Official Summary

7/31/2008--Introduced.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)

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Official Summary

7/31/2008--Introduced.
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.


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