Protecting Data at the Border Act
The source supplies the latest action, but no lifecycle stage.
Latest action (26 Apr 2017): Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
What this bill does
H.R. 1899, the Protecting Data at the Border Act, would establish rules for how government entities can access digital information from electronic devices and online accounts of U.S. persons at the border. Generally, it would require a warrant to access the digital contents of a U.S. person's electronic equipment. It would also prohibit denying a person entry or exit for refusing to disclose access credentials or online account information, or for delaying entry to determine if a person will consent to share this information.
The bill specifies exceptions for emergency situations where an officer can access data without a warrant if they believe there's an immediate danger or a threat to national security, but they must apply for a warrant within seven days. If a warrant isn't granted, any copied data must be destroyed, and the person notified. Government entities could only make or keep copies of digital data if they have probable cause that it contains evidence of a crime.
This bill was introduced in the House of Representatives in April 2017 and was referred to the Judiciary and Homeland Security committees. Its current status is "Introduced," meaning it has not yet advanced further in the legislative process.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Protecting Data at the Border Act
This bill prohibits a governmental entity from: (1) accessing the digital contents of electronic equipment belonging to, or in the possession of, a U.S. person (person) at the border without a valid warrant; or (2) denying a person's U.S. entry or exit based on the person's refusal to disclose an access credential or in order to determine whether such person will consensually provide an access credential, access, or online account information.
A border officer may access the digital contents of electronic equipment without a warrant if the officer determines that an emergency situation exists. The officer must subsequently apply for a warrant within seven days, and if such warrant is not granted: (1) digital content copies must be destroyed, (2) digital contents or information may not be disclosed, and (3) the person shall be notified of such destruction.
A governmental entity may not make or retain a copy of the digital contents of electronic equipment, an online account, or online account information without probable cause to believe that such information contains evidence of, or constitutes the fruits of, a crime.
Unlawfully accessed information: (1) must be destroyed and the person notified of its destruction; (2) may not be disclosed; and (3) may not be received in evidence in any trial, hearing, or other proceeding.
A governmental entity shall keep a record of each instance in which it obtains access to an individual's digital information.
A governmental entity may not seize electronic equipment belonging to, or in the possession of, a person at the border without probable cause to believe that such equipment contains information relevant to a felony.
Timeline
26 Apr 2017
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Common questions
- What does H.R. 1899 do?
- H.R. 1899, the Protecting Data at the Border Act, would establish rules for how government entities can access digital information from electronic devices and online accounts of U.S. persons at the border. Generally, it would require a warrant to access the digital contents of a U.S. person's electronic equipment. It would also prohibit denying a person entry or exit for refusing to disclose access credentials or online account information, or for delaying entry to determine if a person will consent to share this information. The bill specifies exceptions for emergency situations where an officer can access data without a warrant if they believe there's an immediate danger or a threat to national security, but they must apply for a warrant within seven days. If a warrant isn't granted, any copied data must be destroyed, and the person notified. Government entities could only make or keep copies of digital data if they have probable cause that it contains evidence of a crime. This bill was introduced in the House of Representatives in April 2017 and was referred to the Judiciary and Homeland Security committees. Its current status is "Introduced," meaning it has not yet advanced further in the legislative process.
- Has H.R. 1899 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 1899. Check the latest action and official source below.
- Who sponsored H.R. 1899?
- H.R. 1899 was sponsored by Rep. Polis, Jared [D-CO-2] (D-CO), with 24 cosponsors.
- What's the latest action on H.R. 1899?
- Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (26 Apr 2017).
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