Client Alert!
The U.S. Customs and Border Protection (CBP) has proposed a new requirement that would mandate travelers entering the United States under the Visa Waiver Program (VWP) to submit up to five years of social media history as part of the Electronic System for Travel Authorization (ESTA) screening process.
This change would shift social-media disclosure from optional to mandatory for all travelers from the over 40 countries participating in the VWP. Affected countries include the United Kingdom, Australia, New Zealand, Japan, Israel, Qatar, and most European Union member states.
In addition to social-media identifiers, the proposal may also require travelers to provide other “high-value” data, including past telephone numbers (last five years), past email addresses (last ten years), IP addresses, and photo metadata. DHS has also indicated that biometric information (such as facial images or fingerprints) and certain family-member details could be requested “when feasible.”
The proposed rule has been formally published in the Federal Register, and a 60-day public comment period is now open.