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DHS Proposes Collection of Social Media Identifier For U.S. Visitors

Posted: 2:20 am ET

Via the Federal Register:

On December 18, 2015, the President signed into law the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 as part of the Consolidated Appropriations Act of 2016. To meet the requirements of this new Act, DHS strengthened the security of the VWP by enhancing the ESTA application and Form I-94W. In two recent emergency submissions under the Paperwork Reduction Act, additional questions were added to ESTA and to Form I-94W that request information from applicants about countries to which they have traveled on or after March 1, 2011; countries of which they are citizens/nationals; countries for which they hold passports; and Global Entry Numbers.

DHS proposes to add the following question to ESTA and to Form I-94W:

“Please enter information associated with your online presence—Provider/Platform—Social media identifier.” It will be an optional data field to request social media identifiers to be used for vetting purposes, as well as applicant contact information. Collecting social media data will enhance the existing investigative process and provide DHS greater clarity and visibility to possible nefarious activity and connections by providing an additional tool set which analysts and investigators may use to better analyze and investigate the case.

The information collection is optional under the proposed rule.  DHS estimates that there will be over 32 million travelers who will be  Electronic System for Travel Authorization (ESTA) respondents and nonimmigrant visa respondents entering the United States and filling out the I-94 Arrival and Departure forms.

The question we have is 1) Will the baddies be dumb enough to provide their social media identifiers if they have nefarious intent during their travels? 2) Does DHS have a system that combs through this huge haystack to find a a few needles?

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