US Travel Plans Spark Privacy Concerns for Australians
Australians planning a trip to the United States may soon face extended processing times and significant privacy incursions, according to an international law expert. This comes as the US proposes a new requirement for tourists to disclose five years of their social media history to border officials.
Professor Donald Rothwell from the Australian National University has highlighted that individuals who have voiced criticism of the US government are particularly vulnerable. "The people most affected are those who are very active on social media, especially politically active individuals or those who've expressed criticism of US domestic or international policies," Professor Rothwell stated. He added that the implications are far-reaching due to the widespread use of social media.
The proposed measure, put forth by US Customs and Border Protection (CBP), would impact travellers from Australia and 41 other countries that currently benefit from visa-exempt status. This includes nations like New Zealand, the United Kingdom, France, and Japan.
While providing social media history has been a mandatory requirement for those applying for standard tourist visas since 2019, travellers from visa-exempt countries have, until now, been able to bypass this through the Electronic System for Travel Authorization (ESTA). For ESTA applications, the disclosure of social media accounts has always been an optional field.
Judy Skeat, a traveller who learned of the proposal at Brisbane Airport, expressed her dismay. She stated that the potential need to reveal her social media past, coupled with reports of individuals being unfairly detained, has convinced her to steer clear of visiting the US.
"I wouldn't go to the States," Ms Skeat declared. "I think it's intrusive, and it's dangerous, and I wouldn't go. I've probably got some dodgy posts about Donald Trump of my own, and I don't want to get a burner phone to avoid that. I want to be able to say what I think." She added, "I'm absolutely sure that fewer Australians are going to go, but I'm hoping that will all change at the next election."
Professor Rothwell believes the proposal is "very likely to be adopted." He raised immediate concerns about the impact on applicants' privacy. "Applicants are effectively waiving their rights to privacy when they apply for an ESTA, and as non-US citizens, they don't have freedoms of speech under US law," he explained. Professor Rothwell advised Australians to "be cautious" about their online commentary concerning the US, noting that "Removing yourself from social media now doesn't erase what was posted five years ago."
What the Proposed Changes Entail
Currently, travellers from visa-waiver countries are required to submit basic contact information, including their residential address, phone number, email address, and emergency contact details, along with a $40 application fee.
Under the new proposals, applicants could be asked to provide a comprehensive list of all phone numbers they have used over the past five years, all email addresses from the last decade, and extensive details about their immediate family members. This includes their full names, dates and places of birth, and current residential addresses.
It's worth noting that a question regarding social media information was initially added to the ESTA application in 2016, but it was explicitly marked as "optional." The new proposal would mandate the disclosure of five years of social media activity.
The CBP website currently states, "If an applicant does not answer the question or simply does not hold a social media account, the ESTA application can still be submitted without a negative interpretation or inference." However, the proposed changes would alter this stance significantly.
US Customs and Border Protection Justifies Policy Push
In a statement, a spokesperson for US Customs and Border Protection (CBP) clarified that the proposal is not a finalised rule and no changes have yet been implemented for travellers entering the United States.
"It is simply the first step in starting a discussion to have new policy options to keep the American people safe," the spokeswoman said. "The department is constantly looking at how we vet those coming into the country, especially after the terrorist attack in Washington DC against our National Guard right before Thanksgiving."
Responding to the reports, Australian Prime Minister Anthony Albanese acknowledged that the United States is a sovereign nation and "had a right to set the rules which are there." He directed attention to the government's SmartTraveller website, which offers guidance on international travel expectations. However, he declined to comment on whether Australia harboured concerns about the proposed changes, stating, "This is a decision that the United States is making; we recognise that."
The public has a 60-day window to submit comments on the proposal.
A Trend Towards Increased Scrutiny
The Trump administration has progressively tightened entry restrictions into the United States over the past year as part of a broader crackdown on both legal and illegal immigration.
In June, student visa applicants were instructed to make their social media profiles public to facilitate closer scrutiny by US officials evaluating their applications. This same rule was set to come into effect for H-1B skilled worker visa applicants the following Monday.
In a separate incident in June, the US government denied reports that it had arrested Australian writer Alistair Kitchen due to his political beliefs. The official explanation was that he was denied entry at the border for providing false information on an entry form. Mr. Kitchen, however, claimed he was refused entry after being questioned extensively about his views on the Gaza conflict and articles he had written concerning pro-Palestinian protests.
Earlier this year, Melbourne resident Pauline Ryan recounted her experience of being patted down, fingerprinted, and taken to a holding area. She was informed by border officials that her ESTA was invalid due to a previous trip to Iran in 2013, which she had declared.
In October, the Trump administration introduced an additional $250 visa fee, applicable to travellers from countries such as Brazil, China, India, and Mexico – none of which are part of the visa waiver program. These measures collectively indicate a growing trend of enhanced screening for individuals seeking to enter the United States.
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