Advocacy Groups And Legal Experts Denounce DHS Proposal Requiring Travelers To Disclose Social Media Credentials
Several dozen human rights organizations, civil liberties advocates, and legal experts published an open letter on February 21,2017 condemning a proposal by the U.S. Department of Homeland Security to require the social media credentials (e.g., usernames and passwords) of all travelers from majority-Muslim countries. This letter was sent after testimony before Congress by Homeland Security Secretary John Kelly. NBC News reported on February 8:
"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."
His comments came the same day judges heard arguments over President Donald Trump's executive order temporarily barring entry to most refugees and travelers from Syria, Iraq, Iran, Somalia, Sudan, Libya and Yemen. Kelly, a Trump appointee, stressed that asking for people's passwords was just one of "the things that we're thinking about" and that none of the suggestions were concrete."
The letter, available at the Center For Democracy & Technology (CDT) website, stated in part (bold emphasis added):
"The undersigned coalition of human rights and civil liberties organizations, trade associations, and experts in security, technology, and the law expresses deep concern about the comments made by Secretary John Kelly at the House Homeland Security Committee hearing on February 7th, 2017, suggesting the Department of Homeland Security could require non-citizens to provide the passwords to their social media accounts as a condition of entering the country.
We recognize the important role that DHS plays in protecting the United States’ borders and the challenges it faces in keeping the U.S. safe, but demanding passwords or other account credentials without cause will fail to increase the security of U.S. citizens and is a direct assault on fundamental rights.
This proposal would enable border officials to invade people’s privacy by examining years of private emails, texts, and messages. It would expose travelers and everyone in their social networks, including potentially millions of U.S. citizens, to excessive, unjustified scrutiny. And it would discourage people from using online services or taking their devices with them while traveling, and would discourage travel for business, tourism, and journalism."
The letter was signed by about 75 organizations and individuals, including the American Civil Liberties Union, the American Library Association, the American Society of Journalists & Authors, the American Society of News Editors, Americans for Immigrant Justice, the Brennan Center for Justice at NYU School of Law, Electronic Frontier Foundation, Human Rights Watch, Immigrant Legal Resource Center, National Hispanic Media Coalition, Public Citizen, Reporters Without Borders, the World Privacy Forum, and many more.
The letter is also available here (Adobe PDF).