Tag: national id

Calling Secretary Napolitano: Arizona to Reject EDLs

Department of Homeland Security Secretary Janet Napolitano has been all over the map on national ID issues. As governor of Arizona, she signed a memorandum of understanding with the Bush DHS to implement “enhanced driver’s licenses” in her state. These are licenses with long-range RFID chips built into them. But then she turned around and signed legislation barring implementation of the REAL ID Act in Arizona.

Now, having taken federal office, she again favors REAL ID – or at least under its new name: PASS ID. (Her efforts to put distance between REAL ID and PASS ID have not borne fruit.)

In some respects, PASS ID is worse than REAL ID. It would give congressional approval to the “enhanced driver’s license” program – invented by DHS and State Department bureaucrats to do long-range (and potentially surreptitious) identification of people holding this type of card. Back home, the Arizona legislature has just passed a bill to prohibit the state from implementing EDLs.

So the former governor of Arizona, who has both supported and rejected national ID programs, now supports a bill to approve the national ID program her home state rejects. Napolitano seems to be taking the national ID tar baby in a loving embrace.

ACLU on the REAL ID Revival Bill

The REAL ID Act should be repealed, not “fixed,” says the American Civil Liberties Union:

While offering some important privacy protections, this legislation could ultimately resurrect the discredited Real ID Act and become the basis for a National ID. “Four years after becoming law, the Real ID Act is essentially dead,” said Chris Calabrese, Counsel of the ACLU Technology and Liberty Program. “Senator Akaka is right in his efforts to eliminate a substantial number of the more problematic aspects of Real ID, including the creation of a national database of driver information and misuse of license information by the private sector. But while these attempts at improvement are commendable, Real ID cannot be ‘fixed,’ and we oppose anything that would revive it.”

The REAL ID revival bill is S. 1261.

REAL ID Revival Bill Introduced in Senate

Though it’s not yet available, word has it that a bill to revive the REAL ID Act has been introduced in the Senate.

Its sponsors are an unlikely group: Senators Akaka (D-HI), Tester (D-MT), Baucus (D-MT), Carper (D-CT), Leahy (D-VT), and Voinovich (R-OH). REAL ID was dead in the water, but with a name change and a few burrs taken off, these five senators may just give it life once again.

Watch this space for posts as I analyze the bill and the politics. I’ll examine closely the substance of the “PASS ID Act.” I’ll try to figure out how both Senators from Montana - a state that rejected REAL ID flat out - became leaders in the fight to revive it.

More on the politics: As the stars lined up for repealing REAL ID outright, the Senate negotiated a compromise … with nobody. And I’ll look at something everyone is studiously ignoring - whether a national ID (by any name!) would actually do any good for the country!

Virginians’ Happiness Frustrates DMV

Showing off those pearly whites frustrates facial recognition software used by the Virginia Department of Motor Vehicles, so DMV workers are instructing motorists not to smile for their driver license photos. It’s a story worthy of The Onion, but it’s apparently true.

Facial recognition is just another way that governments are looking to keep tabs on citizens and residents. The need for specific no-smiling instructions will recede over time as national ID systems facilitate government control and make life in America naturally unhappy.

Trouble With Your National ID? Change the Name!

L-1 Identity Solutions is a leading biometric technology company, and with its acquisition of Digimarc ID Systems it has become the nation’s number one manufacturer of state identity cards and drivers’ licenses. Such a company would benefit massively from implementation of the REAL ID Act, the nation’s moribund national ID law.

But REAL ID is in trouble. No state was in compliance by the May 2008 deadline, and the Department of Homeland Security had to give deadline extensions even to states that flatly refused to participate in the national ID scheme.

So what does the primary beneficiary of the failing REAL ID Act do? Change the name. On a recent earnings call, L-1’s Chairman, President, and Chief Executive Officer, Robert V. LaPenta, was a little too transparent in expressing his optimism about the government ID card buisiness:

We’re well-positioned in all of these opportunities and we’re seeing increased sell prices for those states that are incorporating and I won’t call it real ID, I’ll call it enhanced or higher security drivers license.

“I won’t call it real ID, I’ll call it enhanced or higher security drivers license.”

Enhanced driver’s licenses are a project at the Department of Homeland Security - with no congressional mandate - to move state driver’s licenses toward serving as national ID cards.

So it is with the “PASS Act,” a bill that would revive REAL ID under a different name.

Senator Daniel Akaka (D-HI), formerly an opponent of having a national ID, has been working with the National Governors Association to round down the sharpest corners of REAL ID and give the national ID law a new name.

A news report says the new bill “explicitly prevents the creation of a national identification card.” It might also prevent things that walk like ducks, quack like ducks, and swim like ducks from being called “ducks.”

The only way to resolve the problems with REAL ID is to repeal REAL ID. Reviving the national ID program under another name is not a solution.

National ID Mission Creep

It’s a given that, once in place, a national ID would be used for additional purposes.

In case you needed proof, on Wednesday, Senator David Vitter (R-LA) offered an amendment to H.R. 627, the Credit Cardholders’ Bill of Rights Act of 2009, requiring the Federal Reserve to impose federal identification standards on the opening of new credit accounts. Among the limited forms of ID credit issuers could accept are REAL ID cards, produced under the moribund national ID law. (Vitter may not realize that REAL ID is in collapse.)

To compound things, his amendment would require credit issuers to run new credit card applicants past terrorist watch-lists. The sense of normalcy, efficiency, and common sense that makes airports so pleasurable to visit today would infect our financial services system. Oh joy.

