I 
111TH CONGRESS 
1ST SESSION 
H. R. 239 
To impose requirements with regard to border searches of digital electronic 
devices and digital storage media, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 7, 2009 
Mr. ENGEL (for himself and Mr. PAUL) introduced the following bill; which 
was referred to the Committee on the Judiciary, and in addition to the 
Committee on Homeland Security, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To impose requirements with regard to border searches of 
digital electronic devices and digital storage media, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Securing our Borders 
and our Data Act of 2009’’. 
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SEC. 2. BORDER SEARCHES AND SEIZURES RELATING TO 
DIGITAL ELECTRONIC DEVICES AND MEDIA. 
(a) FUNDAMENTAL RULES.—The following rules 
shall apply to any border search or seizure relating to a 
digital electronic device or digital storage media in the pos-
session of an individual: 
(1) Except as otherwise provided in this sub-
section, no search of the digital contents of the de-
vice or media may be based on the power of the 
United States to search a person and that person’s 
possessions upon entry into the United States, un-
less that search is based on a reasonable suspicion 
regarding that person. 
(2) No seizure of the digital contents of a de-
vice or media, or of the device or media itself, may 
be based on the power of the United States to 
search a person and that person’s possessions upon 
entry into the United States, but must be based on 
some other constitutional authority to make the sei-
zure. 
(3) Any search of the digital contents of a de-
vice or media must be conducted only by officers 
who have received appropriate training, in order to 
minimize the possibility of irreparable damage to, or 
erasure of, files and the hardware itself, and must 
be conducted in the presence of a supervisor. At the 
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request of the traveler, such search shall be con-
ducted out of public view. 
(4) An individual may be required to turn on 
the device in order to demonstrate it is a working 
device. 
(b) SUPPLEMENTAL AND IMPLEMENTING RULES BY 
SECRETARY OF HOMELAND SECURITY.—The Secretary of 
Homeland Security shall— 
(1) make rules regarding border searches to 
which subsection (a) applies, detailing— 
(A) policies for protecting the integrity of 
the data; 
(B) policies for the length of time seized 
data will be stored and where and how it will 
be stored; 
(C) policies for whether the downloaded in-
formation will be shared and, if so, with what 
other governmental entities and under what cir-
cumstances; 
(D) information as to what rights an indi-
vidual has to ensure that individual’s device or 
media is returned; and 
(E) a requirement that a receipt be given 
immediately to anyone whose device or media is 
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seized with information regarding whom to call 
for information about the seizure; and 
(2) place these rules on the Department of 
Homeland Security website in a manner that makes 
them readily publicly available. 
(c) DEFINITIONS.—In this section— 
(1) the term ‘‘border search’’ means any search 
of an individual upon entry into the United States 
based on the power of the United States to search 
a person and that person’s possessions upon entry to 
the United States; 
(2) the term ‘‘digital electronic device’’ means 
any electronic device that contains digital data, in-
cluding laptops, personal digital assistants, wireless 
phones, ipods, iphones, blackberries, and digital 
cameras; and 
(3) the term ‘‘digital storage media’’ means any 
memory device that contains or may contain digital 
data. 
SEC. 3. ANNUAL STUDY AND REPORT ON SEARCHES AND 
SEIZURES OF TRAVELERS BY THE UNITED 
STATES CUSTOMS SERVICE. 
(a) STUDY.—The Commissioner of the United States 
Customs Service shall conduct an annual study of searches 
and seizures, during the prior year, of the digital contents 
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of digital electronic devices and digital storage media, and 
of seizures of such devices and media, that are based on 
the power of the United States to search or seize a person 
and that person’s possessions upon entry into the United 
States. The study shall include the number of such 
searches and seizures, the race, gender, and national ori-
gin of the travelers subject to those searches, the type of 
searches conducted, and the results of the searches. 
(b) REPORT.—Not later than March 31 of each year, 
the Commissioner of the Customs Service shall submit to 
the Congress the annual report containing the results of 
the study conducted under subsection (a) for the prior 
year. 
Æ 
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