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To ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of United States persons entering or exiting the United States are adequately protected at the border, and for other purposes.

USA115th CongressHR-1899| House 
| Updated: 4/26/2017
Jared Polis

Jared Polis

Democratic Representative

Colorado

Cosponsors (24)
Marc A. Veasey (Democratic)David N. Cicilline (Democratic)Derek Kilmer (Democratic)Bobby L. Rush (Democratic)Carol Shea-Porter (Democratic)Steve Cohen (Democratic)Suzan K. DelBene (Democratic)Adriano Espaillat (Democratic)Peter A. DeFazio (Democratic)Ted Lieu (Democratic)Mark DeSaulnier (Democratic)Blake Farenthold (Republican)Mark Takano (Democratic)Luis V. Gutierrez (Democratic)Pramila Jayapal (Democratic)Eleanor Holmes Norton (Democratic)Tulsi Gabbard (Democratic)Jamie Raskin (Democratic)Donald S. Beyer (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)Adam Smith (Democratic)Earl Blumenauer (Democratic)Zoe Lofgren (Democratic)

Homeland Security Committee, Crime and Federal Government Surveillance Subcommittee, Border Security and Enforcement Subcommittee, Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Protecting Data at the Border Act This bill prohibits a governmental entity from: (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information. A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted: (1) digital content copies must be destroyed, (2) digital contents or information may not be disclosed, and (3) the person shall be notified of such destruction. A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime. Unlawfully accessed information: (1) must be destroyed and the person notified of its destruction; (2) may not be disclosed; and (3) may not be received in evidence in any trial, hearing, or other proceeding. A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information. A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.
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Timeline
Apr 4, 2017
Introduced in House
Apr 4, 2017
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.
Apr 17, 2017
Referred to the Subcommittee on Border and Maritime Security.
Apr 26, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Jul 11, 2018

Latest Companion Bill Action

S 115-823
Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.
  • April 4, 2017
    Introduced in House


  • April 4, 2017
    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.


  • April 17, 2017
    Referred to the Subcommittee on Border and Maritime Security.


  • April 26, 2017
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • July 11, 2018

    Latest Companion Bill Action

    S 115-823
    Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.

Immigration

Related Bills

  • S 115-823: A bill to ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of United States persons entering or exiting the United States are adequately protected at the border, and for other purposes.
Border security and unlawful immigrationComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationDepartment of Homeland SecurityDigital mediaEvidence and witnessesGovernment information and archivesImmigration status and proceduresRacial and ethnic relationsRight of privacyTelephone and wireless communication

To ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of United States persons entering or exiting the United States are adequately protected at the border, and for other purposes.

USA115th CongressHR-1899| House 
| Updated: 4/26/2017
Protecting Data at the Border Act This bill prohibits a governmental entity from: (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information. A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted: (1) digital content copies must be destroyed, (2) digital contents or information may not be disclosed, and (3) the person shall be notified of such destruction. A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime. Unlawfully accessed information: (1) must be destroyed and the person notified of its destruction; (2) may not be disclosed; and (3) may not be received in evidence in any trial, hearing, or other proceeding. A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information. A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.
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Timeline
Apr 4, 2017
Introduced in House
Apr 4, 2017
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.
Apr 17, 2017
Referred to the Subcommittee on Border and Maritime Security.
Apr 26, 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Jul 11, 2018

Latest Companion Bill Action

S 115-823
Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.
  • April 4, 2017
    Introduced in House


  • April 4, 2017
    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.


  • April 17, 2017
    Referred to the Subcommittee on Border and Maritime Security.


  • April 26, 2017
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • July 11, 2018

    Latest Companion Bill Action

    S 115-823
    Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.
Jared Polis

Jared Polis

Democratic Representative

Colorado

Cosponsors (24)
Marc A. Veasey (Democratic)David N. Cicilline (Democratic)Derek Kilmer (Democratic)Bobby L. Rush (Democratic)Carol Shea-Porter (Democratic)Steve Cohen (Democratic)Suzan K. DelBene (Democratic)Adriano Espaillat (Democratic)Peter A. DeFazio (Democratic)Ted Lieu (Democratic)Mark DeSaulnier (Democratic)Blake Farenthold (Republican)Mark Takano (Democratic)Luis V. Gutierrez (Democratic)Pramila Jayapal (Democratic)Eleanor Holmes Norton (Democratic)Tulsi Gabbard (Democratic)Jamie Raskin (Democratic)Donald S. Beyer (Democratic)Diana DeGette (Democratic)Janice D. Schakowsky (Democratic)Adam Smith (Democratic)Earl Blumenauer (Democratic)Zoe Lofgren (Democratic)

Homeland Security Committee, Crime and Federal Government Surveillance Subcommittee, Border Security and Enforcement Subcommittee, Judiciary Committee

Immigration

Related Bills

  • S 115-823: A bill to ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of United States persons entering or exiting the United States are adequately protected at the border, and for other purposes.
  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Border security and unlawful immigrationComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationDepartment of Homeland SecurityDigital mediaEvidence and witnessesGovernment information and archivesImmigration status and proceduresRacial and ethnic relationsRight of privacyTelephone and wireless communication