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Protecting Digital Data at US Borders

This act aims to enhance the privacy protection of US citizens when crossing the border. It limits the ability of border officials to search electronic devices and online accounts without a court warrant, meaning greater security for your data. It establishes clear rules for consent to data access and the consequences of illegally obtaining it.
Key points
Border officials need a court warrant to search your electronic devices or online accounts.
You cannot be detained or denied entry/exit from the US for refusing to provide data without a warrant.
In emergencies (threat to life, national security), data access is possible but requires a subsequent warrant.
If data is obtained illegally, it must be destroyed and cannot be used as evidence.
The act mandates informing citizens of their rights before requesting consent for data access.
Agencies must keep detailed records of each data access instance and submit annual reports to Congress.
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Additional Information
Print number: 117_S_2957
Sponsor: Sen. Wyden, Ron [D-OR]
Process start date: 2021-10-07