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January 12, 2009 10:20 AM PST

U.S. visitors required to register online

by Stephanie Condon

Starting Monday, travelers from the United Kingdom, Germany, Japan, Australia, and a host of other countries will have to register online with the U.S. Department of Homeland Security before they can travel into the United States.

As part of its efforts to use technology to improve border security, the DHS is mandating that travelers from any of the 35 countries in the U.S. Visa Waiver Program apply online for an Electronic System of Travel Authorization before boarding a plane to the U.S. Previously, visitors from those countries were only required to fill out the I-94W form on flights to the U.S. for trips shorter than 90 days.

The ESTA applications collect the same information as the I-94W form and check it against DHS databases to determine whether a traveler poses a law enforcement or security risk. That information includes biographical data like birth date and passport information, as well as information regarding communicable diseases, arrests, convictions for certain crimes, and mental disorders that spur behavior that may pose a threat to others.

ESTA is a "key security element" of the Visa Waiver Program, DHS Secretary Michael Chertoff wrote on the DHS Leadership Journal blog.

"By requiring travelers to register online before their journey, ESTA gives authorities more time to screen for threats and ensure that a traveler isn't a known security risk," he said.

The Web-based program lets an applicant know within minutes if their application has been approved. If it is not, the traveler can still attempt to enter the U.S. by acquiring a visa. Travelers can submit ESTA applications up to two years in advance, even without a specific destination in mind.

If a traveler does not have Internet access, the DHS says in its ESTA FAQ (PDF) that "a third party, such as a relative, friend, or travel agent, may submit an ESTA application on behalf of the traveler."

DHS began accepting voluntary applications through the ESTA site in August 2008. Since then, more than one million people have used the system without any problem, Chertoff said, though some organizations say the program could have been better implemented.

Advanced screening of travelers from countries in the Visa Waiver Program is required through the Implementing Recommendations of the 9/11 Commission Act of 2007, but the DHS introduced rules for the ESTA program in June 2008 without seeking public comment on it.

"By missing an opportunity for public or stakeholder input, DHS has circumvented a process that could have resulted in a much improved program," the Air Transport Association of America said in a statement at the time.

Elizabeth Merida, a spokesperson for the ATA, said it was too early to tell how well the program is running now that it is mandatory for all Visa Waiver Program countries. The ATA, however, has been working with DHS to make sure it is implemented smoothly.

In October, when the ESTA program became mandatory for citizens of certain countries, the International Air Transport Association warned against the lack of mechanisms in place to deal with travelers who will inevitably reach an airline ticket counter without an approved ESTA application. More than 15 million people last year traveled through the United States from Visa Waiver Program countries, according to the DHS.

To deal with unprepared travelers, airlines may have to collect sensitive information for ESTA applications--"something that the industry does not wish to do, even if a technical solution is possible," the IATA said.

Once that information is collected, the DHS will retain it for two years in order for travelers to enter the U.S. After that, the DHS archives the information for 12 years--limiting the officials who can access it--so it can be retrieved for law enforcement, national security, or investigatory purposes. When ESTA applications are used in lieu of the I-94W form--which is the ultimate goal of the program--the data will be retained for 75 years, in accordance with the I-94W retention schedule.

Stephanie Condon is a staff writer for CNET News focused on the intersection of technology and politics. She is based in Washington, D.C. E-mail Stephanie.
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by scdecade January 12, 2009 11:02 AM PST
Why are the Department of Defense and the Department of Homeland Security two different departements? Has anyone else thought about that? If DHS is in change of domestic security what is DoD in charge of? Of course, George Orwell has given us the answer. DoD is really the department of "offense" and DHS is the department of "internal suspicion and control." Rejoice and enjoy your slavery, oops, I mean citizenship.
Reply to this comment
by sythara January 12, 2009 2:47 PM PST
Because DHS is a cabinet of the Federal Government and DoD is part of the Executive Branch. Would you really want executive branch control over DHS?
by lixpaulian January 12, 2009 12:09 PM PST
The USA are unique. No other country went so far. I will never fly again to the States until they get rid of such idiodic ideas.

