,i #aafth ,,congress #ast ,session ,h4 ,r4 #bibe ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjai,mr4 ,ted ,lieu of ,california 7for himself1 ,ms4 ,del,bene1 ,mr4 ,de,saulnier1 ,mr4 ,espaillat1 ,ms4 ,gabbard1 ,ms4 ,norton1 ,mr4 ,rush1 and ,ms4 ,schakowsky7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,homeland ,security1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to ensure the digital contents of electronic equipment and online accounts belonging to or in the possession of ,united ,states persons entering or exiting the ,united ,states are adequately protected at the border1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protecting ,data at the ,border ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,united ,states persons have a reasonable expectation of privacy in the digital contents of their electronic equipment1 the digital contents of their online accounts1 and the nature of their online presence4 7#b7 ,the ,supreme ,court of the ,united ,states recognized in ,riley v4 ,california1 #acd ,s4 ,ct4 #bdgc 7#bjad71 the extraordinary privacy interests in electronic equipment like cell phones4 7#c7 ,the privacy interest of ,united ,states persons in the digital contents of their electronic equipment1 the digital contents of their online accounts1 and the nature of their online presence differs in both degree and kind from their privacy interest in closed containers4 7#d7 ,accessing the digital contents of electronic equipment1 accessing the digital contents of an online account1 or obtaining information regarding the nature of the online presence of a ,united ,states person entering or exiting the ,united ,states1 without a lawful warrant based on probable cause1 is unreasonable under the ,fourth ,amendment to the ,constitution of the ,united ,states4 #c4 ,definitions ,as used in this ,act-- 7#a7 the term access credential includes a username1 password1 ,,pin number1 fingerprint1 or biometric indicator2 7#b7 the term border means the international border of the ,united ,states and the functional equivalent of such border2 7#c7 the term digital contents means any signs1 signals1 writing1 images1 sounds1 data1 or intelligence of any nature transmitted in whole or in part by electronic equipment1 or stored in electronic equipment or an online account2 7#d7 the term electronic communication service has the meaning given that term in section #beaj of title #ah1 ,united ,states ,code2 7#e7 the term electronic equipment has the meaning given the term computer in section #ajcj7;e7 of title #ah1 ,united ,states ,code2 7#f7 the term ,governmental entity means a department or agency of the ,united ,states 7including any officer1 employee1 or contractor or other agent thereof72 7#g7 the term online account means an online account with an electronic communication service or remote computing service2 7#h7 the term online account information means the screen name or other identifier or information that would allow a ,governmental entity to identify the online presence of an individual2 7#i7 the term remote computing service has the meaning given that term in section #bgaa of title #ah1 ,united ,states ,code2 and 7#aj7 the term ,united ,states person means an individual who is a ,united ,states person1 as defined in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 #d4 ,procedures for lawful access to digital data at the border 7a7 ,standard ,subject to subsection 7b71 a ,governmental entity may not-- 7#a7 access the digital contents of any electronic equipment belonging to or in the possession of a ,united ,states person at the border without a valid warrant supported by probable cause issued using the procedures described in the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction2 7#b7 deny entry into or exit from the ,united ,states by a ,united ,states person based on a refusal by the ,united ,states person to-- 7,a7 disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account2 7,b7 provide access to the digital contents of electronic equipment or the digital contents of an online account2 or 7,c7 provide online account information2 or 7#c7 delay entry into or exit from the ,united ,states by a ,united ,states person for longer than the period of time1 which may not exceed #d hours1 necessary to determine whether the ,united ,states person will1 in a manner in accordance with subsection 7c71 consensually provide an access credential1 access1 or online account information1 as described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b74 7b7 ,emergency exceptions 7#a7 ,emergency situations generally 7,a7 ,in general ,an investigative or law enforcement officer of a ,governmental entity who is designated by the ,secretary of ,homeland ,security for purposes of this paragraph may access the digital contents of electronic equipment belonging to or in possession of a ,united ,states person at the border without a warrant described in subsection 7a77#a7 if the investigative or law enforcement officer-- 7i7 reasonably determines that-- 7,i7 an emergency situation exists that involves-- 7aa7 immediate danger of death or serious physical injury to any person2 7bb7 conspiratorial activities