Tag: dhs

EPIC: Suspend Airport Body Scanners

Last week, the Electronic Privacy Information Center released a petition from a group it spearheaded, asking the Department of Homeland Security to suspend deployment of whole-body imaging (aka “strip-search machines”) at airports.

The petition is a thorough attack on the utility of the machines, the process (or lack of process) by which DHS has moved forward on deployment, and the suitability of the privacy protections the agency has claimed for the machines and computers that display denuded images of air travelers.

The petition sets up a variety of legal challenges to the use of the machines and the process DHS has used in deploying them.

Whole-body imaging was in retreat in the latter part of last year when an amendment to severely limit their use passed the House of Representatives. The December 25 terror attempt, in which a quantity of explosives was smuggled aboard a U.S.-bound airplane in a passenger’s underpants, gave the upper hand to the strip-search machines. But the DHS has moved forward precipitously with detection technology before, wasting millions of dollars. It may be doing so again.

My current assessment remains that strip-search machines provide a small margin of security at a very high risk to privacy. TSA efforts to control privacy risks have been welcome, though they may not be enough. The public may rationally judge that the security gained is not worth the privacy lost.

Wouldn’t it be nice if decisions about security were handled in a voluntary rather than a coercive environment? With airlines providing choice to consumers about security and privacy trade-offs? As it is, with government-run airline security, all will have to abide by the choices of the group that “wins” the debate.

(No) Surprise! REAL ID Deadline Extended Again

In a classic example of the 5:00 Friday news drop, the Department of Homeland Security has announced that it is extending the REAL ID compliance deadline. Forty-six of 56 jurisdictions, it reports, were not able to implement even the interim measures it proposed requiring by December 31st when it last extended the deadline in May of 2008.

The DHS statement insists that a full compliance deadline on May 10, 2011 remains in effect. What that really means is that there will be another false crisis as that deadline approaches, and the DHS will extend the deadline yet again.

The better alternative is to repeal the national ID law and the worthless, expensive pseudo-security it represents. It is not to revive REAL ID under its alternative name “PASS ID.”

REAL ID Retreats Yet Again

Several different outlets are noting the quiet passing of a Department of Homeland Security deadline to implement our national ID law, the REAL ID Act.

In May of 2008, with many states outright rejecting this national surveillance mandate, the DHS issued blanket waivers and set a new deadline of December 31, 2009 by which states were supposed to meet several compliance goals.

They have not, and the threat that the DHS/Transportation Security Administration would prevent Americans from traveling has quieted to a whimper.

The reason why? The federal government would be blamed for it. As Neala Schwartzberg writes in her review of the push and pull over REAL ID:

If I was a betting person (and I am from time to time) I’d bet the backed-up-down-the-corridor traveler who is then turned away after presenting his or her state-issued, official complete with hologram ID will blame Homeland Security.

Does the ongoing collapse of REAL ID leave us vulnerable?

Richard Esguerra of the Electronic Frontier Foundation says in this Wired article that REAL ID “threatens citizens’ personal privacy without actually justifying its impact or improving security.”

REAL ID remains a dead letter. All that remains is for Congress to declare it so. And it may be dawning on Congress that passing it a second time under the name “PASS ID” will not work.

Latest REAL ID Deadline Will Pass Without a Blip

Via the ACLU blog, there’s no chance that the Department of Homeland Security will interfere with Americans’ travel when its latest deadline for REAL ID compliance passes at the end of this month. As happened with the original deadline for states to implement the national ID, DHS will give out waivers to recalcitrant states instead of carrying out the threat of refusing to accept travelers’ IDs at airports.

States were required by Tuesday to request a waiver from DHS showing that they had met certain milestones for REAL ID compliance. But according to NextGov, Arkansas, Idaho, Kansas, Missouri, Montana, New Jersey, Oklahoma, South Carolina, and three U.S. territories have not asked for a waiver.

Supporters of a REAL ID revival bill called “PASS ID” want to use this end-of-year impasse to hustle their bill through Congress (the way REAL ID was originally passed). But the impasse is fake, and states can do what they want.

