[Congressional Record Volume 164, Number 35 (Tuesday, February 27, 2018)]
[Senate]
[Page S1249]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself and Mr. Daines):
  S. 2462. A bill to place restrictions on searches and seizures of 
electronic devices at the border; to the Committee on Homeland Security 
and Governmental Affairs.
  Mr. LEAHY. Mr. President. No American should have to relinquish all 
of their privacy rights in their cell phones, laptops, and other 
electronic devices, simply because they are coming home from a trip 
abroad. Yet that is exactly how our Government views it: currently, if 
a Vermonter crosses the border into Canada for a day, U.S. Customs and 
Border Protection (CBP) can search through the Vermonter's emails, text 
messages, photos, and anything else contained in their electronic 
devices without any reason to suspect the person is in violation of 
anything. Let me repeat that: without any suspicion at all. That is 
unacceptable.
  That is why I am joining with Senator Daines to introduce legislation 
to require the Government to have reasonable suspicion or probable 
cause to search or seize Americans' electronic devices at the border. 
This legislation is a vital step toward protecting our Fourth Amendment 
rights, while also ensuring that officers protecting our homeland have 
the lawful authorities they need to do their jobs.
  Last year, CBP searched the electronic devices of over 30,000 
travelers, and this number continues to grow. These searches can take 
place at any international airport, or at any land border point such as 
U.S.-Canada border crossings in my home state of Vermont or Senator 
Daines's home state of Montana.
  Nothing in this legislation will prevent CBP officers from doing 
their jobs to protect the homeland, detect contraband, and enforce the 
law. Our legislation simply says that if an officer of the Government 
wants to search an American's electronic device at the border, at a 
minimum they should have reasonable suspicion. If they want to seize 
the device, they should have probable cause. And if they want to 
conduct a forensic examination of the device, they should get a warrant 
from a judge.
  Our legislation also requires the Department of Homeland Security to 
collect statistics on such searches and seizures and report them to 
Congress. This will significantly increase transparency on the 
Government's use of these invasive tools, providing Congress and the 
American people an opportunity to assess the balance between the needs 
of law enforcement and the imperative of protecting privacy and civil 
liberties.
  I urge other Senators to join us in support of this legislation. It 
should not be controversial to be concerned at the Government's ability 
to search our electronic devices at the border without any suspicion at 
all. All of us--Republican and Democrat--can support the goal of 
protecting our borders while also protecting the Fourth Amendment.
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