All Information (Except Text) for S.823 - Protecting Data at the Border Act115th Congress (2017-2018)
|Sponsor:||Sen. Wyden, Ron [D-OR] (Introduced 04/04/2017)|
|Committees:||Senate - Homeland Security and Governmental Affairs|
|Latest Action:||Senate - 07/11/2018 Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365. (All Actions)|
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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries
Short Titles - Senate
Short Titles as Introduced
Protecting Data at the Border Act
Official Titles - Senate
Official Titles as Introduced
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.
Actions Overview (1)
|04/04/2017||Introduced in Senate|
All Actions (2)
|07/11/2018||Committee on Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management. Hearings held. With printed Hearing: S.Hrg. 115-365.|
Action By: Senate Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management
|04/04/2017||Read twice and referred to the Committee on Homeland Security and Governmental Affairs.|
Action By: Senate
|Sen. Paul, Rand [R-KY]*||04/04/2017|
|Sen. Markey, Edward J. [D-MA]||04/05/2017|
|Sen. Merkley, Jeff [D-OR]||06/21/2017|
|Committee / Subcommittee||Date||Activity||Related Documents|
|Senate Homeland Security and Governmental Affairs||04/04/2017||Referred to|
|Senate Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management||07/11/2018||Hearings by|
|House Homeland Security||02/22/2018||Legislative interest|
Subject — Policy Area:
One Policy Area term, which best describes an entire measure, is assigned to every public bill or resolution.
- Border security and unlawful immigration
- Computers and information technology
- Congressional oversight
- Criminal investigation, prosecution, interrogation
- Department of Homeland Security
- Digital media
- Evidence and witnesses
- Government information and archives
- Immigration status and procedures
- Racial and ethnic relations
- Right of privacy
- Telephone and wireless communication
Latest Summary (1)
Introduced in Senate (04/04/2017)
Protecting Data at the Border Act
This bill prohibits a governmental entity from: (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information.
A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted: (1) digital content copies must be destroyed, (2) digital contents or information may not be disclosed, and (3) the person shall be notified of such destruction.
A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime.
Unlawfully accessed information: (1) must be destroyed and the person notified of its destruction; (2) may not be disclosed; and (3) may not be received in evidence in any trial, hearing, or other proceeding.
A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information.
A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.