There has been much discussion in the media about various changes related to technology and data privacy. Below is a summary of some of these issues.
Data Privacy at U.S. Borders
According to Customs and Border Protection (CBP), their agents have broad authority to search all electronic devices at the border, regardless of whether you are a U.S. citizen or whether they have reason to suspect you committed a crime. As a result, the privacy expectations you have for your phone and other electronic devices that you have while living in the United States do not apply at the border or point of entry. There, agents have more authority, and you have less privacy.
Civil liberties and digital privacy groups disagree. It is a good idea to educate yourself about these issues prior to traveling outside the U.S. Helpful resources include:
- The American Immigration Lawyers Association (AILA) has "Practice Pointer" discussing CBP’s policies.
- This ACLU post about technology and privacy at borders and checkpoints provides a detailed explanation of the issues involved. The post also offers tips to prepare for a trip, including recommendations to travel with as little data and devices as possible.
- The Electronic Frontier Foundation also provides details on how to prepare for international travel in their 2017 Digital Privacy at the U.S. Border guide.
The State Department now may collect social media information from all visa applicants to the United States. In March 2018, the department issued proposals to require anyone applying for an immigrant or non-immigrant visa to provide for the last five years:
- All social media handles and social media platforms used;
- All phone numbers;
- All email addresses
- International travel; and other information.
The IRT submitted a comment letter about the proposal in May 2018.
If enacted, it would expand the collection of social media information to all visa applicants. Currently, the State Department can request the same information from certain visa applicants it has determined require additional scrutiny due to national security concerns.
Social media information has been monitored since at least 2010, although early monitoring appeared to be more targeted. Beginning in 2015, pilot programs began social media surveillance of those seeking U.S. immigration status. A year later, another pilot expanded that surveillance of those seeking non-immigrant visas. The Electronic Frontier Foundation has a history of social media surveillance.
In addition, the Department of Homeland Security is storing the social media information it collects on immigrants, including permanent residents and naturalized U.S. citizens. The data collected will be saved in a government database. It is not clear if the information will be stored indefinitely.
Privacy and national security experts express concern about the escalation of social media information collected and stored in part because it includes people who have already gone through the immigration process and become U.S. citizens. It also means anyone in contact online with an immigrant or visa applicant could have their data monitored and stored.
It is unclear whether DHS will continue to collect social media data after someone becomes a naturalized citizen, and whether that data can be used or shared after they are a citizen.