119th Congress Immigration
H.R. 2604: Protecting Data at the Border Act
Introduced
- Introduced (completed)
- Passed House (not reached)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
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.
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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.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Donald Beyer D-VAOriginal
- Adriano Espaillat D-NYOriginal
- Eleanor Norton D-DCOriginal
- J. Correa D-CA
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Other bills by Ted Lieu
History
- Introduced in the House by Ted Lieu.
Show the full action history (3 actions)
- Introduced in House
- Referred to the Subcommittee on Border Security and Enforcement.
- 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.