Protecting Data at the Border Act
This 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.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2604 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2604
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2025
Mr. Lieu (for himself, Mr. Beyer, Ms. Norton, and Mr. Espaillat)
introduced the following bill; which was 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
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Data at the Border Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) United States persons have a reasonable expectation of
privacy in the digital contents of their electronic equipment,
the digital contents of their online accounts, and the nature
of their online presence.
(2) The Supreme Court of the United States recognized in
Riley v. California, 134 S. Ct. 2473 (2014), the extraordinary
privacy interests in electronic equipment like cell phones.
(3) The privacy interest of United States persons in the
digital contents of their electronic equipment, the digital
contents of their online accounts, and the nature of their
online presence differs in both degree and kind from their
privacy interest in closed containers.
(4) Accessing the digital contents of electronic equipment,
accessing the digital contents of an online account, or
obtaining information regarding the nature of the online
presence of a United States person entering or exiting the
United States, without a lawful warrant based on probable
cause, is unreasonable under the Fourth Amendment to the
Constitution of the United States.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``access credential'' includes a username,
password, PIN number, fingerprint, or biometric indicator;
(2) the term ``border'' means the international border of
the United States and the functional equivalent of such border;
(3) the term ``digital contents'' means any signs, signals,
writing, images, sounds, data, or intelligence of any nature
transmitted in whole or in part by electronic equipment, or
stored in electronic equipment or an online account;
(4) the term ``electronic communication service'' has the
meaning given that term in section 2510 of title 18, United
States Code;
(5) the term ``electronic equipment'' has the meaning given
the term ``computer'' in section 1030(e) of title 18, United
States Code;
(6) the term ``Governmental entity'' means a department or
agency of the United States (including any officer, employee,
or contractor or other agent thereof);
(7) the term ``online account'' means an online account
with an electronic communication service or remote computing
service;
(8) the term ``online account information'' means the
screen name or other identifier or information that would allow
a Governmental entity to identify the online presence of an
individual;
(9) the term ``remote computing service'' has the meaning
given that term in section 2711 of title 18, United States
Code; and
(10) the term ``United States person'' means an individual
who is a United States person, as defined in section 101 of the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 4. PROCEDURES FOR LAWFUL ACCESS TO DIGITAL DATA AT THE BORDER.
(a) Standard.--Subject to subsection (b), a Governmental entity may
not--
(1) access the digital contents of any electronic equipment
belonging to or in the possession of a United States person at
the border without a valid warrant supported by probable cause
issued using the procedures described in the Federal Rules of
Criminal Procedure by a court of competent jurisdiction;
(2) deny entry into or exit from the United States by a
United States person based on a refusal by the United States
person to--
(A) disclose an access credential that would enable
access to the digital contents of electronic equipment
or the digital contents of an online account;
(B) provide access to the digital contents of
electronic equipment or the digital contents of an
online account; or
(C) provide online account information; or
(3) delay entry into or exit from the United States by a
United States person for longer than the period of time, which
may not exceed 4 hours, necessary to determine whether the
United States person will, in a manner in accordance with
subsection (c), consensually provide an access credential,
access, or online account information, as described in
subparagraphs (A), (B), and (C) of paragraph (2).
(b) Emergency Exceptions.--
(1) Emergency situations generally.--
(A) In general.--An investigative or law
enforcement officer of a Governmental entity who is
designated by the Secretary of Homeland Security for
purposes of this paragraph may access the digital
contents of electronic equipment belonging to or in
possession of a United States person at the border
without a warrant described in subsection (a)(1) if the
investigative or law enforcement officer--
(i) reasonably determines that--
(I) an emergency situation exists
that involves--
(aa) immediate danger of
death or serious physical
injury to any person;
(bb) conspiratorial
activities threatening the
national security interest of
the United States; or
(cc) conspiratorial
activities characteristic of
organized crime;
(II) the emergency situation
described in subclause (I) requires
access to the digital contents of the
electronic equipment before a warrant
described in subsection (a)(1)
authorizing such access can, with due
diligence, be obtained; and
(III) there are grounds upon which
a warrant described in subsection
(a)(1) could be issued authorizing such
access; and
(ii) makes an application in accordance
with this section for a warrant described in
subsection (a)(1) as soon as practicable, but
not later than 7 days after the investigative
or law enforcement officer accesses the digital
contents under the authority under this
subparagraph.
(B) Warrant not obtained.--If an application for a
warrant described in subparagraph (A)(ii) is denied, or
in any other case in which an investigative or law
enforcement officer accesses the digital contents of
electronic equipment belonging to or in possession of a
United States person at the border without a warrant
under the emergency authority under subparagraph (A)
and a warrant authorizing the access is not obtained--
(i) any copy of the digital contents in the
custody or control of a Governmental entity
shall immediately be destroyed;
(ii) the digital contents, and any
information derived from the digital contents,
may not be disclosed to any Governmental entity
or a State or local government; and
(iii) the Governmental entity employing the
investigative or law enforcement officer that
accessed the digital contents shall notify the
United States person that any copy of the
digital contents has been destroyed.
