Congress should pass the “Protecting Data at the Border Act” to extend constitutional protections against unwarranted searches of digital devices to apply to travelers at border crossings.

To Do: Prevent Unwarranted Searches of Digital Devices at Border Crossings

Congress should require that law enforcement obtain a probable-cause warrant to access communications cloud service providers store.

To Do: Require Probable Cause to Access Communications Stored in the Cloud

Congress should establish a warrant requirement to track the movements of individuals by any means, including with facial recognition systems, mobile phones, GPS trackers, or license plate readers.

To Do: Require a Warrant to Track Individuals’ Movements

To Do: Require a Warrant to Track Individuals' Movements

Congress should examine whether U.S. courts can better balance the interests of individuals and the state by allowing law enforcement to hold suspects in contempt of court when they refuse to disclose encryption keys for their secured data.

To Do: Hold Suspects in Contempt of Court When They Refuse to Disclose Encryption Keys for Secured Data

Congress should reform the Electronic Communications Privacy Act (ECPA) to ensure citizens have a right to privacy for electronic data whether it is stored on a device or remotely in the cloud.

To Do: Reform ECPA to Ensure Privacy Rights Apply to the Cloud

It is increasingly common at the border for federal agents to demand that U.S. citizens hand over their smartphones and security passwords. Congress should step in and ensure these devices are subject to a higher level of legal protection.

Digital Rights Don’t Stop at the Border

Digital Rights Don't Stop at the Border

If privacy advocates get their way, getting an oil change will involve as much legal paperwork as going to the doctor. As Alan McQuinn writes for The Hill, this is not the future most consumers want.

Privacy Advocates are Wrong on Connected Cars

Congress should pass legislation requiring that all states collect corporate beneficial-ownership data and make it easily accessible to regulators and the public by publishing it online in open and machine-readable formats.

To Do: Require Corporate Data Transparency

Congress should pass legislation to create a national privacy framework that streamlines regulation, preempts state laws, establishes basic consumer data rights, and minimizes the impact on innovation.

To Do: Disallow Warrantless Digital Car Searches

Recommendation

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Editors’ Recommendations

Congress Should Close the Loophole Allowing Warrantless Digital Car Searches

Related

To Do: Prevent Unwarranted Searches of Digital Devices at Border Crossings

To Do: Require Probable Cause to Access Communications Stored in the Cloud

To Do: Require a Warrant to Track Individuals’ Movements