels telecommunications companies to construct their systems so they can comply with court orders.
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