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Senators Introduce Bill to Limit Device Searches at the Border

Senators Patrick Leahy (D-VT) and Steve Daines (R-MT) have introduced a bill that would place restrictions on searches and seizures of electronic devices at the border. The bill sets out detailed procedures for seizing electronic devices, including a warrant requirement prior to inspection of the device, data minimization, and exclusion of evidence that is obtained in violation of the Act. The bill also establishes reporting requirements to determine the scope and frequency of device searches. Senator Leahy stated that "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." The bill would also require a warrant to use software to analyze seized electronic devices. In a statement to Congress last year, EPIC warned that enhanced surveillance at the border will impact citizens' rights.

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