3.0.0 823 2023-01-11T13:37:00Z 2023-01-11T13:37:00Z Senate S 2017-04-04 115 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing ssga18 Federal Spending Oversight and Emergency Management Subcommittee Hearings by 2018-07-11T18:30:00Z Referred to 2017-04-04T21:30:35Z hshm00 Homeland Security Committee House Standing Legislative interest 2018-02-23T15:26:00Z Legislative interest 2018-02-22T16:56:00Z Protecting Data at the Border Act 115 1899 HR 2017-04-26 Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. Identical bill CRS 2018-07-11 ssga18 Federal Spending Oversight and Emergency Management Subcommittee Senate Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365. Committee 2017-04-04 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2017-04-04 Introduced in Senate IntroReferral 10000 9 Library of Congress W000779 Sen. Wyden, Ron [D-OR] Ron Wyden D OR N P000603 Sen. Paul, Rand [R-KY] Rand Paul R KY 2017-04-04 True M000133 Sen. Markey, Edward J. [D-MA] Edward Markey D MA J. 2017-04-05 False M001176 Sen. Merkley, Jeff [D-OR] Jeff Merkley D OR 2017-06-21 False Immigration Border security and unlawful immigration Computers and information technology Congressional oversight Criminal investigation, prosecution, interrogation Department of Homeland Security Digital media Evidence and witnesses Government information and archives Immigration status and procedures Racial and ethnic relations Right of privacy Telephone and wireless communication Immigration 00 2017-04-04 Introduced in Senate 2017-10-16T22:15:19Z 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.

]]> Protecting Data at the Border Act Display Title Protecting Data at the Border Act Official Title as Introduced 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 Senate IS Short Titles as Introduced Protecting Data at the Border Act Introduced in Senate 2017-04-04T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-115s823is/xml/BILLS-115s823is.xml 2018-07-11 Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.