The US appears to be intensifying its scrutiny of foreign visitors, raising concerns about privacy and freedom of speech. President Donald Trump’s administration has proposed a requirement for visa-exempt tourists to disclose their social media history from the past five years. While Australian leaders remain largely unperturbed, digital rights advocates are sounding alarms over potential ethical implications.
The proposal, unveiled in a notice published in the US Federal Register, targets visitors from 42 countries, including Australia, the United Kingdom, France, and Japan. These nations are part of the Visa Waiver Program, which allows their citizens to enter the US without a visa, provided they apply for an Electronic System for Travel Authorization (ESTA).
Under the new regulations, social media data collection would become mandatory for ESTA applicants. The US Customs and Border Protection agency argues that these changes align with an executive order aimed at protecting national security.
Ethical Concerns and Expert Opinions
The San Francisco-based Electronic Frontier Foundation (EFF) has voiced concerns about the appropriateness of such data requests. EFF questions whether this level of scrutiny is necessary or effective in identifying threats.
“Is this really efficacious? Is this actually helping people find terrorists?” asked Sophia Cole, a senior staff attorney at EFF. “If someone’s trying to come to the US and they’re a bona fide terrorist, usually these people are already on the US government’s radar through other more sophisticated intelligence mechanisms.”
Meanwhile, Stacey Tsui, principal solicitor at immigration firm Vialto, explained that social media vetting aims to detect threats against the US government. However, she noted that the process could be subjective, depending on the language used in posts and the discretion of border officers.
Broader Implications and Historical Context
This development follows President Trump’s pledge to execute the largest deportation campaign in US history. In the first seven months of his administration, nearly 200,000 people were deported, marking a significant increase in removals.
Historically, the ESTA program was implemented in 2008 to streamline travel for citizens of allied countries while maintaining security. The expansion of data collection requirements reflects a shift in US immigration policy priorities, focusing on broader definitions of potential threats.
Prime Minister Anthony Albanese commented on the situation, acknowledging the US’s right as a sovereign nation to set its entry rules. However, the implications for Australians traveling to the US remain uncertain.
Potential Impact on Travelers
There is uncertainty about whether social media accounts must be public or if having no social media presence could raise suspicions. This ambiguity adds to the anxiety of travelers who may already feel vulnerable under the increased scrutiny.
Earlier this year, Australian writer Alistair Kitchen was detained at Los Angeles International Airport, allegedly due to blog posts about the Middle East conflict. Although the US Department of Homeland Security denied arresting him based on political views, the incident highlights the potential risks associated with expressing controversial opinions online.
According to the Australian Bureau of Statistics, travel from Australia to the US reached its lowest point since 2019 in September, with 253,220 fewer trips in 2024-25 compared to 2014-15.
Looking Ahead
As the US continues to refine its immigration policies, travelers are advised to remain informed and cautious. Immigration lawyer Stacey Tsui recommends consulting with legal experts if there are concerns about entering the US.
The ongoing debate over privacy, security, and freedom of expression underscores the complex dynamics of modern international travel. As digital footprints become increasingly scrutinized, the balance between national security and individual rights remains a contentious issue.
