On Tuesday , October 29, 2019, U.S. Senators Patrick Leahy and Steve Daines (R-Mont.) introduced legislation requiring the government to have reasonable suspicion or probable cause to search or seize Americans’ electronic devices at the border.
Currently at the border, U.S. Customs and Border Protection (CBP) can search through a traveler’s electronic devices without any suspicion at all. CBP officers can also request that a traveler provide their password or passcode, and seize the device if the traveler refuses.
The Leahy-Daines bill forces the government to obtain a warrant before conducting forensic searches of such devices. It also requires the Department of Homeland Security to collect statistics on these searches and seizures and report them to Congress.
“No American should have to relinquish all of their privacy rights to their cell phones, laptops and other electronic devices, simply because they are coming home from a trip abroad,” said Leahy.
“Americans do not lose their Fourth Amendment rights at our borders,” said Daines.