S. 2694 · 116th Congress
A bill to place restrictions on searches and seizures of electronic devices at the border.
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Never voted on. It didn't reach a floor vote before the 116th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
LeahySponsor1 cosponsor · 1 R
1 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
This bill places restrictions on the search and seizure of electronic devices at the international border.
What it does: CRS summary · Introduced in Senate · Oct 24, 2019
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.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: A bill to place restrictions on searches and seizures of electronic devices at the border.
Latest action (Oct 24, 2019): Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Policy area: Immigration · Origin: Senate · Introduced: Oct 24, 2019
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.