(2) Protection of public safety and health.--A Governmental
entity may access the digital contents of electronic equipment
belonging to or in possession of a United States person at the
border without a warrant described in subsection (a)(1) if the
access is--
(A) necessary for the provision of fire, medical,
public safety, or other emergency services; and
(B) unrelated to the investigation of a possible
crime or other violation of the law.
(c) Informed Consent in Writing.--
(1) Notice.--
(A) In general.--A Governmental entity shall
provide the notice described in subparagraph (B) before
requesting that a United States person at the border--
(i) provide consent to access the digital
contents of any electronic equipment belonging
to or in the possession of or the digital
contents of an online account of the United
States person;
(ii) disclose an access credential that
would enable access to the digital contents of
electronic equipment or the digital contents of
an online account of the United States person;
(iii) provide access to the digital
contents of electronic equipment or the digital
contents of an online account of the United
States person; or
(iv) provide online account information of
the United States person.
(B) Contents.--The notice described in this
subparagraph is written notice in a language understood
by the United States person that the Governmental
entity--
(i) may not--
(I) compel access to the digital
contents of electronic equipment
belonging to or in the possession of,
the digital contents of an online
account of, or the online account
information of a United States person
without a valid warrant;
(II) deny entry into or exit from
the United States by the United States
person based on a refusal by the United
States person to--
(aa) disclose an access
credential that would enable
access to the digital contents
of electronic equipment or the
digital contents of an online
account;
(bb) provide access to the
digital contents of electronic
equipment or the digital
contents of an online account;
or
(cc) provide online account
information; or
(III) delay entry into or exit from
the United States by the United States
person for longer than the period of
time, which may not exceed 4 hours,
necessary to determine whether the
United States person will consensually
provide an access credential, access,
or online account information, as
described in items (aa), (bb), and (cc)
of subclause (II); and
(ii) if the Governmental entity has
probable cause that the electronic equipment
contains information that is relevant to an
allegation that the United States person has
committed a felony, may seize electronic
equipment belonging to or in the possession of
the United States person for a period of time
if the United States person refuses to
consensually provide access to the digital
contents of the electronic equipment.
(2) Consent.--
(A) In general.--A Governmental entity shall obtain
written consent described in subparagraph (B) before--
(i) accessing, pursuant to the consent of a
United States person at the border the digital
contents of electronic equipment belonging to
or in the possession of or the digital contents
of an online account of the United States
person;
(ii) obtaining, pursuant to the consent of
a United States person at the border, an access
credential of the United States person that
would enable access to the digital contents of
electronic equipment or the digital contents of
an online account; or
(iii) obtaining, pursuant to the consent of
a United States person at the border, online
account information for an online account of
the United States person.
(B) Contents of written consent.--Written consent
described in this subparagraph is written consent
that--
(i) indicates the United States person
understands the protections and limitations
described in paragraph (1)(B);
(ii) states the United States person is--
(I) providing consent to the
Governmental entity to access certain
digital contents or consensually
disclosing an access credential; or
(II) consensually providing online
account information; and
(iii) specifies the digital contents,
access credential, or online account
information with respect to which the United
States person is providing consent.
(d) Retention of Digital Contents.--
(1) Lawful access.--A Governmental entity that obtains
access to the digital contents of electronic equipment, the
digital contents of an online account, or online account
information in accordance with this section may not make or
retain a copy of the digital contents or online account
information, or any information directly or indirectly derived
from the digital contents or online account information, unless
there is probable cause to believe the digital contents or
online account information contains evidence of, or constitutes
the fruits of, a crime.
(2) Unlawful access.--If a Governmental entity obtains
access to the digital contents of electronic equipment, digital
contents of an online account, or online account information in
a manner that is not in accordance with this section, the
Governmental entity--
(A) shall immediately destroy any copy of the
digital contents or online account information, and any
information directly or indirectly derived from the
digital contents or online account information, in the
custody or control of the Governmental entity;
(B) may not disclose the digital contents or online
account information, or any information directly or
indirectly derived from the digital contents or online
account information, to any other Governmental entity
or a State or local government; and
(C) shall notify the United States person that any
copy of the digital contents or online account
information, and any information directly or indirectly
derived from the digital contents or online account
information, has been destroyed.
(e) Recordkeeping.--A Governmental entity shall keep a record of
each instance in which the Governmental entity obtains access to the
digital contents of electronic equipment belonging to or in the
possession of an individual at the border, the digital contents of an
online account of an individual who is at the border, or online account
information of an individual who is at the border, which shall
include--
(1) the reason for the access;
(2) the nationality, immigration status, and admission
category of the individual;
(3) the nature and extent of the access;
(4) if the access was consensual, how and to what the
individual consented, and what the individual provided by
consent;
(5) whether electronic equipment of the individual was
seized;
(6) whether the Governmental entity made a copy of all or a
portion of the digital contents or online account information,
or any information directly or indirectly derived from the
digital contents or online account information; and
(7) whether the digital contents or online account
information, or any information directly or indirectly derived
from the digital contents or online account information, was
shared with another Governmental entity or a State or local
government.
