Bill > HR2604

This bill aims to protect the digital privacy of United States persons at the border by establishing strict guidelines for government access to electronic devices, online accounts, and digital contents. The bill requires law enforcement to obtain a valid warrant supported by probable cause before accessing digital contents of electronic equipment or online accounts belonging to U.S. persons, with limited emergency exceptions for situations involving immediate danger, national security threats, or organized crime. It prohibits denying entry or exit based on a person's refusal to provide access credentials or digital contents, and limits device seizures to cases with probable cause of a felony. The bill mandates that any improperly obtained digital information must be immediately destroyed and cannot be used as evidence in any proceeding. Additionally, the Department of Homeland Security must submit an annual public report detailing the number and nature of digital content access instances, including aggregate data on nationality, perceived race, and ethnicity. The legislation recognizes the unique privacy interests in digital data, drawing on the Supreme Court's recognition in Riley v. California that electronic devices contain deeply personal information that requires heightened constitutional protection, and seeks to balance national security concerns with individual privacy rights.

Justice, Military Affairs and Security

https://www.congress.gov/bill/119th-congress/house-bill/2604/all-info