Protecting Data at the Border Act
Protecting Data at the Border Act
Plain Language Summary
# Protecting Data at the Border Act Summary **What it would do:** This bill would restrict how U.S. government agencies can search and seize electronic devices and digital information from American citizens at borders (airports, ports, etc.). Currently, border agents have broad authority to inspect devices without a warrant. Under this bill, agents would generally need a warrant to access phones, laptops, or other devices, and couldn't penalize travelers who refuse to unlock their devices by denying them entry or unreasonably delaying them.
The bill allows exceptions only for genuine emergencies, with agents required to obtain a warrant within seven days or destroy any accessed information. **Who it affects:** U.S. citizens and permanent residents traveling internationally. The bill would also affect federal, state, and local law enforcement agencies that conduct border searches. **Key provisions:** Agents cannot search device contents or demand online account passwords without a warrant; travelers cannot be denied entry/exit or delayed more than four hours for refusing to provide access; devices can only be seized if agents have probable cause the device contains evidence of a felony; emergency searches require a warrant application within 7 days or seized data must be destroyed. **Current status:** The bill is in committee as of the 119th Congress and has not yet been voted on.
CRS Official Summary
Protecting Data at the Border ActThis bill limits government access to digital information at the border.A governmental entity may not (1) access the digital contents of electronic equipment of a U.S. person at the border without a warrant, (2) deny such a person's entry into or exit from the United States because the person refused to provide access to digital content on electronic equipment or online account information, (3) delay such a person's entry or exit for more than four hours to determine whether the person will consent to providing access to online information, or (4) seize electronic equipment from a U.S. person without probable cause to believe that such equipment contains information relevant to a felony.A governmental entity may access the contents of electronic equipment of a U.S. person without a warrant in an emergency. The entity must subsequently apply for a warrant within seven days, and if a warrant is not granted, the seized information must be destroyed and may not be disclosed.A governmental entity may not make or retain a copy of information accessed under this bill without probable cause to believe that such information relates to a crime.Information seized in violation of this bill (1) must be destroyed, (2) may not be disclosed, and (3) may not be received in evidence in any trial or government proceeding.A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information at the border.
Latest Action
Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.