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Protecting Data at the Border Act
4/9/2025, 2:22 PM
Summary of Bill HR 2604
The legislation proposes that border agents must have reasonable suspicion before conducting searches of electronic devices or online accounts. This means that agents cannot randomly search devices without a valid reason. Additionally, the bill requires that any information obtained during these searches must be handled in a manner that protects individuals' privacy rights.
Furthermore, the bill includes provisions for notifying individuals if their devices or accounts have been searched at the border. This transparency is intended to keep individuals informed about any potential breaches of their privacy. Overall, the Digital Rights at the Border Act aims to strike a balance between national security concerns and individuals' rights to privacy. By implementing safeguards and procedures for electronic device searches at the border, the bill seeks to protect the digital rights of United States citizens.
Congressional Summary of HR 2604
Protecting Data at the Border Act
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.
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.
