Protecting Digital Privacy at the Border: Warrant Required for Device Searches
This Act significantly enhances the privacy rights of U.S. persons when crossing the border. Federal authorities generally cannot search the digital contents of phones, laptops, or online accounts without a valid court warrant based on probable cause. Citizens cannot be penalized (denied entry or delayed) for refusing to provide passwords or access credentials unless they give informed, written consent.
Key points
Warrant Requirement: Border agents must obtain a court warrant supported by probable cause to access the digital contents of your electronic devices or online accounts.
Right to Refuse: You cannot be denied entry or exit, or delayed for more than four hours, solely for refusing to disclose passwords or grant access to your digital data.
Data Obtained Illegally: Any digital data accessed in violation of this law cannot be used as evidence in any legal or immigration proceeding.
Emergency Access Limits: Warrantless searches are restricted to extreme emergencies involving immediate danger of death, serious injury, or specific national security threats.
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