count information, in the custody or control of 
the Governmental entity; 
(B) may not disclose the digital contents 
or online account information, or any informa-
tion directly or indirectly derived from the dig-
ital contents or online account information, to 
any other Governmental entity or a State or 
local government; and 
(C) shall notify the United States person 
that any copy of the digital contents or online 
account information, and any information di-
rectly or indirectly derived from the digital con-
tents or online account information, has been 
destroyed. 
(e) RECORDKEEPING.—A Governmental entity shall 
keep a record of each instance in which the Governmental 
entity obtains access to the digital contents of electronic 
equipment belonging to or in the possession of an indi-
vidual at the border, the digital contents of an online ac-
count of an individual who is at the border, or online ac-
count information of an individual who is at the border, 
which shall include— 
(1) the reason for the access; 
(2) the nationality, immigration status, and ad-
mission category of the individual; 
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(3) the nature and extent of the access; 
(4) if the access was consensual, how and to 
what the individual consented, and what the indi-
vidual provided by consent; 
(5) whether electronic equipment of the indi-
vidual was seized; 
(6) whether the Governmental entity made a 
copy of all or a portion of the digital contents or on-
line account information, or any information directly 
or indirectly derived from the digital contents or on-
line account information; and 
(7) whether the digital contents or online ac-
count information, or any information directly or in-
directly derived from the digital contents or online 
account information, was shared with another Gov-
ernmental entity or a State or local government. 
SEC. 5. LIMITS ON USE OF DIGITAL CONTENTS AS EVI-
DENCE. 
(a) IN GENERAL.—Whenever any digital contents or 
online account information have been obtained in violation 
of this Act, no part of the digital contents or online ac-
count information and no evidence derived therefrom may 
be received in evidence in any trial, hearing, or other pro-
ceeding (including any proceeding relating to the immigra-
tion laws, as defined in section 101(a) of the Immigration 
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and Nationality Act (8 U.S.C. 1101(a))) in or before any 
court, grand jury, department, officer, agency, regulatory 
body, legislative committee, or other authority of the 
United States, a State, or a political subdivision thereof. 
(b) APPLICATION.—To the maximum extent prac-
ticable, the limitations under subsection (a) shall be ap-
plied in the same manner as the limitations under section 
2515 of title 18, United States Code. 
SEC. 6. LIMITS ON SEIZURE OF ELECTRONIC EQUIPMENT. 
A Governmental entity may not seize any electronic 
equipment belonging to or in the possession of a United 
States person at the border unless there is probable cause 
to believe that the electronic equipment contains informa-
tion that is relevant to an allegation that the United 
States person has committed a felony. 
SEC. 7. AUDIT AND REPORTING REQUIREMENTS. 
In March of each year, the Secretary of Homeland 
Security shall submit to Congress and make publicly avail-
able on the website of the Department of Homeland Secu-
rity a report that includes the following: 
(1) The number of times during the previous 
year that an officer or employee of the Department 
of Homeland Security did each of the following: 
(A) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
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session of or the digital contents of an online 
account of a United States person at the border 
pursuant to a warrant supported by probable 
cause issued using the procedures described in 
the Federal Rules of Criminal Procedure by a 
court of competent jurisdiction. 
(B) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of a United States person at the border 
pursuant to the emergency authority under sec-
tion 5(b). 
(C) Requested consent to access the digital 
contents of any electronic equipment belonging 
to or in the possession of, the digital contents 
of an online account of, or online account infor-
mation of a United States person at the border. 
(D) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of a 
United States person at the border pursuant to 
written consent provided in accordance with 
section 5(c). 
(E) Requested a United States person at 
the border consensually disclose an access cre-
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dential that would enable access to the digital 
contents of electronic equipment or the digital 
contents of an online account of the United 
States person. 
(F) Accessed the digital contents of elec-
tronic equipment or the digital contents of an 
online account of a United States person at the 
border using an access credential pursuant to 
written consent provided in accordance with 
section 5(c). 
(G) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of a 
United States person at the border in a manner 
that was not in accordance with section 5. 
(H) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of, the digital contents of an online ac-
count of, or online account information of an 
individual who is not a United States person at 
the border. 
(I) Accessed the digital contents of any 
electronic equipment belonging to or in the pos-
session of an individual at the border, the dig-
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ital contents of an online account of an indi-
vidual at the border, or online account informa-
tion of an individual at the border (regardless 
of whether the individual is a United States 
person) at the request of a Governmental entity 
(including another component of the Depart-
ment of Homeland Security) that is not the 
Governmental entity employing the individual 
accessing the digital contents or online account 
information. 
(2) Aggregate data on— 
(A) the number of United States persons 
for which a Governmental entity obtains access 
to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the United States person at the 
border; 
(ii) the digital contents of an online 
account of the United States person while 
at the border; or 
(iii) online account information of the 
United States person while at the border; 
(B) the country from which United States 
persons departed most recently before arriving 
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in the United States for the United States per-
sons for which a Governmental entity obtains 
access to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the United States person at the 
border; 
(ii) the digital contents of an online 
account of the United States person while 
at the border; or 
(iii) online account information of the 
United States person while at the border; 
(C) the number and nationality of individ-
uals who are not United States persons for 
which a Governmental entity obtains access 
to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the individuals at the border; 
(ii) the digital contents of an online 
account of the individuals while at the bor-
der; or 
(iii) online account information of the 
individuals while at the border; and 
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(D) the country from which individuals 
who are not United States persons departed 
most recently before arriving in the United 
States for the individuals for which a Govern-
mental entity obtains access to— 
(i) the digital contents of electronic 
equipment belonging to or in the posses-
sion of the individuals at the border; 
(ii) the digital contents of an online 
account of the individuals while at the bor-
der; or 
(iii) online account information of the 
individuals while at the border. 
(3) Aggregate data regarding the perceived race 
and ethnicity of individuals for whom a Govern-
mental entity obtains access to— 
(A) the digital contents of electronic equip-
ment belonging to or in the possession of the 
individuals at the border; 
(B) the digital contents of an online ac-
count of the individuals while at the border; or 
(C) online account information of the indi-
viduals while at the border. 
SEC. 8. SAVINGS PROVISIONS. 
Nothing in this Act shall be construed to— 
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(1) prohibit a Governmental entity from con-
ducting an inspection of the external physical com-
ponents of the electronic equipment to determine the 
presence or absence of weapons or contraband with-
out a warrant, including activating or attempting to 
activate an object that appears to be electronic 
equipment to verify that the object is electronic 
equipment; or 
(2) limit the authority of a Governmental entity 
under the Foreign Intelligence Surveillance Act of 
1978 (50 U.S.C. 1801 et seq.). 
Æ 
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