Border officers would usually need a warrant before searching a U.S. person’s phone, laptop, or online account. Refusing to unlock a device could not be used to deny entry or exit, and unlawful data could not usually be used in court or immigration cases.
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Protecting Data at the Border Act is a House bill in committee. The latest recorded action: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Latest action on H.R. 2604: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Who this affects: This bill mainly affects U.S. persons who cross the U.S. border with phones, laptops, tablets, or online accounts that officers may want to search. It also affects border officers, because it tells them when they need a warrant, when consent counts, and when they may seize a device. It could also affect prosecutors, immigration officials, and courts because unlawfully collected digital data would usually be blocked from official proceedings.
Why this matters: Phones and online accounts can hold years of private messages, photos, location history, work files, and health or financial details. This bill would make border searches of that digital data follow clearer rules for U.S. persons. It could reduce pressure on travelers to hand over passwords. It could also limit how the government uses data gathered outside those rules.
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