1. Short title This Act may be cited as the Protecting Data at the Border Act . 2. Findings Congress finds the following: (1) United States persons have a reasonable expectation of privacy in the digital contents of their electronic equipment, the digital contents of their online accounts, and the nature of their online presence. (2) The Supreme Court of the United States recognized in Riley v. California, 134 S. Ct. 2473 (2014) the extraordinary privacy interests in electronic equipment like cell phones. (3) The privacy interest of United States persons in the digital contents of their electronic equipment, the digital contents of their online accounts, and the nature of their online presence differs in both degree and kind from their privacy interest in closed containers. (4) Accessing the digital contents of electronic equipment, accessing the digital contents of an online account, or obtaining information regarding the nature of the online presence of a United States person entering or exiting the United States, without a lawful warrant based on probable cause, is unreasonable under the Fourth Amendment to the Constitution of the United States. 3. Scope Nothing in this Act shall be construed to— (1) prohibit a Governmental entity from conducting an inspection of the external physical components of the electronic equipment to determine the presence or absence of weapons or contraband without a warrant, including activating or attempting to activate an object that appears to be electronic equipment to verify that the object is electronic equipment; or (2) limit the authority of a Governmental entity under the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 et seq.). 4. Definitions As used in this Act— (1) the term access credential includes a username, password, PIN number, fingerprint, or biometric indicator; (2) the term border means the international border of the United States and the functional equivalent of such border