US Visitors May Have to Hand Over Social Media Passwords: DHS (nbcnews.com)

People who want to visit the United States could be asked to hand over their social-media passwords to officials as part of enhanced security checks, the country's top domestic security chief said. From a report on NBC: Homeland Security Secretary John Kelly told Congress on Tuesday the measure was one of several being considered to vet refugees and visa applicants from seven Muslim-majority countries. "We want to get on their social media, with passwords: What do you do, what do you say?" he told the House Homeland Security Committee. "If they don't want to cooperate then you don't come in."

Comments

Against TOS

[Anonymous Coward]

At least with FB it's against the TOS, and if you sign on from an unfamiliar IP, it would try other challenges to validate your identity.

Re:Against TOS

[Kagato]

Because it's against the TOS, it's against the Computer Fraud and Abuse Act. CBP is asking people to commit a felony. The United States Court of Appeals held just last year that sharing password and allowing access contrary to the TOS is a violation. There are people in PRISON right now for commit this crime. I would not recommend doing it and Facebook should make a statement that what DHS is proposing is against the law.

If DHS wants to do this they need to ask congress to add an exemption to the CFAA.

Re:Against TOS

[Anonymous Coward]

the far left

Apart from your generally valid statement on outright ignorance, the target group you selected above is laughable in its absurdity.

There is no "far left" with any voice to speak of in the US.

There is - at most - something which could be called moderate center, but that's a tiny minority. The vast majority of all politics in the US, as viewed from a global perspective, is in the spectrum from right-wing, via very right-wing to ludicrously right-wing.

I would say that the outright ignorance of almost all loud-mouth politically opinionated mouth-breathers in the US is ridiculous. That goes for D as well as R sympathizers in equal measure.

Your lack of perspective should be cause for concern on your behalf.

Re:Against TOS

[retchdog]

this wouldn't be a search; it would be a compulsion to divulge information, which would then be used to assist in searching for something which isn't at the border.

additionally, like most universal claims, what you're saying is obviously false if read literally. for example, i don't think the courts would find it reasonable to conduct a mass cavity search in the lobby of an airport, on all debarking passengers from Syria (or wherever).

Re:Against TOS

[Anonymous Coward]

First of all, the border search exception is NOT absolute and has never been claimed to be absolute.

Secondly, the whole point of GP is that an absolute border search exception, or even the border search exception we "have", would be in direct conflict with the Fourth Amendment. A judge, or even a bunch of judges, deciding to "consider" something reasonable does not make it reasonable.

WTF?

[Calydor]

I can imagine Facebook, Twitter etc. blowing up over this.

Besides, if they get password access how can they use ANYTHING they find as evidence of anything? They've got WRITE access, for crying out loud! The evidence chain isn't just poisoned, it's rotted right through.

Re:WTF?

[The-Ixian]

I think it is fine as long as all other countries ask for traveling American's passwords.

Just wait for that blow-up

Re:WTF?

[ooloorie]

What a waste of time and resources, and a completely unnecessary invasion of privacy.

This only applies to the seven banned countries, countries that don't have reliable records.

If you travel to the US from Europe, the US requests your police, financial, and surveillance records from your home country. In that case, they don't need your social media accounts, because that contains everything from your political affiliations to the terms of endearment you use with your Swedish mistress.

If you travel to the US from a place like Somalia, the US can't get any reliable official records on you. By default, that means you won't get admitted. The US immigration system is offering to look at your social media accounts to see whether they show enough stability, financial resources, family connections, etc. to still admit you.

Think of immigration like a mortgage: you only get it if you can prove that you are good for it, and social media is another option for establishing that you are (in fact, both for immigration and mortgages). Frankly, I think it's a bad idea, but it is intended to help people.

The message this sends

[rossdee]

USA doesn't want tourists visiting the country
or business people doing trade deals

Re:The message this sends

[thegarbz]

To be fair that's been the message for a long time. There's few countries I dread visiting, and the USA is one of them. I remember my last business trip clearly.

"Welcome to the United States of America" it said in the customs area of the airport. I got to stare at that shitty sign for 3 hours as a single customs man took his time individually fingerprinting and questioning the thousand visitors queued up.

America is a lovely place and the people are lovely and friendly. But I still dread actually clearing customs in that area and I say that as a white ordinary privileged man.

Profit motive will keep us safe (probably)

[sjbe]

I'm not surprised DHS is "considering" something like this. Certain gestapo elements in our government always are trying thuggish and ill considered tactics to make their lives easier. This is plainly a stupid and counterproductive idea to anyone with a functioning brain but the danger is real enough. The good news is that the companies affected (Facebook, Twitter, etc) have lots of money and flesh eating lawyers to fight such an over-reach by the government. I don't generally trust Facebook but I do trust their profit motive and DHS forcing people to hand over passwords is a clear and present danger to their bottom line.

Read-only password needed

[QuietLagoon]

If this behavior is permitted, then the social media sites need to start implementing read-only passwords for account. It is one thing to allow the US government to see everything n your account, and all your friend's accounts. It is an entirely different thing to allow the US government to act on your behalf with your account.

Asking People To Commit a Felony

[Kagato]

Most social networks (like Facebook) expressly forbid sharing passwords or allowing others to use your account. Because that's the policy it becomes a Felony according to the Computer Fraud and Abuse Act (CFAA). The United States Court of Appeals has affirmed sharing accounts contrary to the TOS is a violation of the CFAA and there are people in PRISON as we speak for doing just that.

I would contend that you cannot be compelled to commit a felony by a agent of the United States. If DHS wants this power they need to have the CFAA amended to grant them an exemption.

Re:What's stopping other countries?

[The-Ixian]

I would love to see this happen.

Just wait for the entitled Americans to cry to their government reps about how they are being treated like garbage.

How is data "at the border"?

[Comboman]

How exactly is data sitting on a server in silicon valley "at the border" just because the person who created that data is at the border? By that logic, you can search their car, house, workplace and bank account without a warrant as long as they are standing at the border when you do it.