3.0.0 2694 2022-11-01T04:17:42Z 2022-11-01T04:17:42Z Senate S 2019-10-24 116 ssga00 Homeland Security and Governmental Affairs Committee Senate Standing Referred to 2019-10-24T17:39:28Z 2019-10-24 ssga00 Homeland Security and Governmental Affairs Committee Senate Read twice and referred to the Committee on Homeland Security and Governmental Affairs. IntroReferral 2019-10-24 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N D000618 Sen. Daines, Steve [R-MT] Steve Daines R MT 2019-10-24 True Immigration Border security and unlawful immigration Computers and information technology Congressional oversight Criminal investigation, prosecution, interrogation Criminal justice information and records Criminal procedure and sentencing Evidence and witnesses Immigration status and procedures Racial and ethnic relations Smuggling and trafficking Immigration 00 2019-10-24 Introduced in Senate 2019-11-05T14:27:25Z 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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A bill to place restrictions on searches and seizures of electronic devices at the border. Display Title A bill to place restrictions on searches and seizures of electronic devices at the border. Official Title as Introduced A bill to place restrictions on searches and seizures of electronic devices at the border. Introduced in Senate IS Introduced in Senate 2019-10-24T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-116s2694is/xml/BILLS-116s2694is.xml 2019-10-24 Read twice and referred to the Committee on Homeland Security and Governmental Affairs. 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.