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Traveling to the US - How to prepare
(startrek.website)
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this post was submitted on 16 Jul 2024
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Privacy
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Ultimately you shouldn't cross the US border carrying devices or encrypted data which you aren't prepared to unlock for DHS/CBP, unless you're willing to lose the hardware and/or be denied entry if/when you refuse to comply.
If they decide to, you'll be handed this: "You are receiving this document because CBP intends to conduct a border search of your electronic device(s). This may include copying and retaining data contained in the device(s). [...] Failure to assist CBP in accessing the electronic device and its contents for examination may result in the detention of the device in order to complete the inspection."
Device searches were happening a few hundred times each month circa 2009 (the most recent data i could find in a quick search) but, given other CBP trends, presumably they've become more frequent since then.
In 2016 they began asking some visa applicants for social media usernames, and then expanded it to most applicants in 2019, and the new administration has continued that policy. I haven't found any numbers about how often they actually deny people entry for failing to disclose a social media account.
In 2017 they proposed adding the authority to also demand social media passwords but at least that doesn't appear to have been implemented.
Well, on my ESTA, they said the social medias disclosure is optional. Just a tool to help you confirm your intents visiting the US (or to be withheld against you as well) https://esta.cbp.dhs.gov/faq?lang=en&focusedTopic=Privacy%20and%20Security&answerToDisplay=How%20will%20CBP%20use%20my%20social%20media%20information%20collected%20through%20the%20additional%20question%20that%20was%20added%20to%20the%20ESTA%20application%20in%20December%202016%3F