Protecting Data at the Border Act

Warrant for phone searches at the border

If enacted, border officers would need a warrant to see the digital contents of your phone, laptop, or online accounts if you are a U.S. person. Officers could still inspect the outside of devices for weapons or contraband. In a real emergency, a designated officer could access data without a warrant but must seek a warrant within 7 days; if none is issued, copies would be destroyed and you would be told. Warrantless access could also occur only to give emergency medical or safety help, not for a criminal probe. You could not be denied entry or exit, or delayed more than 4 hours, for refusing to share a password or account access. Your device could not be seized unless there is probable cause it holds information related to a felony. Consent would have to be written and informed, and must specify what data it covers. Courts and agencies would have to throw out data taken in violation of these rules. This would not change powers under the Foreign Intelligence Surveillance Act.