By FOCUS, A Leonine Business
Data privacy at the United States border is a growing concern as travelers face increasing scrutiny from U.S. Customs and Border Patrol officers. Numerous countries have released travel advisories warning their citizens about traveling to the United States, citing many reasons including conflict over travel documents and the detainment and arrest of travelers at the borders. Following some court decisions, devices like phones and laptops have been searched without a warrant, raising questions about Fourth Amendment protections. While the government argues this is necessary for national security, privacy advocates are concerned with potential overreach and data misuse.
Legal battles continue to shape the limits of these searches, but for now, there is one bill in the U.S. Congress that seeks to address it; the “Protecting Data at the Border Act” H.R. 2604, introduced on April 2 by Senator Ted Lieu, D-California. The bill seeks to safeguard the digital privacy of U.S. persons at international borders. The bill stipulates that government entities must obtain a warrant based on probable cause before accessing the digital contents of electronic devices or online accounts belonging to U.S. persons entering or exiting the country. It defines key terms such as “electronic equipment,” “online account” and “access credential”. It also outlines procedures for lawful access to digital data at the border. The bill emphasizes the importance of protecting digital privacy rights in the context of border security but opens up the rights to “U.S. persons” not just citizens, in an attempt to offer more protections to those with green cards and other approved VISA status.
As Senator Lieu is a Democrat in the Senate where the Republicans hold a majority, and the soonest midterm elections is not until 2026, the current outlook for this bill may not look promising. Though the introduction of the Protecting Data at the Border Act does signal some legislative effort to clarify the balance between border security practices and digital privacy protections in the United States.
FOCUS will continue to monitor federal and state-level responses to data privacy concerns.
by Alexis Caswell 4/21/25