H.R. 2604: Protecting Data at the Border Act

This bill, known as the Protecting Data at the Border Act, seeks to enhance the privacy protections of individuals, specifically United States persons, regarding their digital contents when they are entering or exiting the United States. The bill establishes several key provisions regarding government access to electronic devices and online accounts at border checkpoints.

Key Provisions

1. Protection of Digital Privacy

The bill states that United States persons have a reasonable expectation of privacy concerning the digital contents of their electronic devices and online accounts. It emphasizes that these digital privacy interests are significant and differ from traditional physical property rights.

2. Warrant Requirement

Under this bill, a Governmental entity cannot access the digital contents of any electronic equipment or online accounts belonging to a United States person at the border without a valid warrant. This warrant must be issued based on probable cause and adhere to the procedures outlined in the Federal Rules of Criminal Procedure.

3. Entry and Exit Restrictions

The legislation prohibits denying entry or exit to United States persons based on their refusal to disclose access credentials (such as passwords) or provide access to their digital contents. Additionally, any delays in processing a person's border crossing related to such requests cannot exceed four hours.

4. Emergency Exceptions

The bill does outline situations where a Governmental entity may access digital contents without a warrant in emergency scenarios. These include cases where there is immediate danger to life, threats to national security, or organized crime activities. In such instances, the accessing officer must follow up with a warrant application as soon as practical.

5. Written Consent

Before requesting access to an individual's digital contents or accounts, a Government entity must provide written notice about the limitations and rights regarding such access. This ensures the individual is informed about their rights, including the right not to consent without consequence.

6. Limits on Retention of Data

If a Government entity accesses digital contents in compliance with the bill, they may not retain copies unless there is probable cause to believe the data contains evidence of a crime. Any access that does not meet these criteria must result in the immediate destruction of the digital contents.

7. Reporting and Accountability

The Secretary of Homeland Security is required to compile and report annually on the instances of access to digital contents, the reasons for such access, and any consent provided. This report aims to ensure accountability and transparency regarding how often and under what circumstances government entities access personal digital data.

8. Limits on Seizure of Equipment

The bill also places restrictions on the seizure of electronic equipment, requiring probable cause to believe that the equipment contains evidence relevant to an allegation of a felony before any such action can be taken.

9. Audit and Compliance

Additionally, the bill contains provisions for regular audits on compliance with these regulations, aiming to monitor how often digital contents are accessed unlawfully, thereby providing checks on governmental power.

Relevant Companies