Protecting Data at the Border Act

Enhanced Privacy Protections: The bill recognizes that United States persons have a reasonable expectation of privacy in their digital contents and online presence, which differs from privacy interests in closed containers (Section 2).

Warrant Requirements: It establishes a standard that government entities may not access digital contents of electronic equipment belonging to a United States person at the border without a valid warrant supported by probable cause (Section 4(a)(1)).

Protection Against Denial of Entry/Exit: The Act prevents the government from denying a United States person entry into or exit from the country based on their refusal to disclose access credentials or provide digital access (Section 4(a)(2)).

Limits on Detention Time: It prevents the government from delaying a person's entry or exit for longer than four hours while determining if they will consensually provide access (Section 4(a)(3)).

Rules for Emergency Access: In specific emergencies involving immediate danger of death, serious injury, or threats to national security, officers may access data, but they must apply for a warrant as soon as possible (Section 4(b)(1)).

Destruction of Unlawful Data: If digital contents are accessed without a warrant under emergency authority and a warrant is not obtained, the government must destroy the data and notify the individual (Section 4(b)(1)(B)).

Protection Against Unlawful Evidence: Any digital contents or information obtained in violation of this Act cannot be used as evidence in any trial, hearing, or proceeding (Section 5).

Limits on Seizure: A government entity is prohibited from seizing electronic equipment at the border unless there is probable cause to believe the equipment contains information relevant to a felony (Section 6).

Emergency Access Exceptions: Designated law enforcement officers may access digital contents without a warrant in emergency situations involving immediate danger of death, serious physical injury, or threats to national security or organized crime (Section 4(b)(1)(A)).

Public Safety Access: Government entities may access digital contents without a warrant if the access is necessary for fire, medical, public safety, or other emergency services, provided it is unrelated to a crime investigation (Section 4(b)(2)).

Potential for Seizure: If a United States person refuses to consensually provide access, and the government has probable cause regarding a felony, they may seize the electronic equipment (Section 4(c)(1)(B)(ii)).