Ride the Lightning

Requiring Social Media Passwords as a Condition of Entry to the U.S.?

February 13, 2017

FCW reported last week that John Kelly, the new secretary of the Department of Homeland Security, testified that foreign travelers coming to the United States could be required to give up social media passwords to border officials as a condition of entry.

"We want to say, for instance, which websites do you visit, and give us your passwords, so we can see what they do on the internet," he said at a Feb. 7th House Homeland Security hearing, his first congressional hearing since his Senate confirmation. "If they don't want to give us that information, they don't come in."

DHS has already announced plans to seek social media data from travelers visiting the U.S. under the visa waiver program. That plan, first floated in June 2016, would authorize data collection of social media identifiers from travelers on the visa waiver program, which allows for visa-free travel by passport holders of more than 30 countries, mostly long-established U.S. allies and trading partners. Requesting passwords, as contemplated by General Kelly, would be a more intensive form of social media vetting.

I'll note that Facebook clearly states in its terms and conditions: "You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account."

But what's the power of a company's terms and conditions in the face of possible federal requirements like those above? The Statue of Liberty is surely hanging her head in shame.

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