A bill to place restrictions on searches and seizures of electronic devices at the border.
The source supplies the latest action, but no lifecycle stage.
Latest action (24 Oct 2019): Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
What this bill does
This bill proposes to change how U.S. Customs and Border Protection (CBP) officials can search and seize electronic devices like smartphones and laptops at the international border. It outlines specific conditions for performing "manual searches," which are simpler examinations done without specialized tools or passwords, and for "forensic searches," which involve more advanced methods.
Under the bill, a manual search would require reasonable suspicion that the individual is violating the law or is not allowed to enter the country, and that the device contains relevant information. Seizures would need probable cause that a violation has occurred and the device holds evidence. Forensic searches would require a warrant or court order. The bill also mandates that seized devices cannot be accessed until a warrant is secured and would require the return of devices if a warrant is not obtained within 48 hours.
The bill was introduced in the Senate in October 2019 by Senator Patrick Leahy. It has not advanced beyond its introduction and referral to a committee. If it were to move forward, it would need to be passed by the Senate and then the House of Representatives before being sent to the President.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill places restrictions on the search and seizure of electronic devices at the international border.
A Department of Homeland Security (DHS) official may conduct a manual search of a device transported by an individual at the border only if the official has a reasonable suspicion that (1) the individual is transporting goods or persons in violation of the law or is not entitled to enter the country, and (2) the device contains information relevant to the suspected violation. A DHS official may seize a device only if the official has probable cause to believe that such conditions are satisfied, or that the individual is in violation of a law punishable by more than one year and the device has information about that violation.
A manual search is one that (1) is conducted without using another electronic device, software, a password, or biometric identifier to access protected data; (2) is in the presence of the individual; and (3) does not exceed four hours. For seized devices, DHS (1) shall obtain a warrant or court order within 48 hours or return the device, and (2) may not access the device before obtaining the warrant or court order.
A forensic search is one that falls outside the definition of a manual search (e.g. one where software is used) and may not be conducted without a warrant or court order.
The bill imposes various record keeping, information retention, and reporting requirements related to the search and seizure of devices at the border.
Timeline
24 Oct 2019
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
Common questions
- What does S. 2694 do?
- This bill proposes to change how U.S. Customs and Border Protection (CBP) officials can search and seize electronic devices like smartphones and laptops at the international border. It outlines specific conditions for performing "manual searches," which are simpler examinations done without specialized tools or passwords, and for "forensic searches," which involve more advanced methods. Under the bill, a manual search would require reasonable suspicion that the individual is violating the law or is not allowed to enter the country, and that the device contains relevant information. Seizures would need probable cause that a violation has occurred and the device holds evidence. Forensic searches would require a warrant or court order. The bill also mandates that seized devices cannot be accessed until a warrant is secured and would require the return of devices if a warrant is not obtained within 48 hours. The bill was introduced in the Senate in October 2019 by Senator Patrick Leahy. It has not advanced beyond its introduction and referral to a committee. If it were to move forward, it would need to be passed by the Senate and then the House of Representatives before being sent to the President.
- Has S. 2694 become law?
- The source does not supply a confirmed lifecycle stage for S. 2694. Check the latest action and official source below.
- Who sponsored S. 2694?
- S. 2694 was sponsored by Sen. Leahy, Patrick J. [D-VT] (D-VT), with 1 cosponsor.
- What's the latest action on S. 2694?
- Read twice and referred to the Committee on Homeland Security and Governmental Affairs. (24 Oct 2019).
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