“Should Congress not act before it adjourns this year, DHS has planned for contingencies related to REAL ID implementation, including extending the deadline as a last resort,” said a DHS spokesman.

“I E-Verify”: Do Businesses Agree With Your Values?

My March 2008 paper, Franz Kafka’s Solution to Illegal Immigration, detailed the problems with electronic employment verification systems. The paper concludes that successful “internal enforcement” of immigration law requires a national ID—and ultimately a cradle-to-grave biometric tracking system.

The Department of Homeland Security has started a program called the “I E-Verify” campaign for businesses that use the federal background check system on its employees. If you see businesses with “I E-Verify” decorations or insignia, they at least indirectly support a national ID system in the United States. This can help you decide whether or not you want to spend your dollars with them.

Arizona to Feds: No “Enhanced” Drivers License

Last week, the governor of Arizona signed H.B. 2426, which bars the state from implementing the “enhanced” drivers license (EDL) program.

If the federal REAL ID revival bill (PASS ID) becomes law, it will give congressional approval to EDLs, which up to now have been simply a creation of the federal security and state driver licensing bureaucracies.

As governor of Arizona, the current Secretary of Homeland Security signed a memorandum of understanding with the DHS to implement EDLs, and she backs PASS ID even though she signed an anti-REAL ID bill as governor. As I said before, Secretary Napolitano seems to be taking the national ID tar baby in a loving embrace.

Fun With DHS Press Releases!

Let’s fisk a DHS press release! It’s the “Statement by DHS Press Secretary Sara Kuban on Markup of the Pass ID Bill by the Senate Homeland Security and Government Affairs Committee.” Here goes:

On the same day that Secretary Napolitano highlighted the Department’s efforts to combat terrorism and keep our country safe during a speech in New York City,

This part is true: Secretary Napolitano was in New York speaking about terrorism.

Congress took a major step forward on the PASS ID secure identification legislation.

There was a markup of PASS ID in the Homeland Security and Governmental Affairs Committee. It’s a step – not sure how major.

PASS ID is critical national security legislation

People who have studied identity-based security know that knowing people’s identities doesn’t secure against serious threats, so this is exaggeration.

that will break a long-standing stalemate with state governments

Thirteen states have barred themselves by law from implementing REAL ID, the national ID law. DHS hopes that changing the name and offering them money will change their minds.

that has prevented the implementation of a critical 9/11 recommendation to establish national standards for driver’s licenses.

The 9/11 Commission devoted three-quarters of a page to identity security – out of 400+ substantive pages. That’s more of a throwaway recommendation or afterthought. False identification wasn’t a modus operandi in the 9/11 attacks, and the 9/11 Commission didn’t explain how identity would defeat future attacks. (Also, using “critical” twice in the same sentence is a stylistic no-no.)

As the 9/11 Commission report noted, fraudulent identification documents are dangerous weapons for terrorists,

No, it said “travel documents are as important as weapons.” It was talking about passports and visas, not drivers’ licenses. Oh – and it was exaggerating.

but progress has stalled towards securing identification documents under the top-down, proscriptive approach of the REAL ID Act

True, rather than following top-down prescription, states have set their own policies to increase driver’s license security. It’s not necessarily needed, but if they want to they can, and they don’t need federal conscription of their DMVs to do it.

– an approach that has led thirteen states to enact legislation prohibiting compliance with the Act.

“… which is why we’re trying to get it passed again with a different name!”

Rather than a continuing stalemate with the states,

Non-compliant states stared Secretary Chertoff down when he threatened to disrupt their residents’ air travel, and they can do the same to Secretary Napolitano.

PASS ID provides crucial security gains now by establishing common security standards for driver’s licenses

Weak security gains, possibly in five years. In computer science – to which identification and credentialing is akin – monoculture is regarded as a source of vulnerability.

and a path forward for ensuring that states can electronically verify source documents, including birth certificates.

We’re on the way to that cradle-to-grave biometric tracking system that will give government so much power over every single citizen and resident.

See? That was fun!