American Society of Travel Advisors (ASTA) is challenging a proposal that would require Visa Waiver Program travelers to the United States to disclose five years of social media history as part of their Electronic System for Travel Authorization (ESTA) application.
ASTA submitted formal comments to the U.S. Customs and Border Protection (CBP) about these proposed changes, which were a response to directives for stronger national security in Executive Order 14161.
The proposed mandatory collection of social media data raises significant privacy, economic and competitive concerns that warrant careful review and greater transparency.
“ASTA fully supports the federal government’s responsibility to protect national security and maintain the integrity of our borders,” said Peter Lobasso, senior vice president, industry affairs and general counsel at ASTA. “However, the proposed mandatory collection of social media data raises significant privacy, economic and competitive concerns that warrant careful review and greater transparency.”
How This Affects U.S. Travel Advisors
According to ASTA, CBP’s proposal — which also calls for applicants to provide a “selfie” — lacks specificity about which social media platforms would be reviewed and how the information would be analyzed and stored. This lack of clarity makes it difficult for travel stakeholders to assess the impact of the proposal.
ASTA also noted that “travel advisors, who regularly guide clients through complex entry requirements, have reported growing concern among international travelers that government review of social media activity without clearly defined standards could be viewed as intrusive and disproportionate to short-term travel for business or tourism.”
As a result, would-be travelers to the U.S. may decide to forgo travel to the country, adding to a growing 2025 travel trade deficit of $50 billion, “reversing decades of positive balances,” according to ASTA.
Another way that mandatory social media disclosure could affect U.S. travel advisors is if it triggers reciprocal measures from foreign governments, which could decrease outbound travel demand and negatively affect U.S.-based travel agencies, tour operators and airlines.
Industry-Wide Concern
The broader travel industry has also warned against the impact of the proposed changes. Last month, research by World Travel & Tourism Council found that one-third of international travelers are less likely to visit the U.S. if disclosures are required. The organization called the changes more intrusive than what is required by U.S. competitors, and said the U.S. could lose up to $15.7 billion in visitor spending.
"Our research finds that over 150,000 jobs could be lost if this policy goes ahead, the same number usually created each quarter in the U.S.,” said Gloria Guevara, president and CEO of WTTC. “Even modest shifts in visitor behavior, put off by the planned changes, will have real economic consequences for U.S. travel and tourism, particularly in a highly competitive global market.”
And last December, U.S. Travel Association also warned against the lack of clarity surrounding the social media proposal, stating that “this policy could have a chilling effect on travel to the United States.”
