Bill Sponsor
Senate Bill 2694
116th Congress(2019-2020)
A bill to place restrictions on searches and seizures of electronic devices at the border.
Introduced
Introduced
Introduced in Senate on Oct 24, 2019
Overview
Text
Introduced
Oct 24, 2019
Latest Action
Oct 24, 2019
Origin Chamber
Senate
Type
Bill
Bill
The primary form of legislative measure used to propose law. Depending on the chamber of origin, bills begin with a designation of either H.R. or S. Joint resolution is another form of legislative measure used to propose law.
Bill Number
2694
Congress
116
Policy Area
Immigration
Immigration
Primary focus of measure is administration of immigration and naturalization matters; immigration enforcement procedures; refugees and asylum policies; travel and residence documentation; foreign labor; benefits for immigrants. Measures concerning smuggling and trafficking of persons may fall under Crime and Law Enforcement policy area. Measures concerning refugees may fall under International Affairs policy area.
Sponsorship by Party
Democrat
Vermont
Senate Votes (0)
House Votes (0)
No Senate votes have been held for this bill.
Summary

This bill places restrictions on the search and seizure of electronic devices at the international border.

A Department of Homeland Security (DHS) official may conduct a manual search of a device transported by an individual at the border only if the official has a reasonable suspicion that (1) the individual is transporting goods or persons in violation of the law or is not entitled to enter the country, and (2) the device contains information relevant to the suspected violation. A DHS official may seize a device only if the official has probable cause to believe that such conditions are satisfied, or that the individual is in violation of a law punishable by more than one year and the device has information about that violation.

A manual search is one that (1) is conducted without using another electronic device, software, a password, or biometric identifier to access protected data; (2) is in the presence of the individual; and (3) does not exceed four hours. For seized devices, DHS (1) shall obtain a warrant or court order within 48 hours or return the device, and (2) may not access the device before obtaining the warrant or court order.

A forensic search is one that falls outside the definition of a manual search (e.g. one where software is used) and may not be conducted without a warrant or court order.

The bill imposes various record keeping, information retention, and reporting requirements related to the search and seizure of devices at the border.

Text (1)
October 24, 2019
Actions (2)
10/24/2019
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
10/24/2019
Introduced in Senate
Public Record
Record Updated
Nov 1, 2022 4:17:42 AM