About the bill
If you travel outside the U.S. and re-enter, customs officers have the legal right to go through the contents of your smartphone or laptop computer, order you to reveal your passwords, and download contents. New legislation would prevent that.
Warrantless seizure and examination of electronic devices by law enforcement, for both citizens and non-citizens, is almost never allowed in the U.S. absent extenuating or extreme circumstances. That’s because of the 2014 Supreme Court decision Riley v. California, which unanimously held that non-emergency warrantless searches of digital devices such as a cellphone or laptop violated the Constitution’s Fourth Amendment.
However, customs officials at the border or airports have enjoyed immunity from this warrant requirement, in the name of national security, since the very first Congress ...
Sponsor and status
Sponsor. Senior Senator for Oregon. Democrat.
Last Updated: Apr 4, 2017
Length: 22 pages
115th Congress (2017–2019)
This bill was introduced on April 4, 2017, in a previous session of Congress, but it did not receive a vote.
What legislators are saying
“Dr. Rand Paul Holds Hearing on DHS Searching Smartphones Without a Warrant”
— Sen. Rand Paul [R-KY] (Co-sponsor) on Jul 11, 2018
Apr 4, 2017
Bills and resolutions are referred to committees which debate the bill before possibly sending it on to the whole chamber.
Sep 26, 2018
Considered by Senate Committee on Homeland Security and Governmental Affairs
A committee held a hearing or business meeting about the bill.
May 22, 2019
Reintroduced Bill — Introduced
This activity took place on a related bill, S. 1606.
S. 823 (115th) was a bill in the United States Congress.
A bill must be passed by both the House and Senate in identical form and then be signed by the President to become law.
Bills numbers restart every two years. That means there are other bills with the number S. 823. This is the one from the 115th Congress.
This bill was introduced in the 115th Congress, which met from Jan 3, 2017 to Jan 3, 2019. Legislation not enacted by the end of a Congress is cleared from the books.
How to cite this information.
We recommend the following MLA-formatted citation when using the information you see here in academic work:
GovTrack.us. (2020). S. 823 — 115th Congress: Protecting Data at the Border Act. Retrieved from https://www.govtrack.us/congress/bills/115/s823
“S. 823 — 115th Congress: Protecting Data at the Border Act.” www.GovTrack.us. 2017. December 3, 2020 <https://www.govtrack.us/congress/bills/115/s823>
Protecting Data at the Border Act, S. 823, 115th Cong. (2017).
|title=S. 823 (115th)
|accessdate=December 3, 2020
|author=115th Congress (2017)
|date=April 4, 2017
|quote=Protecting Data at the Border Act
Where is this information from?
GovTrack automatically collects legislative information from a variety of governmental and non-governmental sources. This page is sourced primarily from Congress.gov, the official portal of the United States Congress. Congress.gov is generally updated one day after events occur, and so legislative activity shown here may be one day behind. Data via the congress project.