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.
The Protecting Data at the Border Act would restrict how federal agents can search the digital contents of electronic devices and online accounts belonging to U.S. citizens at the border. Currently, law enforcement can conduct these searches without a warrant, but the bill would require agents to obtain a warrant based on probable cause before accessing emails, photos, messages, or other data on phones, laptops, or accounts. The bill also prohibits border agents from denying entry to the United States or delaying someone for more than four hours based solely on their refusal to provide passwords or access to their devices. It includes narrow exceptions for genuine emergencies involving immediate danger or national security threats, requiring agents to obtain a warrant within seven days or destroy any copies of the data accessed. The legislation mandates that border agencies keep detailed records of all digital searches and submit annual public reports to Congress on their search activities, including breakdowns by race and ethnicity to help identify potential patterns of discrimination.
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