[EFF] Federal Judge Upholds State Department Rule Requiring Visa Applicants to Disclose Social Media Information
[EFF] Federal Judge Upholds State Department Rule Requiring Visa Applicants to Disclose Social Media Information
Since 2019, people applying for a visa to the United States have had to register their social media accounts with the U.S. government as part of the application process. Two U.S.-based documentary film organizations that regularly collaborate with non-U.S. filmmakers and other international...
Summary
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A federal judge has dismissed a lawsuit challenging a rule that requires visa applicants to disclose their social media accounts to the U.S. government.
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The rule, which went into effect in 2019, applies to visa applicants from all countries.
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The plaintiffs in the lawsuit, two U.S.-based documentary film organizations, argued that the rule violated the First Amendment rights of visa applicants.
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It's unclear if the plaintiffs plan to appeal the ruling.
Additional Details
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The rule requires visa applicants to disclose their social media identifiers, including pseudonymous accounts, for the past five years.
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The plaintiffs argued that the rule would chill free speech and association, as visa applicants would be less likely to express themselves on social media if they knew that the government could see their posts.
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The ruling is a reminder of the challenges faced by people who want to protect their privacy online.
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The judge basically said, if I am reading it right, that there is an argument but it needs work.
This is a BS requirement. I get asking for social media but such an ask is unenforceable. It’s like asking your favorite color.
It's a motion to dismiss that was granted under rules of the court. The rules cited by the defendant (The Secretary of State) in the motion to dismiss:
- Rule 12(b)(1) — The plaintiff did not present enough evidence to show that they have standing to bring the matter before the courts.
- Rule 12(b)(6) — The plaintiff did not present sufficient factual matter to state a claim to relief that is plausible on its face .
The court sided with the plaintiff that sufficient evidence was indeed presented before the court to indicate that the plaintiff did indeed have standing, BUT their argument brought before the court failed to state a claim under either the APA (the Administrative Procedure
Act) or the First Amendment. Thus the court has accepted the motion to dismiss the case, citing:A concrete injury is “foremost” among the standing requirements
Plaintiff could state in concrete terms the injury to be suffered by those affected by the two avenues of injury they (the plaintiff) had indicated. The plaintiff is the one who brought up the first amendment and the APA but failed to follow through on the argument before the court in terms of actual injury (a court CANNOT assume injury even ones that sound pretty obvious).
More importantly the first amendment issue brought before the court couldn't be held. The court indicated that the Government has a vested interest (in the name of national security) to be all up in the business of people traveling here for work. But that the plaintiff did bring up a point about how that might also hurt their ability to work here, but failed to qualify it in their original argument (that basically means, "I don't think this is a first amendment issue but you've got a point if you want to try something else.")
The motion to dismiss is granted with perjury. The plaintiff cannot bring it back before the courts and cannot
usuallyappeal the decision.So yeah, the Judge sounds like he was interested in the issue being brought but the arguments that were critical to their case fell apart at the whole "for foreigners traveling here, the US has every right to monitor your social media accounts". The argument that seemed to pique the judge's interest was how that information might be used to remove business opportunities from people traveling here. Which is a good point because once a person is approved to work here in the US, the information obtained by the Visa application cannot be used to taint the work environment the person works in.
However, the plaintiff wasn't able to provide a concrete way of how that would happen (that was outside of the "we're arresting you and kicking you out" which the Government has a right to do). The thing is the plaintiff would need a way to connect the dots on how information obtained in the Visa might get back to their employer and then the employer keeps the person but alters their job based on that information released by the Government. If there is a manner by which that might happen, then yeah, that's a no-no.
So to summarize, it's not really a precedent or anything. The judge tried to give it as much chance as possible but they just brought a bad case that wasn't really worth the trouble.
believe dismissal can be appealed
I personally think you have to be careful. If they don't like your application and find that you are not disclosing the information, it might become a justification to reject the application. Remember that there are 3rd parties that massively correlate internet data that are sold to governments and corporations. Unless you accounts definitely cannot be linked to your real identity, there is a chance that they will find out what social accounts you have anyway.
What color do you like? …
WRONG! Friend Computer says you like blue, yet here you are, saying you like red; oh, Mr John Smith is a common name in your region of Canada?
Likely story!!!
Or, maybe, you… are a lying communist.
VISA DENIED
Canadian is a communist who lied about their favorite color
And when they're asking you, they may already know. It's a test.
It is conceivable to prove you have a social media account you denied having (seize your phone, your computer). It is not the same as having a favorite color.
The consequences of lying on a visa application can be severe, such as a ban on entering the US.
If there is a reason to seize your phone and computer, then your VISA has other problems.
And if not, Is an omission lying? It is exactly the same as listing your favorite color, and leaving it blank.
Yes it's lying. What if you left blank a request to list your criminal convictions?
straw man. Nobody can fact check your favorite color which can change from month to month.
Your criminal history is factual and evidence based.
I never brought up colors, which are nothing like the specific and provable social media handles. Best not to lie on a visa application, especially not about something that can be proven with subpoenas.