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.
This is why I emigrated out of the US after the Patriot Act was enacted and I haven't come back since. I saw the writing on the wall back then and it sure wasn't lying...
Visiting the US today is like visiting Germany in 1936: yeah you can. But do you really want to?
Damn, this is absolutely terrible. I never heard this before.
Does this also apply to people applying for US citizenship?
This article specifically addresses Visa applications. So, if the person is already applying for a citizenship, there is most likely already a residency which doesn't require Visa on entry. There also seems to be a different set of rules for people already in the country. From the article:
And while the court recognized the First Amendment rights of noncitizens currently present in the United States who limit their online speech because they may need to renew a visa in the future, it held that the federal government’s regulation of immigration should be granted significant deference.
This is all pointless technicality.
Whichever person in charge or agency, merely requiring any human being to disclose such information is odious. It's literally 1984 made real.
It doesn't matter that it happens in the US and how, but the fact that it's even a thing in this country says a lot about the kind of "democracy" it has.
So the same logic permitting enhanced interrogation in Guantanamo Bay, that being unconstitutional is fine as long as it's not on US soil?
It seems more or less. Have you seen the recent news about US government's arrangement to have an eastern European country running a platform to collect data on its own citizens to skirt around the warrant law? If citizens are being treated as such, how are non-citizens being treated?
I'm curious what the ofgicial definition of "social media" is. Is lemmy social media? What about github or stackoverflow?
There seems to be 20, some nonextant.
https://redbus2us.com/us-visa-forms-ds-160-260-has-social-media-questions-now-samples/
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.
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
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.
This is why you should use all social media like linked in. Only post things that would look good in an interview. It's a public, professional profile for self promotion.
And the only response you should give to DMs is to either ignore them or say "please message me on signal/wire/etc"
Anonymity should exist online. Not for all platforms, but I shouldn't be required to reveal all the dumb things I've said on Reddit under a fake username, nor should the government be allowed to go check every YouTube video I've watched, unless I'm under criminal investigation and they have a warrant. This law is just another incremental infringement on our constitutionally protected privacy. They figure at least half the country will support it since it only impacts immigrants. Then when they expand it to impact them, they'll be used to the idea and explain it away, or be unable to fight against it. "First they came for the socialists"... and all that.
Just use a fake username, as you said. Have a distinct user with your real name that you use for self promotions. That's the one you gives at interviews for employers and visas.
This is what I do on both Lemmy and reddit. It's only an issue on reddit, where you're expected to only self-promote some percent. Of course it looks like your real-name-account does self-promotion 100% of the time because...that's what it's for. It should be expected that we do most of our main commenting and posting on an anonymous account
