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S. 1606

BillFederalSenateIn Committee
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.
About This Bill
Committee
Latest Action · May 22, 2019
Read twice and referred to the Committee on the Judiciary.
Congress
116th (2019–2021)
Introduced
May 22, 2019
Cosponsors (3)
2D 1R
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Summary

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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.

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