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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.

USA115th CongressS-823| Senate 
| Updated: 7/11/2018
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Cosponsors (3)
Edward J. Markey (Democratic)Rand Paul (Republican)Jeff Merkley (Democratic)

Homeland Security Committee, Homeland Security and Governmental Affairs Committee, Federal Spending Oversight and Emergency Management Subcommittee

  • 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 Senate
Apr 4, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Apr 26, 2017

Latest Companion Bill Action

HR 115-1899
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Jul 11, 2018
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 Senate


  • April 4, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • April 26, 2017

    Latest Companion Bill Action

    HR 115-1899
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • July 11, 2018
    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

  • HR 115-1899: 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

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.

USA115th CongressS-823| Senate 
| Updated: 7/11/2018
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.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline
Apr 4, 2017
Introduced in Senate
Apr 4, 2017
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Apr 26, 2017

Latest Companion Bill Action

HR 115-1899
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Jul 11, 2018
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 Senate


  • April 4, 2017
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.


  • April 26, 2017

    Latest Companion Bill Action

    HR 115-1899
    Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.


  • July 11, 2018
    Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.
Ron Wyden

Ron Wyden

Democratic Senator

Oregon

Cosponsors (3)
Edward J. Markey (Democratic)Rand Paul (Republican)Jeff Merkley (Democratic)

Homeland Security Committee, Homeland Security and Governmental Affairs Committee, Federal Spending Oversight and Emergency Management Subcommittee

Immigration

Related Bills

  • HR 115-1899: 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