Protecting US Citizens' Digital Data at Borders
This act aims to enhance digital privacy protection for US citizens when crossing borders. It limits border agents' ability to search phones and online accounts without a warrant and establishes clear rules for data access consent and retention. This gives citizens greater control over their digital information.
Key points
Border agencies cannot search electronic devices or online accounts of US citizens without a court warrant.
Citizens cannot be denied entry or exit, or delayed for more than 4 hours, for refusing to provide digital data without a warrant.
Exceptions are made for emergency situations (threat to life, national security, organized crime), but require a warrant to be obtained later.
Any data obtained unlawfully must be immediately destroyed and cannot be used as evidence.
The act requires written informed consent for data access, with full disclosure of citizen rights.
Agencies must keep detailed records of every instance of digital data access at the border and submit annual reports to Congress.
Expired
Additional Information
Print number: 117_HR_5524
Sponsor: Rep. Lieu, Ted [D-CA-33]
Process start date: 2021-10-08