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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (2)

Short Titles

Short Titles - Senate

Short Titles as Introduced

Protecting Data at the Border Act

Official Titles

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)

Date Actions Overview
04/04/2017Introduced in Senate

All Actions (2)

Date All Actions
07/11/2018Committee 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
04/04/2017Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Action By: Senate

Cosponsors (3)

* = Original cosponsor
CosponsorDate Cosponsored
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

Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Related Documents
Senate Homeland Security and Governmental Affairs04/04/2017 Referred to
Senate Homeland Security and Governmental Affairs Subcommittee on Federal Spending Oversight and Emergency Management07/11/2018 Hearings by
House Homeland Security02/22/2018 Legislative interest
02/23/2018 Legislative interest

A related bill may be a companion measure, an identical bill, a procedurally-related measure, or one with text similarities. Bill relationships are identified by the House, the Senate, or CRS, and refer only to same-congress measures.


Latest Summary (1)

There is one summary for S.823. View summaries

Shown Here:
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.