Questions for Heritage: REAL ID

The Heritage Foundation’s “The Foundry” blog has a post up called “Questions for Secretary Napolitano: Real ID.”

Honest advocates on two sides of an issue can come to almost perfectly opposite views, and this provides an example, because I find the post confused, wrong, or misleading in nearly every respect.

Let’s give it a brief fisking. Below, the language from the post is in italics, and my comments are in roman text:

Does the Obama Administration support the implementation of the Real ID Act?

(Hope not … .)

Congress has passed two bills that set Real ID standards for driver’s licenses in all U.S. jurisdictions.

REAL ID was a federal law that Congress passed in haste as an attachment to a military spending bill in early 2005. To me, “REAL ID standards” are the standards in the REAL ID Act. I’m not sure what other bill the post refers to.

Given the legitimate fear of REAL ID creating a federal national ID database, section 547 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 barred the creation of a new federal database or federal access to state databases with the funds in that bill. (Thus, these things will be done with other funds later.)

The Court Security Improvement Act allowed federal judges and Supreme Court Justices to withhold their addresses from the REAL ID database system, evidently because the courts don’t believe the databases would be secure.

And in the last Congress, bills were introduced to repeal REAL ID in both the House and Senate. Congress has been backing away from REAL ID since it was rammed through, with Senators like Joe Lieberman (I-CT) calling REAL ID unworkable.

It’s unclear what the import of the sentence is, but if it’s trying to convey that there is a settled consensus around the REAL ID law, that is not supported by its treatment in Congress.

The Real ID legislation does not create a federal identification card, but it does set minimum security standards for driver’s licenses.

This sentence is correct, but deceptive.

REAL ID sets federal standards for state identification cards and drivers’ licenses, refusing them federal acceptance if they don’t meet these standards. Among those standards is uniformity in the data elements and a nationally standardized machine readable technology. Interoperable databases and easily scanned cards mean that state-issued cards would be the functional equivalent of a federally issued card.

People won’t be fooled if their national ID cards have the flags of their home states on them. When I testified to the Michigan legislature in 2007, I parodied the argument that a state-issued card is not a national ID card: “My car didn’t hit you — the bumper did!”

All states have either agreed to comply with these standards or have applied for an extension of the deadline.

It’s true that all states have either moved toward complying or not, but that’s not very informative. What matters is that a dozen states have passed legislation barring their own participation in the national ID plan. A couple of states received deadline extensions from the Department of Homeland Security despite refusing to ask for them. Things are not going well for REAL ID.

Secure identification cards will make fraudulent documents more difficult to obtain and will also simplify employers’ efforts to check documents when verifying employer eligibility.

It’s true that REAL ID would make it a little bit harder to get - or actually to use - fraudulent documents, because it would add some very expensive checks into the processes states use when they issue cards.

It’s not secure identification cards that make fraudulent documents harder to obtain - the author of this post has the security problems jumbled. But, worse, he or she excludes mentioning that a national ID makes it more valuable to use fraudulent documents. When a thing is made harder to do, but proportionally more valuable to do, you’ll see more of it. REAL ID is not a recipe for a secure identity system; it’s a recipe for a more expensive and invasive, but less secure identity system.

Speaking of invasive, this sentence is a confession that REAL ID is meant to facilitate background checks on American workers before they can work. This is a process I wrote about in a paper subtitled “Franz Kafka’s Solution to Illegal Immigration.” The dream of easy federal background checks on all American workers will never materialize, and we wouldn’t want that power in the hands of the federal government even if we could have it.

Real ID is a sensible protection against identify fraud.

The Department of Homeland Security’s own economic analysis of REAL ID noted that only 28% of all reported incidents of identity theft in 2005 required the presentation of an identification document like a driver’s license. And it said REAL ID would reduce those frauds “only to the extent that the [REAL ID] rulemaking leads to incidental and required use of REAL ID documents in everyday transactions, which is an impact that also depends on decisions made by State and local governments and the private sector.”

Translation: REAL ID would have a small, but speculative effect on identity fraud.

Congress is set to introduce legislation next week that could largely repeal the Real ID.

The bill I’ve seen is structured just like REAL ID was, and it requires states to create a national ID just like REAL ID did. REAL ID is dying, but the bill would revive REAL ID, trying to give it a different name.

Some groups oppose this version of REAL ID because it takes longer to drive all Americans into a national ID system and frustrates their plans to do background checks on all American workers. But it’s still the REAL ID Act’s basic plan for a national ID.

The Administration should put pressure on Congress to ensure that this legislation does not effectively eliminate the Real ID standards.

Why the administration would pressure Congress to maintain the national ID law in place - by any name - is beyond me. REAL ID is unworkable, unwanted, and unfixable.

Homeland Security Secretary Janet Napolitano signed legislation as Arizona’s governor to reject the REAL ID Act. Her predecessor at DHS, Michael Chertoff, talked tough about implementing the law but came up just shy of lighting the paper bag in which he left it on Napolitano’s doorstep.

The REAL ID revival bill that is being so widely discussed is likely to be both the national ID plan that so many states have already rejected and deeply unsatisfying to the anti-immigrant crowd. Congress rarely fails to grasp a lose-lose opportunity like this, so I expect it will be introduced and to see it’s sponsors award themselves a great deal of self-congratulations for their courageous work. You can expect that to receive a fisking here too.