threatening the national security interest of the ,united ,states2 or 7cc7 conspiratorial activities characteristic of organized crime2 7,,ii7 the emergency situation described in subclause 7,i7 requires access to the digital contents of the electronic equipment before a warrant described in subsection 7a77#a7 authorizing such access can1 with due diligence1 be obtained2 and 7,,iii7 there are grounds upon which a warrant described in subsection 7a77#a7 could be issued authorizing such access2 and 7ii7 makes an application in accordance with this section for a warrant described in subsection 7a77#a7 as soon as practicable1 but not later than #g days after the investigative or law enforcement officer accesses the digital contents under the authority under this subparagraph4 7,b7 ,warrant not obtained ,if an application for a warrant described in subparagraph 7,a77ii7 is denied1 or in any other case in which an investigative or law enforcement officer accesses the digital contents of electronic equipment belonging to or in possession of a ,united ,states person at the border without a warrant under the emergency authority under subparagraph 7,a7 and a warrant authorizing the access is not obtained-- 7i7 any copy of the digital contents in the custody or control of a ,governmental entity shall immediately be destroyed2 7ii7 the digital contents1 and any information derived from the digital contents1 may not be disclosed to any ,governmental entity or a ,state or local government2 and 7iii7 the ,governmental entity employing the investigative or law enforcement officer that accessed the digital contents shall notify the ,united ,states person that any copy of the digital contents has been destroyed4 7#b7 ,protection of public safety and health ,a ,governmental entity may access the digital contents of electronic equipment belonging to or in possession of a ,united ,states person at the border without a warrant described in subsection 7a77#a7 if the access is-- 7,a7 necessary for the provision of fire1 medical1 public safety1 or other emergency services2 and 7,b7 unrelated to the investigation of a possible crime or other violation of the law4 7c7 ,informed consent in writing 7#a7 ,notice 7,a7 ,in general ,a ,governmental entity shall provide the notice described in subparagraph 7,b7 before requesting that a ,united ,states person at the border-- 7i7 provide consent to access the digital contents of any electronic equipment belonging to or in the possession of or the digital contents of an online account of the ,united ,states person2 7ii7 disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account of the ,united ,states person2 7iii7 provide access to the digital contents of electronic equipment or the digital contents of an online account of the ,united ,states person2 or 7iv7 provide online account information of the ,united ,states person4 7,b7 ,contents ,the notice described in this subparagraph is written notice in a language understood by the ,united ,states person that the ,governmental entity-- 7i7 may not-- 7,i7 compel access to the digital contents of electronic equipment belonging to or in the possession of1 the digital contents of an online account of1 or the online account information of a ,united ,states person without a valid warrant2 7,,ii7 deny entry into or exit from the ,united ,states by the ,united ,states person based on a refusal by the ,united ,states person to-- 7aa7 disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account2 7bb7 provide access to the digital contents of electronic equipment or the digital contents of an online account2 or 7cc7 provide online account information2 or 7,,iii7 delay entry into or exit from the ,united ,states by the ,united ,states person for longer than the period of time1 which may not exceed #d hours1 necessary to determine whether the ,united ,states person will consensually provide an access credential1 access1 or online account information1 as described in items 7aa71 7bb71 and 7cc7 of subclause 7,,ii72 and 7ii7 if the ,governmental entity has probable cause that the electronic equipment contains information that is relevant to an allegation that the ,united ,states person has committed a felony1 may seize electronic equipment belonging to or in the possession of the ,united ,states person for a period of time if the ,united ,states person refuses to consensually provide access to the digital contents of the electronic equipment4 7#b7 ,consent 7,a7 ,in general ,a ,governmental entity shall obtain written consent described in subparagraph 7,b7 before-- 7i7 accessing1 pursuant to the consent of a ,united ,states person at the border the digital contents of electronic equipment belonging to or in the possession of or the digital contents of an online account of the ,united ,states person2 7ii7 obtaining1 pursuant to the consent of a ,united ,states person at the border1 an access credential of the ,united ,states person that would enable access to the digital contents of electronic equipment or the digital contents of an online account2 or 7iii7 obtaining1 pursuant to the consent of a ,united ,states person at the border1 online account information for an online