an guy from Europe
Reply to this comment
by bdsakx January 12, 2009 12:34 PM PST
That idiotic idea is necessary because we ARE unique. I don't know from where in Europe you're from, but because so much goes in and out of the USA, I'm surprised we don't do more. Nobody is making you fly here, but I'd understand and expect the same if I had to go to your country. After all, this is 2009, and why using technology to its advantage is merely being progressive.
by lixpaulian January 12, 2009 12:44 PM PST
@bdsakx: this has nothing to do with technology: if you want to come to Europe, just fly here, you need to do nothing at all. You're free to come (if you're from the States, of course). So what gives?
by professionaladventurer January 12, 2009 12:52 PM PST
Not to sound to American or anything; Good luck with that, we will try not to miss you.
by JoeF2 January 12, 2009 1:08 PM PST
@professionaladventurer
Actually, the tourism industry in the US needs visitors from Europe. It is very shortsighted to make these visitors jump to lots of hoops. It will only hurt the US economy, and that's the last thing we need right now.
by professionaladventurer January 12, 2009 1:35 PM PST
You don't seriously believe that euros will stop coming to the US because people have to register online with DHS? There are a lot of other steps involved in travel, this is just a little one. NO ONE will NOT go to the place they really really want to visit just because of an online form with a government agency. I have had to send visa requests to embassy's far away with cash and wait for an approval to come in the mail before I went to their S-hole african country, but I still went. Euros are far fussyer then Americans when it comes to this kind of stuff and people blow up cafes and markets to repay them for lax security.
by lordmorgul January 12, 2009 1:58 PM PST
Jump through hoops?? This is not jumping through hoops, it is far simpler than the previous paperwork... you can do it online from anywhere, and you can do it up to 2 years ahead of time (which frankly is absurd).
by JoeF2 January 12, 2009 4:09 PM PST
@professionaladventurer
You may have traveled to other countries, but obviously not to Europe. Americans can just hop on a plane to Europe, at a moment's notice. And up until now, Western Europeans could do the same. Just buy a ticket, and be on the plane in another hour or so. With this change, that's not possible anymore.
So, Europeans will still do the same thing, hop on a plane for the weekend, but the destination will be in Europe instead of NYC. Goodbye, US tourism industry...
by mbenedict January 12, 2009 12:30 PM PST
Poor comments so far.

Most countries in the world require advance Visas for almost everyone. From Brazil to Russia to India to China, all require advance Visas for tourist entry. EU countries similarly require advance Visas from citizens of most countries. Often one must come to the embassy or consulate in person, and many times they need to hold on to your passport for days during processing, which is a big hassle if you're planning to travel to multiple countries. Plus it's not free, with some multiple-entry visas costing hundreds of dollars.

Instead, with the ESTA scheme, the majority of visitors to the US only have to register online, for free. That's much convenient for visitors.
Reply to this comment
by lixpaulian January 12, 2009 12:45 PM PST
As an American you don't need a visa to come in an EU country. Just a stamp in your passport at arrival.
by xcal78 January 12, 2009 1:26 PM PST
If people can't do something this simple then they don't deserve to be here. People like lixpaulian will eventually do it because that's how life works. I fill out more paperwork to go on a cruise then what they as asking of people. If you can't go online and fill out a form that might take 30 mins sometime before your trip then don't come here. You can do it up to 2 years in advance so when it's a commerical durning the football game do the paperwork.
by lixpaulian January 13, 2009 9:51 AM PST
It's not because I can't do it, but because why should I do it? it's an useless waste of time. just plain bureaucracy. The final result will be increased isolation of the USA.
by lordmorgul January 12, 2009 2:00 PM PST
Clearing someone for travel to the US up to 2 years before they are coming is way too long. To require this be done within 60 days of travel should be more than adequate... because if someone cannot manage a few minutes filling out an online form that close to their travel date then I know they are busy enough to have secretaries who can do it for them.
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by Tom400C January 12, 2009 3:15 PM PST
Don't know what the big deal is... It took me only a few minutes and I'm good to go till january 2011. And when, in a few months (?) ESTA replaces filling out the I-94 form that's only positive as well, no? Anyway, San Francisco, here I come :-)
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by imacpwr January 12, 2009 3:32 PM PST
Homeland Security's new catch phrase, in search of TMD's....??? (Tourists of Mass Destruction).
Reply to this comment
by ajbright January 12, 2009 4:53 PM PST
No this isn't a big deal compared to what awaits a traveler from Europe once they reach the US. That is far more likely to end any desire the traveler has to come back.

