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The US government proposed new rules, published on Tuesday in the Federal Register, requiring visitors from 42 countries – including Australia, New Zealand, the United Kingdom, France, and Japan – to submit social media data as part of their travel authorization process. This change impacts individuals who currently do not need a visa to enter the United States.The proposal marks a significant expansion of data collection from travelers and continues a trend of tightened border security measures.
Background: ESTA and Existing Requirements
Currently, citizens of visa-exempt countries can travel to the US for tourism or business for stays of 90 days or less using the Electronic System for Travel Authorization (ESTA). While social media data has been requested on ESTA applications since 2019,providing it has been optional.The new rules would make the submission of five years’ worth of social media data mandatory.
Expanded Data Collection
Beyond social media history, the proposed rules require applicants to provide a broader range of personal information, including:
* Phone numbers from the last five years
* Email addresses from the past decade
* Personal details of family members
* Biometric information
the Department of Homeland Security (DHS) argues this expanded data collection is necessary to vet travelers and identify potential threats. according to DHS, the updated data collection will “enhance the identification of individuals who pose a risk to national security, public safety, and border security.” https://www.dhs.gov/news/2023/12/05/dhs-proposes-updated-esta-application-requirements-enhance-vetting-process
Concerns and Criticism
The proposal has drawn criticism from civil liberties groups and legal experts. some argue the measures are overly broad and could lead to discrimination. Experts, as reported by The Washington Post, suggest the enhanced vetting measures are a continuation of the Trump administrationS efforts to suppress critical online speech. https://www.washingtonpost.com/technology/2023/12/06/us-social-media-visa-rules/
Concerns have also been raised about the potential impact on events like the 2026 FIFA World Cup, co-hosted by the United States, Mexico, and Canada, with fears that potential attendees might potentially be deterred from traveling due to the invasive data requirements.
Recent Precedents
this proposal builds on previous actions taken by the Trump administration to increase scrutiny of visa applicants. In June 2023, the State Department began requiring student visa applicants to make their social media profiles public. A similar rule went into effect in December 2023 for applicants for H-1B visas, which are granted to skilled workers. https://www.state.gov/policies/visa-reciprocity/
Public Comment Period
The public has 60 days from the date of publication in the federal Register to submit comments on the proposed rule. This period allows for feedback from individuals, organizations, and stakeholders before the rule is finalized.
Key Takeaways:
* the US government is proposing to require social media data from visa-exempt tourists.
* The new rules expand data collection to include phone numbers, email addresses, family details, and biometric information.
* The proposal has sparked concerns about privacy, discrimination, and potential impacts on major events.
* A 60-day public comment period is underway.
this proposal reflects a broader trend towards increased security measures and data collection in the context of international travel. The outcome of the public comment period and any subsequent revisions to the rule will be crucial in determining the future of travel authorization for visa-exempt visitors to the United States.