Securing Our Borders and Our Data Act of 2008

Bill: 110-hr-6702
Sponsor: Rep. Engel, Eliot L. [D-NY-17]
Introduced: 2008-07-31 in the House
Policy area: Law
Subjects: Administrative procedure
Cameras
Civil Rights and Liberties, Minority Issues
Computers
Congress
Congressional reporting requirements
Constitutional law
Crime and Law Enforcement
Customs administration
Department of Homeland Security
Electronics
Evidence (Law)
Federal law enforcement officers
Foreign Trade and International Finance
Government Operations and Politics
Government publicity
Governmental investigations
Labor and Employment
Police training
Right of privacy
Science, Technology, Communications
Searches and seizures
Wireless communication

Summary:
action_date: 2008-07-31
text: 
Securing Our Borders and Our Data Act of 2008 - Sets forth rules for the search or seizure at a U.S. border of digital electronic devices or digital storage media. Prohibits a search of the digital contents of such devices or media unless such search is based on: (1) a reasonable suspicion regarding the owner of such devices or media; and (2) an independent constitutional authority to make a seizure (other than the authority for border searches). 

Requires officers at U.S. borders to receive appropriate training to make searches of digital devices or media to minimize the possibility of irreparable damage to such devices or media. Allows the owners of such devices and media to request that searches be conducted out of public view. 

Requires the Secretary of Homeland Security to: (1) make rules regarding border searches of digital devices and storage media, including rules to protect the integrity of digital data, for the retrieval of seized devices or media by owners, and for sharing such data with other governmental agencies; and (2) publish such rules on the Department of Homeland Security (DHS) website. 

Requires the Commissioner of U.S. Customs and Border Protection to conduct an annual study of searches and seizures of digital devices and storage media at U.S. borders and report to Congress on such study.


Legislative actions:
action_date: 2008-09-29
text: Referred to the Subcommittee on Border, Maritime, and Global Counterterrorism.
action_date: 2008-07-31
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-07-31
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-07-31
text: Referred to the Committee on the Judiciary, and in addition to the Committee on Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2008-07-31
text: Introduced in House
action_date: 2008-07-31
text: Introduced in House