account of the ,united ,states person4 7,b7 ,contents of written consent ,written consent described in this subparagraph is written consent that-- 7i7 indicates the ,united ,states person understands the protections and limitations described in paragraph 7#a77;,b72 7ii7 states the ,united ,states person is-- 7,i7 providing consent to the ,governmental entity to access certain digital contents or consensually disclosing an access credential2 or 7,,ii7 consensually providing online account information2 and 7iii7 specifies the digital contents1 access credential1 or online account information with respect to which the ,united ,states person is providing consent4 7d7 ,retention of digital contents 7#a7 ,lawful access ,a ,governmental entity that obtains access to the digital contents of electronic equipment1 the digital contents of an online account1 or online account information in accordance with this section may not make or retain a copy of the digital contents or online account information1 or any information directly or indirectly derived from the digital contents or online account information1 unless there is probable cause to believe the digital contents or online account information contains evidence of1 or constitutes the fruits of1 a crime4 7#b7 ,unlawful access ,if a ,governmental entity obtains access to the digital contents of electronic equipment1 digital contents of an online account1 or online account information in a manner that is not in accordance with this section1 the ,governmental entity-- 7,a7 shall immediately destroy any copy of the digital contents or online account information1 and any information directly or indirectly derived from the digital contents or online account information1 in the custody or control of the ,governmental entity2 7,b7 may not disclose the digital contents or online account information1 or any information directly or indirectly derived from the digital contents or online account information1 to any other ,governmental entity or a ,state or local government2 and 7,c7 shall notify the ,united ,states person that any copy of the digital contents or online account information1 and any information directly or indirectly derived from the digital contents or online account information1 has been destroyed4 7e7 ,recordkeeping ,a ,governmental entity shall keep a record of each instance in which the ,governmental entity obtains access to the digital contents of electronic equipment belonging to or in the possession of an individual at the border1 the digital contents of an online account of an individual who is at the border1 or online account information of an individual who is at the border1 which shall include-- 7#a7 the reason for the access2 7#b7 the nationality1 immigration status1 and admission category of the individual2 7#c7 the nature and extent of the access2 7#d7 if the access was consensual1 how and to what the individual consented1 and what the individual provided by consent2 7#e7 whether electronic equipment of the individual was seized2 7#f7 whether the ,governmental entity made a copy of all or a portion of the digital contents or online account information1 or any information directly or indirectly derived from the digital contents or online account information2 and 7#g7 whether the digital contents or online account information1 or any information directly or indirectly derived from the digital contents or online account information1 was shared with another ,governmental entity or a ,state or local government4 #e4 ,limits on use of digital contents as evidence 7a7 ,in general ,whenever any digital contents or online account information have been obtained in violation of this ,act1 no part of the digital contents or online account information and no evidence derived therefrom may be received in evidence in any trial1 hearing1 or other proceeding 7including any proceeding relating to the immigration laws1 as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a777 in or before any court1 grand jury1 department1 officer1 agency1 regulatory body1 legislative committee1 or other authority of the ,united ,states1 a ,state1 or a political subdivision thereof4 7b7 ,application ,to the maximum extent practicable1 the limitations under subsection 7a7 shall be applied in the same manner as the limitations under section #beae of title #ah1 ,united ,states ,code4 #f4 ,limits on seizure of electronic equipment ,a ,governmental entity may not seize any electronic equipment belonging to or in the possession of a ,united ,states person at the border unless there is probable cause to believe that the electronic equipment contains information that is relevant to an allegation that the ,united ,states person has committed a felony4 #g4 ,audit and reporting requirements ,in ,march of each year1 the ,secretary of ,homeland ,security shall submit to ,congress and make publicly available on the website of the ,department of ,homeland ,security a report that includes the following3 7#a7 ,the number of times during the previous year that an officer or employee of the ,department of ,homeland ,security did each of the following3 7,a7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of or the