Since 2016, the US government has been hitting up travelers for their social media details.
Now, it wants more. A lot more, as in five years of social media history.
The request is now an optional field concocted by the Department of Homeland Security’s (DHS) Customs and Border Protection (CBP) agency in spite of being scorned/loathed/ridiculed by those who’ve pointed out that…
- “Nefarious” people don’t share their cunning plans for terrorist attacks on social media (with at least one notable exception).
- Nothing would stop evil-doers from lying about their social media presence or providing fake account names or even framing others by providing their targets’ social media handles (besides the fact that lying to the federal government is illegal).
- Rights groups and civil liberties organizations call it “highly invasive” and “ineffective”.
- Agents don’t typically mention that filling out something on a form is “optional”.
- Many travelers are intimidated enough to assume they’ll look suspicious if they don’t fill everything out, and/or come from countries where “optional” really means “mandatory”.
- “Optional” is just a stepping stone to “mandatory.”
So yes, about that last item, the stepping stone. The Trump administration hasn’t gotten rid of the “optional” part, though current Trump chief of staff John F. Kelly told Congress last year that he wanted DHS (he was DHS secretary at the time) to demand social media logins and passwords from potential immigrants coming from seven Muslim-majority nations.
Kelly’s request hasn’t gone anywhere, but now the Trump administration has proposed to make that stepping stone a whole lot bigger.
On Friday, the State Department proposed expanding the current request for social media information, currently required to apply for an immigrant visa. You can read its proposal here on the Federal Register.
If, after at least one 60-day public comment period, the proposal does go into effect, an estimated 14 million non-immigrant visa applicants per year would be asked to list their social media “identifiers” from multiple popular social media platforms during the five years preceding the date they apply for a non-immigrant visa.
They’ll also be given the “option” of providing information from social media platforms that they’ve used in the past five years besides those on the State Department’s list. The department is also looking to collect telephone numbers, email addresses and international travel for the previous five years, whether the applicant has been deported or removed from any country, and whether specified family members have been involved in terrorist activities.
The New York Times claims that the State Department’s list has 20 social platforms, including US-based Facebook, Flickr, Google+, Instagram, LinkedIn, Myspace, Pinterest, Reddit, Tumblr, Twitter, Vine and YouTube. It also lists platforms based overseas: the Chinese sites Douban, QQ, Sina Weibo, Tencent Weibo and Youku; the Russian social network VK; Twoo, which was created in Belgium; and Ask.fm, a question-and-answer platform based in Latvia.
Citizens from those countries to which the United States ordinarily grants visa-free travel, including Australia, Britain, Canada, France, Germany, Japan and South Korea, would be exempt from the new rules. In addition, visitors traveling on diplomatic and official visas will “mostly” be exempted, according to the NYT.
The plan was greeted, once again, with criticism.
Anil Kalhan, an associate professor of law at Drexel University who works on immigration and international human rights, called it “unnecessarily intrusive and beyond ridiculous” on Twitter.
https://twitter.com/kalhan/status/979703782975123457
The NYT quoted Hina Shamsi, director of the American Civil Liberties Union’s National Security Project:
This attempt to collect a massive amount of information on the social media activity of millions of visa applicants is yet another ineffective and deeply problematic Trump administration plan. It will infringe on the rights of immigrants and U.S. citizens by chilling freedom of speech and association, particularly because people will now have to wonder if what they say online will be misconstrued or misunderstood by a government official.
The State Department said in a statement that the proposal is one way to fight “emerging threats.”
Maintaining robust screening standards for visa applicants is a dynamic practice that must adapt to emerging threats. We already request limited contact information, travel history, family member information, and previous addresses from all visa applicants. Collecting this additional information from visa applicants will strengthen our process for vetting these applicants and confirming their identity.
The State Department is accepting comments up until 29 May. If you’d like to give the government your thoughts on the proposal, you can share them and your rationale at the regulations comment page.
