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When new congressional rules, the Security and Development Cooperation Enhancement Act (or SDCEA) of 2009, took effect, they included a provision enabling CIS to access someone else travelers information from social media in order to learn about the traveler, provided it was someone related to the person trying to enter the United States. footnote82_emkvx7o 82 SDCEA of 2009, Pub. L. No. 111-23, 123 Stat. 1671 (2009). Unfortunately, this existing law was not yet subject to congressional review.footnote83_ekohir1 83 Ibid., 124 Stat. 2426 (2010). Thus, when social media accounts of travelers were accessed in an immigration enforcement context, the information drawn from the accounts could not be reviewed by Congress, the courts, or the general public. footnote84_y8j10s5 84 The law requires that once CIS possesses another traveler information, including information from a social media account, it has 30 days to either contact the traveler about the information or request that DHS notify the traveler of the information. footnote85_mgu30l9 85 Ibid., 2382. The law also requires that CIS report to Congress the number of electronic device searches that have been conducted (i.e. not just the number of people searched) and the number of agents, officers, and people involved in the searches. footnotes86_n2z4k66 86 SDCEA of 2009, 2382. This reporting requirement remains operative to date; it also remains unclear what sort of oversight, if any, the Secretary of State and the Secretary of Homeland Security will have over DHS agencies access to travelers information through CIS.footnote87_9hr11k3 88 See SDCEA of 2009, 2428.
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