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A bill to place restrictions on searches and seizures of electronic devices at the border.

USA116th CongressS-2694| Senate 
| Updated: 10/24/2019
Patrick J. Leahy

Patrick J. Leahy

Democratic Senator

Vermont

Cosponsors (1)
Steve Daines (Republican)

Homeland Security and Governmental Affairs Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
This bill places restrictions on the search and seizure of electronic devices at the international border. A Department of Homeland Security (DHS) official may conduct a manual search of a device transported by an individual at the border only if the official has a reasonable suspicion that (1) the individual is transporting goods or persons in violation of the law or is not entitled to enter the country, and (2) the device contains information relevant to the suspected violation. A DHS official may seize a device only if the official has probable cause to believe that such conditions are satisfied, or that the individual is in violation of a law punishable by more than one year and the device has information about that violation. A manual search is one that (1) is conducted without using another electronic device, software, a password, or biometric identifier to access protected data; (2) is in the presence of the individual; and (3) does not exceed four hours. For seized devices, DHS (1) shall obtain a warrant or court order within 48 hours or return the device, and (2) may not access the device before obtaining the warrant or court order. A forensic search is one that falls outside the definition of a manual search (e.g. one where software is used) and may not be conducted without a warrant or court order. The bill imposes various record keeping, information retention, and reporting requirements related to the search and seizure of devices at the border.
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Timeline

Bill from Previous Congress

S 115-2462
A bill to place restrictions on searches and seizures of electronic devices at the border.
Oct 24, 2019
Introduced in Senate
Oct 24, 2019
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 115-2462
    A bill to place restrictions on searches and seizures of electronic devices at the border.


  • October 24, 2019
    Introduced in Senate


  • October 24, 2019
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.

Immigration

Border security and unlawful immigrationComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesImmigration status and proceduresRacial and ethnic relationsSmuggling and trafficking

A bill to place restrictions on searches and seizures of electronic devices at the border.

USA116th CongressS-2694| Senate 
| Updated: 10/24/2019
This bill places restrictions on the search and seizure of electronic devices at the international border. A Department of Homeland Security (DHS) official may conduct a manual search of a device transported by an individual at the border only if the official has a reasonable suspicion that (1) the individual is transporting goods or persons in violation of the law or is not entitled to enter the country, and (2) the device contains information relevant to the suspected violation. A DHS official may seize a device only if the official has probable cause to believe that such conditions are satisfied, or that the individual is in violation of a law punishable by more than one year and the device has information about that violation. A manual search is one that (1) is conducted without using another electronic device, software, a password, or biometric identifier to access protected data; (2) is in the presence of the individual; and (3) does not exceed four hours. For seized devices, DHS (1) shall obtain a warrant or court order within 48 hours or return the device, and (2) may not access the device before obtaining the warrant or court order. A forensic search is one that falls outside the definition of a manual search (e.g. one where software is used) and may not be conducted without a warrant or court order. The bill imposes various record keeping, information retention, and reporting requirements related to the search and seizure of devices at the border.
View Full Text

Suggested Questions

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

Timeline

Bill from Previous Congress

S 115-2462
A bill to place restrictions on searches and seizures of electronic devices at the border.
Oct 24, 2019
Introduced in Senate
Oct 24, 2019
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
  • Bill from Previous Congress

    S 115-2462
    A bill to place restrictions on searches and seizures of electronic devices at the border.


  • October 24, 2019
    Introduced in Senate


  • October 24, 2019
    Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Patrick J. Leahy

Patrick J. Leahy

Democratic Senator

Vermont

Cosponsors (1)
Steve Daines (Republican)

Homeland Security and Governmental Affairs Committee

Immigration

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
Border security and unlawful immigrationComputers and information technologyCongressional oversightCriminal investigation, prosecution, interrogationCriminal justice information and recordsCriminal procedure and sentencingEvidence and witnessesImmigration status and proceduresRacial and ethnic relationsSmuggling and trafficking