digital contents of an online account of a ,united ,states person at the border pursuant to a warrant supported by probable cause issued using the procedures described in the ,federal ,rules of ,criminal ,procedure by a court of competent jurisdiction4 7,b7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of a ,united ,states person at the border pursuant to the emergency authority under section #e7;b74 7,c7 ,requested consent to access the digital contents of any electronic equipment belonging to or in the possession of1 the digital contents of an online account of1 or online account information of a ,united ,states person at the border4 7,d7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of1 the digital contents of an online account of1 or online account information of a ,united ,states person at the border pursuant to written consent provided in accordance with section #e7;c74 7,e7 ,requested a ,united ,states person at the border consensually disclose an access credential that would enable access to the digital contents of electronic equipment or the digital contents of an online account of the ,united ,states person4 7,f7 ,accessed the digital contents of electronic equipment or the digital contents of an online account of a ,united ,states person at the border using an access credential pursuant to written consent provided in accordance with section #e7;c74 7,g7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of1 the digital contents of an online account of1 or online account information of a ,united ,states person at the border in a manner that was not in accordance with section #e4 7,h7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of1 the digital contents of an online account of1 or online account information of an individual who is not a ,united ,states person at the border4 7,i7 ,accessed the digital contents of any electronic equipment belonging to or in the possession of an individual at the border1 the digital contents of an online account of an individual at the border1 or online account information of an individual at the border 7regardless of whether the individual is a ,united ,states person7 at the request of a ,governmental entity 7including another component of the ,department of ,homeland ,security7 that is not the ,governmental entity employing the individual accessing the digital contents or online account information4 7#b7 ,aggregate data on-- 7,a7 the number of ,united ,states persons for which a ,governmental entity obtains access to-- 7i7 the digital contents of electronic equipment belonging to or in the possession of the ,united ,states person at the border2 7ii7 the digital contents of an online account of the ,united ,states person while at the border2 or 7iii7 online account information of the ,united ,states person while at the border2 7,b7 the country from which ,united ,states persons departed most recently before arriving in the ,united ,states for the ,united ,states persons for which a ,governmental entity obtains access to-- 7i7 the digital contents of electronic equipment belonging to or in the possession of the ,united ,states person at the border2 7ii7 the digital contents of an online account of the ,united ,states person while at the border2 or 7iii7 online account information of the ,united ,states person while at the border2 7,c7 the number and nationality of individuals who are not ,united ,states persons for which a ,governmental entity obtains access to-- 7i7 the digital contents of electronic equipment belonging to or in the possession of the individuals at the border2 7ii7 the digital contents of an online account of the individuals while at the border2 or 7iii7 online account information of the individuals while at the border2 and 7,d7 the country from which individuals who are not ,united ,states persons departed most recently before arriving in the ,united ,states for the individuals for which a ,governmental entity obtains access to-- 7i7 the digital contents of electronic equipment belonging to or in the possession of the individuals at the border2 7ii7 the digital contents of an online account of the individuals while at the border2 or 7iii7 online account information of the individuals while at the border4 7#c7 ,aggregate data regarding the perceived race and ethnicity of individuals for whom a ,governmental entity obtains access to-- 7,a7 the digital contents of electronic equipment belonging to or in the possession of the individuals at the border2 7,b7 the digital contents of an online account of the individuals while at the border2 or 7,c7 online account information of the individuals while at the border4 #h4 ,savings provisions ,nothing in this ,act shall be construed to-- 7#a7 prohibit a ,governmental entity from conducting an inspection of the external physical components of the electronic equipment to determine the presence or absence of weapons or contraband without a warrant1 including activating or attempting to activate an object that appears to be electronic equipment to verify that the object is electronic equipment2 or 7#b7 limit the authority of a ,governmental entity under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474