I'd like to see what Americans would do if they were required to line up for an hour to get questioned, fingerprinted and have any device capable of carrying data (laptops, iPods) searched and the contents sometimes copied by a foreign security officer.

Sorry but there are far more affordable places to visit that don't treat every tourist like a criminal and rip off the contents of their hard disks.

Of course most Americans have no idea how much money is put into their local economies by foreign tourism. I'm sure that's just what you need right now, more unemployment and businesses going to the wall.

Oh and these policies have only come into play over the last year, there hasn't been time yet for the impact of treating your visitors this way to strike home. Pretty much every one I know in the UK that went to the US last year has said that was their last visit.
Reply to this comment
by paulej January 12, 2009 6:24 PM PST
People are right to say that it will result in a decline in visitors. This is not speculation, but fact. Not everybody will stop coming, but many will.

I chair a committee that works on international communication standards. Since the US started implementing that finger printing system and taking forever to process visas for people from certain countries, we have all but stopped holding meetings in the United States. We can meet anywhere in the world and find that almost any country makes for a better place to go.

Further, I really doubt whether these security measures will help at all. Who from Western Europe, after all, would the US consider a problem? And, would they not already know that based on the name and country of the passport? What information not provided via the passport would help? I'm curious to know exactly what questions would possibly help improve security.

Having said that, I'd love to have something to replace the stupid customs forms I have to fill out every time I come home. I am sure they will never do away with those, since the government wants to charge you a tax and ask you whether you're bringing in raw meat and such.
Reply to this comment
by Dalkorian January 13, 2009 11:41 AM PST
Silly person, it's not about improving security but improving the ILLUSION of security.

Papers please.
by tecmic January 13, 2009 8:56 AM PST
I don't appreciate what is so special about the USA that justifies such intrusive collection of personal data. Ok, you were hit where it hurts, not funny but many of the worlds nations have extensive experience of that scenario and still don't find it necessary to treat visitors like criminals.

I don't want my own government to collect and store personal data do I'm certainly not allowing a foreign government to do it!
Reply to this comment
by hauteroute January 13, 2009 1:49 PM PST
NileGuide recently blogged about this subject at http://blog.nileguide.com/2009/01/12/electronic-system-for-travel-authorization-begins-today/
Reply to this comment
by BusinessTravel101 January 19, 2009 8:55 AM PST
This system will no doubt have an impact in inward tourism into the United Stated.

This may be hard for proud Americans to understand.

How many companies will take on the extra logistics of making sure all their delegates complete an ESTA, or risk them being sent home?

How many Business Travel Agents will drum up Business for the States knowing they will get the blame if a passenger is declined entry?

British Airways is already expecting traffic to the States to drop a massive 60%!!

And I bet you all a Thousand Dollars - It won't be long before the US starts to Charge $$'s for this!

And when this happens then you can sound the death toll for much of the US travel trade - But hey, Americans love to stay at home anyways - just means they can share their country with Canadians, Mexicans and numerous South Americans, not the French, British, Germans, Japanese ect.
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