Topic: Telecom, Internet & Information Policy

They Represent D.C. in New Mexico

In a recent The Hill piece on the REAL ID debate in New Hampshire, I wrote about the complaint against federal legislators who cease representing their states in Washington, D.C., and start representing Washington, D.C., in their states.

That seems to be happening in New Mexico, where four of five members of the congressional delegation are at best standing by worrying about a Department of Homeland Security attack on their state. At worst, they are lobbying the state legislature to cede authority over driver licensing to the federal government.

The DHS is pushing New Mexico toward compliance with REAL ID, the national ID law, by saying that it will not offer another extension of the deadline for compliance. The statutory deadline passed seven years ago and no state is in compliance. No state will be in 2016. The national ID law is as unworkable as it is weak as a security tool.

Technology Takes On the Big Problems

Take a look at how markets and technology are taking on some of society’s biggest problems and revolutionizing the way we live. 

Nanotech and clean drinking water 

The World Economic Forum recently reflected on nanotechnology’s potential to improve people’s lives by providing smaller yet more powerful batteries, and by speeding up the purification process for air and water, among other things. Nanotechnology could deliver clean drinking water to millions of people who currently lack it, furthering the current positive trend. Around 10 percent of the global population lacks clean drinking water, down from around 20 percent in 1990.

Another Step toward Government Under Law

Last week, our friends at the Competitive Enterprise Institute won a small but important victory in the effort to bring the Transportation Security Administration under law. It began when the Electronic Privacy Information Center (EPIC) challenged the TSA’s policy of using strip-search machines at airports for primary screening. EPIC’s Fourth Amendment attack failed, but the D.C. Circuit Court of Appeals found that the TSA hadn’t used required administrative procedures to establish the policy, and it ordered the agency to promulgate a rule after taking comments from the public.

That was more than four years ago. The agency has been dragging its feet. And last week the court gave TSA thirty days to submit a schedule for “the expeditious issuance of a final rule within a reasonable time.”

Once the TSA has finalized its rule, it will be subject to challenge under the “arbitrary and capricious” standard in federal administrative law. John Mueller, Mark Stewart, and I filed comments during the rulemaking that will help show that the TSA’s policy is incoherent when it’s before the court.

Yes, it’s taking a long time. Courts often defer to agencies as experts in the fields they regulate, though they’re really expert at gaming the regulatory system and the courts. With persistence, though, the effort to bring the TSA under law and reverse its needlessly invasive and expensive programs will bear fruit.

Or responsibility for air security will be restored to airlines and airports.

Better Data, More Light on Congress

There’s an old joke about a drunk looking for his keys under a lamp post. A police officer comes along and helps with the search for a while, then asks if it’s certain that the keys were lost in that area.

“Oh no,” the drunk says. “I lost them on the other side of the road.”

“Why are we looking here?!”

“Because the light is better!”

In a way, the joke captures the situation with public oversight of politics and public policy. The field overall is poorly illuminated, but the best light shines on campaign finance. There’s more data there, so we hear a lot about how legislators get into office. We don’t keep especially close tabs on what elected officials do once they’re in office, even though that’s what matters most.

(That’s my opinion, anyway, animated by the vision of an informed populace keeping tabs on legislation and government spending as closely as they track, y’know, baseball, the stock market, and the weather.)

Our Deepbills project just might help improve things. As I announced in late August, we recently achieved the milestone of marking up every version of every bill in the 113th Congress with semantically rich XML. That means that computers can automatically discover references in federal legislation to existing laws in every citation format, to agencies and bureaus, and to budget authorities (both authorizations of appropriations and appropriations).

Setting the REAL ID Record Straight in Minnesota

A few weeks ago, unsatisfied with a report on REAL ID in the Minneapolis Star Tribune, I submitted an op-ed that the paper was kind enough to print. Unfortunately, they followed it up with an editorial favoring state compliance with REAL ID. And last week, the Star Tribune published an op-ed from a pro-national-ID advocacy group arguing that Minnesota should join the national ID system. The paper’s recent coverage of a meeting between state officials and the DHS reported uncritically on federal bureaucrats’ misrepresentations to Minnesota’s lawmakers. The REAL ID record in Minnesota should be set straight.

According to the Star Tribune’s report, Ted Sobel, director of DHS’s Office of State-Issued Identification Support, told Minnesota officials: “We are not asking Minnesota to turn over the keys to your information to anybody else. REAL ID does not affect one way or another how Minnesota protects the information of its residents.”

That is not accurate. REAL ID compliance would require Minnesota to make its drivers’ information available to all other States. The law is unequivocal on that (you can get it right from DHS’s web site):

To meet the requirements of this section, a State shall adopt the following practices in the issuance of drivers’ licenses and identification cards: …
(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.
(13) Maintain a State motor vehicle database that contains, at a minimum–
(A) all data fields printed on drivers’ licenses and identification cards issued by the State; and
(B) motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses.

That seems like turning over the keys to me, and it absolutely affects the security of Minnesotans’ personal information.

Mass Surveillance Opponents Launch DecideTheFuture.org

Two grassroots groups opposed to existing U.S. government surveillance policies yesterday launched a new platform aimed at the legislative branch: DecideTheFuture.org

A project of Restore The Fourth and Fight for the Future, the website rates House and Senate members on the basis of their votes on surveillance-related legislation since 2012. Those who have voted against continuation of the PATRIOT Act or sponsored legislation to repeal it are deemed to be part of “Team Internet”; those who have championed a continuation of the status quo on surveillance are dubbed “Team Surveillance.” 

Restore The Fourth’s press release provides further details:

The scoreboard builds off a similar tool released last year by a coalition of privacy advocates, adding data from the current Congress, including the PATRIOT Act renewal fight, the USA FREEDOM Act of 2015 and other relevant legislation. 

“We wanted to develop something simple and easy that would allow users to quickly see which politicians oppose mass surveillance, and who’s working to expand the surveillance state” says Alex Marthews, national chair of Restore The Fourth.

At the moment, it is unclear whether those behind DecideTheFuture.org will expand the project to include ratings on presidential candidates. Thus far, government surveillance has not been a top-tier issue in any of the presidential debates and is rarely mentioned by the candidates on the campaign trail.

No, America, You Don’t Need to Comply with the REAL ID Act

Like countless similar news stories recently, a report on Business Insider claims: “Residents from 5 US states could soon need a passport for a domestic flight.” The idea is that the Transportation Security Administration will begin to enforce the REAL ID Act in 2016 by denying airport access to travelers from non-compliant states.

It’s not true.

Nobody needs to get a passport to fly domestically. No state needs to implement the REAL ID Act’s national ID mandates.

I’ve been collecting examples of misleading reports like this at the Twitter hashtag “#TakenInByDHS.” A recent blog post of mine, also called “Taken In by DHS,” fleshes out the story of widespread misreporting on the situation with our national ID law.

In brief, the Department of Homeland Security is trying to get the states to convert their driver licensing systems into components of a U.S. national ID system. The REAL ID Act, which Congress passed in 2005, allows DHS to refuse IDs from non-compliant states, including IDs travelers present at TSA’s airport checkpoints.

This concerns some people when they first learn about it, but the REAL ID compliance deadline passed more than seven years ago with not one state in compliance. DHS has improvised deadline after deadline since then, and it has caved every single time its deadlines have been reached. I went through the history last year in my Cato Policy Analysis, “REAL ID: A State-by-State Update.”

DHS’s latest story is that it might start to enforce REAL ID in 2016. It won’t.