,,ii #aafth ,,congress #ast ,session ,s4 #bfid ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bd1 #bjai,mr4 ,leahy 7for himself and ,mr4 ,daines7 introduced the following bill2 which was read twice and referred to the ,committee on ,homeland ,security and ,governmental ,affairs ,a ,,bill ,to place restrictions on searches and seizures of electronic devices at the border4 #a4 ,definitions ,in this ,act3 7#a7 ,forensic search ,the term forensic search means any examination of an electronic device that-- 7,a7 is conducted for longer than #d hours2 7,b7 is conducted with the assistance of any other electronic device1 electronic equipment1 or software1 including software enabling the searching1 scanning1 or indexing of the contents of the device2 7,c7 involves the copying or documentation of data stored on the device2 or 7,d7 is conducted in any other manner that would not fall within the definition of a manual search or a search described in section #d7a74 7#b7 ,manual search ,the term manual search means the examination of an electronic device that is conducted manually without-- 7,a7 the assistance of any other electronic device1 electronic equipment1 or software1 including the use of special search programs2 or 7,b7 the entry of any password1 passcode1 fingerprint1 account information1 or other biometric identifier that permits access to data otherwise protected by technological means4 #b4 ,searches and seizures of electronic devices at the border 7a7 ,in general ,except as otherwise provided in this section1 an official of the ,department of ,homeland ,security may not search or seize an electronic device transported by a ,united ,states person at the international border4 7b7 ,manual searches ,an electronic device transported by an individual at the border may be subject to a manual search by an official of the ,department of ,homeland ,security1 in accordance with the procedures described in subsection 7f7 if the official has a reasonable suspicion that-- 7#a7 the individual transporting the device-- 7,a7 is carrying contraband or is otherwise transporting goods or persons in violation of the laws enforced by the ,department of ,homeland ,security2 or 7,b7 is inadmissible or otherwise not entitled to enter the ,united ,states under such laws2 and 7#b7 the device contains information or evidence relevant to a violation referred to in paragraph 7#a74 7c7 ,seizures ,an electronic device transported by an individual at the border may be seized by an official of the ,department of ,homeland ,security1 in accordance with the procedures described in subsection 7f7 if the official has probable cause to believe that-- 7#a7 the individual-- 7,a7 is carrying contraband or is otherwise transporting goods or persons in violation of the laws enforced by the ,department of ,homeland ,security2 7,b7 is inadmissible or otherwise not entitled to enter the ,united ,states under such laws2 or 7,c7 is in violation of any ,federal or ,state law punishable by more than #a year2 and 7#b7 the electronic device contains information or evidence relevant to a violation referred to in paragraph 7#a74 7d7 ,forensic searches ,an electronic device transported by an individual at the border may be subject to forensic search only pursuant to a warrant issued using the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures7 by a court of competent jurisdiction4 7e7 ,admissibility of evidence ,information obtained or derived pursuant to a violation of this section-- 7#a7 may not be used as the basis for demonstrating the inadmissibility or removability of an individual2 and 7#b7 may not be received in evidence or disclosed in any trial1 hearing1 or other proceeding 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 of a ,state4 7f7 ,procedures for searches and seizures of electronic devices at the border 7#a7 ,initiating a search or seizure ,prior to initiating any search or seizure of an electronic device transported by an individual at the border pursuant to the authority under this section1 the official of the ,department of ,homeland ,security initiating the search or seizure shall-- 7,a7 obtain supervisory approval to engage in the search or seizure2 and 7,b7 record-- 7i7 the nature of the reasonable suspicion or probable cause and the specific facts or bases for that determination2 and 7ii7 the age1 sex1 country of origin1 citizenship or immigration status1 ethnicity1 and race of the individual transporting the electronic device4 7#b7 ,conditions for a manual search 7,a7 ,presence of the individual ,the individual transporting the electronic device subject to a manual search shall be permitted to remain present during the search of the electronic device4 7,b7 ,scope of manual search ,a manual search-- 7i7 shall be conducted by an official of the ,department of ,homeland ,security manually1 without the assistance of any electronic device or electronic equipment2 7ii7 shall be tailored to the reasonable suspicion recorded by the official of the ,department of ,homeland ,security before the manual search began2 7iii7 shall be confined to documents1 files1 or other electronic information stored on the electronic device that could reasonably contain information or evidence relevant to a violation described in paragraph 7#c7 and are accessible without the entry of any password1 passcode1 fingerprint1 or other biometric identifier2 and 7iv7 may not exceed a total of #d hours4 7,c7 ,destruction of inadvertently collected information ,unless an official of the ,department of ,homeland ,security determines1 not later than #e days after a manual search1 that information obtained from the electronic device is evidence of a crime or immigration violation1 an official of the ,department shall delete any information collected from or about the device from ,department records not later than #aj days after the date on which the search was conducted4 7#c7 ,conditions for a seizure of an electronic device 7,a7 ,requirement for warrant or court order approving seizure 7i7 ,in general ,not later than #dh hours after an official of the ,department of ,homeland ,security seizes an electronic device pursuant to the authority under this section1 an official of the ,department shall seek a warrant or order approving the seizure under the procedures described in the ,federal ,rules of ,criminal ,procedure 7or1 in the case of a ,state court1 issued using ,state warrant procedures74 7ii7 ,no warrant or order ,if a warrant or order is denied or fails to be issued after the seizure1 an official of the ,department of ,homeland ,security shall immediately return the electronic device to the individual from whom it was seized4 7,b7 ,suspension and prohibition of search ,an electronic device seized at the border pursuant to the authority under this section may not be accessed or searched by any governmental entity before the issuance of a warrant or court order authorizing the accessing or search of the device4 #c4 ,reporting ,the ,secretary of ,homeland ,security shall submit an annual report to the ,committee on the ,judiciary of the ,senate1 the ,committee on the ,judiciary of the ,house of ,representatives1 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 and the ,committee on ,homeland ,security of the ,house of ,representatives that details-- 7#a7 the number of electronic devices subject to a manual search pursuant to the authority under section #b2 7#b7 the number of electronic devices subject to a forensic search pursuant to the authority under section #b2 7#c7 the number of electronic devices seized pursuant to the authority under section #b2 7#d7 statistics regarding the age1 sex1 country of origin1 citizenship or immigration status1 ethnicity1 and race of the individuals transporting electronic devices that were subject to a manual search1 a forensic search1 or seizure2 7#e7 the number of individuals whose electronic devices were searched or seized pursuant to the authority under section #b and were later charged with a criminal offense based on information obtained from such search or seizure2 and 7#f7 the number of individuals detained for refusing to disclose1 or provide consent to access1 the digital contents of any electronic equipment in the possession of an individual at the border1 including the length of time such individual was detained by the ,department of ,homeland ,security4 #d4 ,savings provisions ,nothing in this ,act may be construed-- 7#a7 to affect the authority of any law enforcement official to conduct any other lawful search predicated on an established exception1 other than the exception for border searches1 to the warrant requirement of the ,fourth ,amendment to the ,constitution of the ,united ,states2 or 7#b7 to require the individual subject to a search of his or her electronic device to provide any password1 passcode1 fingerprint1 faceprint1 or other biometric identifier without his or her consent1 in violation of the ,fifth ,amendment to the ,constitution of the ,united ,states4