Mahhn
Here’s a hint for the government: If you have to ask people for information, it can’t be trusted. Just like when we ask the government for information, it’s because it isn’t trustworthy.
mike@gmail.com
Anyone having an issue with this, should remember that international migration is a privilege not a right, and that some of the recent tragedies in the US could have been prevented by some social media awareness.
dieselbug
By some, I presume you mean hardly any. Las Vegas, Parkland, Orlando, Sutherland Springs, Fort Lauderdale, Lincoln County, etc, etc, etc – al US citizens. San Bernardino? One US ctiizen (the man) and one immigrant(the woman). Sorry, but facts don’t back up your claims. Like everything else spouted by Faux News, InfoWars, etc, etc.
RMc-Canada
its beyond me why anyone in their right-mind would want to willingly go to that cesspool of death & destructing in the first place!?!…
mike@gmail.com
Coming from a Canadian, that’s rich. Canada is definitely one of the strictest countries to travel internationally to…
Mahhn
lol you watch to much TV. Real life is not represented.
If I was to judge Canada by what I see on TV, I would think it was all Trailerpark boys, hockey snow all year, and strip clubs. But I have friends there, have visited multiple times, so I know better.
Verdon
nah, where I live it’s pretty much all hockey, snow, and trailer park boys ;-)
Laurence Marks
What? Not MySpace?
R. Dale Barrow
And GeoCities too? :)
Greybeard
As a corollary, US citizens should be happy to provide all of that to ANY foreign government whose territory they plan to transit?
Paul Ducklin
If they want a visa, yes.
I suspect you will find that the data collection process used by US immigration is not enormously different from other countries in the developed world. Try applying for a UK visa and see how much information is requested, for example. Or try applying to Oz, where the immigration department is authorised to request personal data about you that is off-limits for collection once you are inside the country (spent criminal convictions, for example).
That’s the way it works. No one is forcing you to cross the border, after all. Indeed, you’re unlikely to enter any of the US, the UK or Oz by mistake. It’s usually fairly obvious that you are approaching the border. In the UK, there’s typically a giant sign at your point of entry, saying, “UK Border” in enormous letters :-)
Tattooed Mummy (@tattooed_mummy)
“no one is forcing you to cross the border” indeed they are not, they are doing a pretty good job of ensuring I never go there again. Ah well, lot’s of places still left to visit…and spend money in.
Paul Ducklin
To be fair here, it seems that if you aren’t trying to migrate you don’t actually need to provide this information to get a visa, and if you are from a longish list of countries (seems to the EU plus a bunch of others including Japan, Taiwan, South Korea, Singapore, Oz, NZ) you don’t even need a visa.
Personally, I wish they didn’t ask this sort of question… but I suspect that many of the countries on the US visa waiver list are more similar than different when processing visa applications from foreigners. I live in the UK and I’ve heard people here get really vitriolic about US visa regulations – even though they can’t usefully compare the US rules with their own because they don’t need, and indeed cannot apply for, a visa to enter the UK.
Remember the saying about “never judge someone until you’ve walked a mile in their moccasins”? Sometimes, a more apposite version is “never judge someone until you’ve walked a mile *in your own moccasins*” :-)
DC
Nice work US. Keep doing this “great” job on harassing non-US citizens. Meanwhile I will get my money and go elsewhere, where my rights on privacy are respected and my money needed.
Mahhn
lol, where is that?
TonyG
With a noticeable difference between US English and UK English, amongst others, which is the cause of confusion, mistakes and merriment on occasions, how can we be sure that incorrect interpretations will not be placed on what are harmless comments?
One that springs to mind is a northern UK comedian who was touring the US and out in the west, and was asked by someone what he fancied to eat and replied with “I could right murder a bloody Indian” – meaning of course he fancied a curry, not that he planned to carry out a deadly act.
Still, it is only a modern variation on the question they had in the 1980s – “have you or any member of your family ever been a member of the Communist Party?”. The scope of family was not defined, so it was not possible to answer it with absolute certainty.
hotdoge3
how will I get on as I have no social media only gmail will that do ?
Paul Ducklin
It’s not compulsory to answer if you are just visiting, and “no social media” is a perfectly valid answer.
Of course, if you are lying and tht gets noticed, you might have trouble next time you try to visit the US, but that’s true in respect of any lie you tell to an immigration official in any country.
dompetpokerr
thanks for the information