The obligation to share our social history of the last 5 years with the US authorities, if the proposal under discussion is approved, will significantly change the way we use the ESTA (Electronic System for Travel Authorization), i.e. the digital system through which citizens of visa-exempt countries apply for a travel permit for short stays in the United States.
The novelty, contained in a document filed by the US Department of Security, establishes that in addition to the personal data already required (such as passport number, date of birth and any criminal record), it will be necessary to provide further information, considered by the US authorities to be useful in terms of security. These include social identities, telephone numbers and email addresses used in the last five years, as well as contact details of close family members. The proposal arises within a very broad regulatory process, which the US government has activated to strengthen entry controls to the “Stars and Stripes” country and update the management of travellers’ data.
It is worth clarifying that the request is not yet operational: it is under public consultation and may be modified. The measure would concern all citizens of the countries adhering to the Visa Waiver Programthe program that allows entry without a traditional visa: these also include Italy, Germany, France, Spain, the United Kingdom, Japan, Australia, South Korea, Israel and New Zealand. In contrast, Europe does not provide for anything similar, given that US citizens can enter the Schengen Area without any prior authorization, as long as the stay is less than 90 days.
What would change for tourists in the United States with the ESTA
The proposal, published in the official register of US federal regulations, concerns those who use the ESTA as part of the visa waiver program, which today involves 42 countries, including much of Europe (including Italy), the United Kingdom, Australia, New Zealand, Japan, Israel and Qatar. This tool allows you to enter the United States for periods of less than 90 days without a traditional visa, and is completely digital. So far, in addition to the identification data, the only section dedicated to social media is currently optional: it has existed since 2016 but if not filled in, it has no consequences in the evaluation of the application. The CBP website (Customs and Border Protection), in fact, even now specifies that «if the (ESTA) applicant does not answer the question (about the use of social media) or simply does not have a social media account, the ESTA application can still be submitted without this leading to a negative interpretation or inference». With the new setting, however, the scenario would change, and significantly: it would be necessary to specify all the social profiles used in the last 5 years.
In addition to social media, others would be added «high-value data elements», a technical expression used by CBP to indicate content considered particularly useful in verifying the identity and evaluating the reliability of a traveler. This also includes telephone numbers, email addresses and biographical information on close family members, including names, dates and places of birth and contact details for the last 5 years. These fields would be harmonized with other changes the Department of Homeland Security is applying to various government forms to standardize “baseline” data collection.
Another significant innovation concerns the progressive dismantling of the ESTA web platform, which should be replaced by the mobile application as the only official channel for submitting applications. The website would remain available only to check the status of requests already sent, but would no longer allow you to do “application“, as they say in jargon. The CBP justifies this step with some technical reasons. Among these, we mention the images uploaded via the Web, often of insufficient quality for biometric checks, i.e. for checks based on unique physical characteristics such as the face. A specialized unit of the National Targeting Center highlighted thousands of passport photos and bio pages with too low definition, which in some cases were allegedly intentionally uploaded by users trying to bypass facial matching. The mobile app, on the other hand, allows you to acquire images in real time and verify the authenticity of the passport by reading the electronic chip using NFC technology, the same that allows our smartphones to interact with documents and short-range devices. This level of control is not possible through web uploads and, according to CBP, is now essential to reduce fraudulent practices.
The proposal also introduces a general obligation to take selfies, both for those who fill out the ESTA directly and for those who rely on third parties, such as travel agencies or family members. This requirement would play a key role in ensuring that the declared identity actually corresponds to that of the person intending to travel. The selfie would be compared to the photo extracted from the passport chip and other images stored in federal systems, via the Traveler Verification Servicea system that uses facial recognition to verify the identity of travelers at entry and exit points (airports, ports, etc.). The declared objective is to make the identity verification process more uniform, avoiding inconsistencies between requests sent via the site and those sent via the app.
What those who intend to leave the United States should do
Alongside the changes regarding entry, CBP is also carrying out a project dedicated to the phase of exit from the United States. This is a voluntary system that would allow travelers subject to Form I-94 requirements to register their departure through the CBP mobile app. In practical terms, the traveler who has stayed in the USA could be enabled to report his exit from the country by scanning his passport, sending a selfie and authorizing geolocation to certify that he is outside US territory. Liveness detection software (a technology that distinguishes a real face from a static image) would help prevent abuse. The report then flows into the official arrivals and departures system, creating a biometric confirmation useful both to the authorities and to the travelers themselves, especially in cases where it may be necessary to demonstrate that they have respected the terms of the stay.
Overall, if the rules are confirmed, both entry and exit from the US will become more complex than it already is.