SEC. 5. LIMITS ON USE OF DIGITAL CONTENTS AS EVIDENCE.
(a) In General.--Whenever any digital contents or online account
information have been obtained in violation of this Act, no part of the
digital contents or online account information and no evidence derived
therefrom may be received in evidence in any trial, hearing, or other
proceeding (including any proceeding relating to the immigration laws,
as defined in section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a))) in or before any court, grand jury, department,
officer, agency, regulatory body, legislative committee, or other
authority of the United States, a State, or a political subdivision
thereof.
(b) Application.--To the maximum extent practicable, the
limitations under subsection (a) shall be applied in the same manner as
the limitations under section 2515 of title 18, United States Code.
SEC. 6. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT.
A Governmental entity may not seize any electronic equipment
belonging to or in the possession of a United States person at the
border unless there is probable cause to believe that the electronic
equipment contains information that is relevant to an allegation that
the United States person has committed a felony.
SEC. 7. AUDIT AND REPORTING REQUIREMENTS.
In March of each year, the Secretary of Homeland Security shall
submit to Congress and make publicly available on the website of the
Department of Homeland Security a report that includes the following:
(1) The number of times during the previous year that an
officer or employee of the Department of Homeland Security did
each of the following:
(A) Accessed the digital contents of any electronic
equipment belonging to or in the possession of or the
digital contents of an online account of a United
States person at the border pursuant to a warrant
supported by probable cause issued using the procedures
described in the Federal Rules of Criminal Procedure by
a court of competent jurisdiction.
(B) Accessed the digital contents of any electronic
equipment belonging to or in the possession of a United
States person at the border pursuant to the emergency
authority under section 5(b).
(C) Requested consent to access the digital
contents of any electronic equipment belonging to or in
the possession of, the digital contents of an online
account of, or online account information of a United
States person at the border.
(D) Accessed the digital contents of any electronic
equipment belonging to or in the possession of, the
digital contents of an online account of, or online
account information of a United States person at the
border pursuant to written consent provided in
accordance with section 5(c).
(E) Requested a United States person at the border
consensually disclose an access credential that would
enable access to the digital contents of electronic
equipment or the digital contents of an online account
of the United States person.
(F) Accessed the digital contents of electronic
equipment or the digital contents of an online account
of a United States person at the border using an access
credential pursuant to written consent provided in
accordance with section 5(c).
(G) Accessed the digital contents of any electronic
equipment belonging to or in the possession of, the
digital contents of an online account of, or online
account information of a United States person at the
border in a manner that was not in accordance with
section 5.
(H) Accessed the digital contents of any electronic
equipment belonging to or in the possession of, the
digital contents of an online account of, or online
account information of an individual who is not a
United States person at the border.
(I) Accessed the digital contents of any electronic
equipment belonging to or in the possession of an
individual at the border, the digital contents of an
online account of an individual at the border, or
online account information of an individual at the
border (regardless of whether the individual is a
United States person) at the request of a Governmental
entity (including another component of the Department
of Homeland Security) that is not the Governmental
entity employing the individual accessing the digital
contents or online account information.
(2) Aggregate data on--
(A) the number of United States persons for which a
Governmental entity obtains access to--
(i) the digital contents of electronic
equipment belonging to or in the possession of
the United States person at the border;
(ii) the digital contents of an online
account of the United States person while at
the border; or
(iii) online account information of the
United States person while at the border;
(B) the country from which United States persons
departed most recently before arriving in the United
States for the United States persons for which a
Governmental entity obtains access to--
(i) the digital contents of electronic
equipment belonging to or in the possession of
the United States person at the border;
(ii) the digital contents of an online
account of the United States person while at
the border; or
(iii) online account information of the
United States person while at the border;
(C) the number and nationality of individuals who
are not United States persons for which a Governmental
entity obtains access to--
(i) the digital contents of electronic
equipment belonging to or in the possession of
the individuals at the border;
(ii) the digital contents of an online
account of the individuals while at the border;
or
(iii) online account information of the
individuals while at the border; and
(D) the country from which individuals who are not
United States persons departed most recently before
arriving in the United States for the individuals for
which a Governmental entity obtains access to--
(i) the digital contents of electronic
equipment belonging to or in the possession of
the individuals at the border;
(ii) the digital contents of an online
account of the individuals while at the border;
or
(iii) online account information of the
individuals while at the border.
(3) Aggregate data regarding the perceived race and
ethnicity of individuals for whom a Governmental entity obtains
access to--
(A) the digital contents of electronic equipment
belonging to or in the possession of the individuals at
the border;
(B) the digital contents of an online account of
the individuals while at the border; or
(C) online account information of the individuals
while at the border.
SEC. 8. SAVINGS PROVISIONS.
Nothing in this Act shall be construed to--
(1) prohibit a Governmental entity from conducting an
inspection of the external physical components of the
electronic equipment to determine the presence or absence of
weapons or contraband without a warrant, including activating
or attempting to activate an object that appears to be
electronic equipment to verify that the object is electronic
equipment; or
(2) limit the authority of a Governmental entity under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.).
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Border Security and Enforcement.
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.
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.
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