Topic: Telecom, Internet & Information Policy

Data Security for Me But Not for Thee

At his press conference announcing the REAL ID Act last week, Department of Homeland Security Secretary Michael Chertoff said:

We are not going to have a national database. REAL ID does not require that states start to collect additional information from applicants that they have not already created. We are not going to wind up making this information available willy-nilly. In fact, the steps we are taking under REAL ID will enhance and protect privacy rather than degrade and impair privacy.

…[A]mong the things we’re doing under REAL ID is requiring that state motor vehicle agencies have in place background checks and security plans for their databases at – in terms of the motor vehicle information. Traditionally, again and again we have seen corruption at motor vehicle agencies leading to people improperly disseminating personal information. These security plans and these background checks will actually minimize the risk that employees will improperly take that information and disseminate it.

Meanwhile, Section 508 of the Court Security Improvement Act of 2007, signed into law by President Bush last week, allows federal judges and Supreme Court Justices to withhold their addresses from the REAL ID database system, giving the addresses of their courts instead.

The federal judiciary evidently doesn’t trust Secretary Chertoff’s assurances.

REAL ID Regulations Issued

Today, the Department of Homeland Security issued final regulations implementing the REAL ID Act, our moribund national ID law that several states have already refused to implement.

The regulations, in two parts, can be found here and here.

I will have more to say after studying them, but the House Committee on Homeland Security’s chairman has already registered his preliminary objections. Cost issues, the difficulty of implementing this national ID, and privacy issues concern Chairman Thompson, who notes that DHS has spent close to $300 million on programs that have been discontinued because of failure to adhere to privacy laws and regulations.

REAL ID is, of course, a wasteful affront to privacy whether or not DHS follows all the rules. The department is not in a position to correct the errors in this fundamentally misguided policy.

Australian National ID Card Abandoned

This somewhat cryptic blog post at Wired reflects the delight of Roger Clarke that the Australian national ID card has been dropped by the incoming government. Clarke wrote an article in 1994 that is probably fairly regarded as the foundation of identification theory. I expanded on his thinking in my book, Identity Crisis.

In related news, Montana Senators Max Baucus and Jon Tester put language prohibiting the expenditure of federal funds for development of a national ID card in the omnibus spending bill Congress passed last week. Because the Department of Homeland Security denies that REAL ID is a national ID, this language is probably hortatory during the current administration.