Tag: real id

DHS to States: Pleeease Spend This Money!

Here’s a window onto the upside-down way government spending works. The Department of Homeland Security has sent a letter to states begging them to spend federally provided money on implementing REAL ID, the national ID law.

“DHS is regularly asked by members of Congress, as well as the Office of Management and Budget, if these funds are needed by the states, and whether these funds should be reallocated to other efforts,” writes Juliette Kayyam of DHS’ Office of Intergovernmental Affairs. “As both the states and the Federal government face increasingly tough budgeting decisions, it is more important than ever that these available funds be utilized.”

That’s right: Tough budget times make it imperative to spend more money.

States don’t want to implement REAL ID, and the American people don’t want a national ID, but the DHS bureaucracy is rattling cages to try to get money spent purely for the sake of spending. It’s flabbergasting.

REAL ID Continues Its Long, Slow Failure

REAL ID continues its long, slow failure. The federal government’s national ID plans continue to bash against the shoals of state and popular opposition.

Late last month, the governor of Utah signed H.B. 234 into law. The bill prohibits the Utah driver license division from implementing REAL ID. That brings to 25 the number of states rejecting the national ID law, according to the Tenth Amendment Center.

And the State of Nevada, one of the few states that had been working to get in front of REAL ID, is reconsidering. With wait times at Las Vegas DMVs reaching two to four hours, the legislature may soon allow a temporary REAL ID implementation measure signed last year to lapse—this according to the Ely (NV) News.

Congress has attempted to circumvent the growing state opposition to REAL ID with the now-stalled PASS ID legislation. It basically would rename REAL ID so as to nullify the many state resolutions and laws barring implementation of the national ID law because they refer to the May 2005 “REAL ID” law specifically. But PASS ID is the same national ID, it has all the privacy issues of REAL ID, and its costs would be as great or greater than REAL ID.

That doesn’t mean national ID supporters in Congress won’t try to sneak the REAL ID revival bill into law sometime later this year, of course …

(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.”

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.

Will a False Crisis Revive REAL ID?

I’ve written here before about how the National Governors Association is seeking to peddle state power over driver licensing and identification to the federal government in order to cement its role as a supplicant for states in Washington, D.C.

NGA is currently seeking to drum up a false, end-of-year driver license crisis to convince Congress to pass a new version of REAL ID called PASS ID, moving the national ID project forward.

The letter says that states must be “materially compliant” with the REAL ID Act by the end of the year or their citizens will not be able to use their driver’s licenses as identification to board commercial aircraft. This is technically true, in one sense, but it omits some important information.

The statutory deadline for REAL ID compliance was actually a year and a half ago, May of 2008. No state was in compliance then, and the Department of Homeland Security gave out deadline extensions wholesale—even to states that didn’t ask for them.

If Congress takes no action by the end of the year, the DHS will simply do this again. There is no end-of-year driver license crisis.

And it’s no harm, no foul—nobody who has studied identity-based security believes that the national ID law would cost-effectively protect the country. Ignoring or repealing REAL ID are the best paths forward.

The NGA, of course, believes that states will be better off with its preferred version of REAL ID. Some of the sharpest corners are taken off REAL ID in the new ”PASS ID“ version, but states are kidding themselves if they think PASS ID is good for their bottom lines.

As I wrote beforetwice!—PASS ID is likely to cost states as much or more than REAL ID. Its requirements are essentially the same, and its implementation deadline—one of the biggest cost drivers—is tighter in some respects than REAL ID.

Will Congress slip PASS ID into law by the end of the year the way REAL ID was slipped into law four-plus years ago? It’ll be interesting to see…

‘Has Any of This Made Us Safer?’

In the November 6th Washington Post, Petula Dvorak lamented the effect of REAL ID compliance on women who have changed their names. The Department of Homeland Security is about to give out blanket waivers to states across the country who have not complied with REAL ID requirements — again. But some states have been making it harder to get licenses because of the national ID standards they still think are coming.

“I doubt the most notorious terrorists of our time — the Sept. 11 hijackers, Timothy McVeigh — would have been stopped by these new DMV requirements,” Dvorak writes. ”All these laws have done is make us more harried, more paranoid and more red-faced than ever.”

Startling Incompetence at ANSI Standards Group

I have always regarded standard-setting organizations as serious players who take care to keep slightly boring the work of establishing uniformity in products and protocols. But a press release from the American National Standards Institute (ANSI) may cause me to reassess.

IDSP Issues Report Calling for National Identity Verification Standard” is the release, and it’s bristling with error and malformed policy assertions. IDSP is the “Identity Theft Prevention and Identity Management Standards Panel,” an ANSI subgroup.

Take this doozy:

[T]he Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) and the REAL ID Act of 2005 require verification of identity prior to the issuance of birth certificates and driver’s licenses / ID cards, respectively. However, the IRTPA regulations have not yet been released even in draft form and the REAL ID regulations do not provide practical guidance on how to corroborate a claim of identity under different circumstances.

Folks, REAL ID repealed the identity security provisions in the Intelligence Reform and Terrorism Prevention Act. (It’s a good bet that regulations for a repealed law aren’t going to move out of draft form for a very long time, eh?) And REAL ID does not require verification of identity prior to issuance of birth certificates. What could that even mean?! “Hey you—little baby—let me see some ID before I issue you your birth certificate.”

The release repeats the tired mantra that 9/11 terrorists got U.S. identity documents—“some by fraud.” The 9/11 Commission dedicated three-quarters of a page to its identity recommendations—out of 400 substantive pages—and neither the commission nor anyone since has shown how denying people U.S. identity documents would prevent terrorism.

Are there needs for identity standards? Of course. And there are a lot of projects in a lot of places working on that. If an organization doesn’t know the law, and doesn’t know how the subject matter it’s dealing with functions in society, I don’t know how it could possibly be relied on to set appropriate standards.

ANSI should take a look at this subgroup and see if its work is actually competent. Judging by this press release, it’s not.