Tag: real id

UK Home Secretary Abandons National ID

The UK has been operating in parallel to the United States on the national ID question, and rumors about the collapse of the UK national ID have been circulating for a couple of years.

Now comes word that Home Secretary Alan Johnson will scrap the national ID card system, making it voluntary. When volunteers fail to materialize, it is easy to anticipate that it will disappear entirely.

This is another thing U.S. Homeland Security secretary Janet Napolitano might want to note as she struggles with with national ID issue here.

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.

Is the REAL ID Revival Bill, “PASS ID,” a National ID?

With the move in the Senate to revive our moribund national ID law, the REAL ID Act, under the name “PASS ID,” it’s important to look at whether we’re still dealing with a national ID law. My assessment is that we are.

First, PASS ID is modeled directly on REAL ID. The structure and major provisions of the two bills are the same. Just like REAL ID, PASS ID sets national standards for identity cards and drivers’ licenses, withholding federal recognition if they are not met.

There is no precise definition of a national identification card or system, of course, but its elements are relatively easy to identify.

First, it is national. That is, it is intended to be used throughout the country, and to be nationally uniform in its key elements. REAL ID and PASS ID have the exact same purpose - to create a nationally uniform identity system.

Second, its possession or use is either practically or legally required. A card or system that is one of many options for proving identity or other information is not a national ID if people can decline to use it and still easily access goods, services, or infrastructure. But if law or regulation make it very difficult to avoid carrying or using a card, this presses it into the national ID category.

Neither REAL ID nor PASS ID directly mandate carrying a card. Doing so would be too obviously a national ID system, and politically unpalatable. But both seek to take advantage of the state driver licensing system, and they do that for a reason: Carrying a driver’s license is a practical requirement in most parts of the country, where the automobile reigns supreme as the mode of travel.

But maybe states would decline to participate. Nothing in the PASS ID Act directly requires states to implement the system, and they are entirely free to issue non-compliant licenses and ID cards. But this was also true of REAL ID - because of the constitutional rule that the federal government cannot commandeer the organs of state government. (The case is New York v. United States.)

What both REAL ID and PASS ID do is make it difficult for state residents to function without their nationally standardized ID. They both require the nationally standardized ID to enter federal facilities (perhaps fewer of them under PASS ID), to access nuclear power plants, and to board aircraft.

But the PASS ID bill has specific language saying that a person can’t be denied boarding because they don’t have a national ID. Isn’t that an improvement? It sounds like it, but that language simply restates the rules that exist under REAL ID.

The TSA has never been able to deny people boarding because they don’t have an ID. (Many people have traveled without ID to prove the point.)

What the Department of Homeland Security does is make it really inconvenient to travel without showing ID. Not having your national ID can put you into a long secondary-search delay. And a year ago, the Transportation Security Administration created a new rule allowing them to turn travelers away if they “willingly” refuse to show ID and don’t “assist transportation security officers in ascertaining their identity.”

What this means is that people not showing ID have to answer questions about themselves for a TSA background check - a background check that has included political party affiliation. In other words, you either participate in the national ID system run by states, or you participate in the cardless national ID system that the TSA runs. (The TSA was storing information about who traveled without ID until it got caught.)

The rules are no different between REAL ID and the REAL ID revival bill, PASS ID. You don’t have to carry a national ID to get through the airport, but woe to the person who tries to exercise that freedom.

In addition, the plan under PASS ID is for the federal government to pay states a lot more money for implementation. Cost concerns were a real impediment to REAL ID, and the (false) promise of federal funds is designed to draw states into issuing nationally standard IDs for all their residents.

On balance, REAL ID and PASS ID are peas in a pod. They are both aimed at being practically required. The plan under both is for everyone who has a driver’s license to have a nationally standardized, REAL-ID-type license.

The final “element” of a national ID is that it is used for identification. A national ID card or system shows that a physical person identified previously to a government is the one presenting him- or herself on later occasions. (A Social Security Number is a national identifier, but it is not a national identifiction system because there is no biometric tie between the number and a person.)

REAL ID and PASS ID both subject every applicant for a license to “mandatory facial image capture.” They both put a “digital photograph of the person” on the card. They are most definitely about identification.

Are we still talking about a national ID? REAL ID and the REAL ID revival bill, “PASS ID,” are structured the same. They have no differences in terms of their aim - to create a national ID.

It’s certainly unusual that members of the Senate who formerly appeared to oppose a national ID would reverse course. I’ll spend more time on the politics, of course, and delve into many other issues in future posts.

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!

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.