Topic: Telecom, Internet & Information Policy

USA Today Goes 0-5 on REAL ID

This morning the Department of Homeland Security’s Office of Public Liaison was good enough to email me a copy of USA Today’s editorial supporting the REAL ID Act.  Curiously absent from the email was a copy of, or even a link to, ACLU Executive Director Anthony Romero’s opposing view.

It has been called unwise to argue with someone who buys ink by the ton, but USA Today’s praiseworthy adoption of “Web 2.0” interactivity on its Web site shows how ink is shrinking in relevance.  So let’s go ahead and see how the paper did in its point-by-point assessment of REAL ID.  Below, USA Today’s points are in bold.  My commentary in roman text:

Taking the arguments of Real ID opponents one at a time:

•It won’t make the nation safer. True, there’s no guarantee that the law would have stopped the 9/11 hijackers and that determined terrorists won’t find a way around the new requirements. Averting terror attacks, however, requires layers of security. Credible IDs are an important layer.

To be more clear, the law would not have stopped the 9/11 hijackers.  All of the 9/11 attackers could have gotten driver’s licenses legally had the REAL ID Act been the law on September 11, 2001.  Identification really doesn’t provide any security against committed threats.

“Layered security” is a legitimate way of thinking about things.  One shouldn’t rely on a single security system, because that creates a single point of failure.  However, security layering doesn’t end the inquiry.  Each layer must provide security that is cost-justified.  If creating a national ID doesn’t create a substantial protection - and it doesn’t - the national ID layer does more harm than good.  Speaking of cost …

•It costs too much. Motorists will have to spend an estimated $20 more, a relatively small sum for a standardized, tamper-proof license. For states, the costs are estimated at up to $14.6 billion over five years, offset by as much as $100 million in federal grants this year alone, on top of $40 million in federal aid already provided. Governors can make a case for more help, but cost-sharing arguments shouldn’t stop the program from going forward.

DHS’s own cost estimate is that REAL ID costs over $17 billion dollars.  That’s about $50 per man, woman, and child in the United States.  State government officials are probably not enthused to know that DHS is making available less than 1 percent of the costs to implement REAL ID.

•It violates privacy. The creation of large databases always is reason to be wary. But the new regulations don’t create a national ID card or giant Big Brother-like federal database. States will still issue the licenses and retain information used to verify identity. Making an existing database more credible threatens privacy far less than many private sector data collections do.

To most people, a nationally standardized, government-issued card that is effectively mandatory to carry is a national ID card.

No database, huh?  Here’s section 202(d) of the Act:

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.

As to private sector data collections, these, at least, people can prevent.  But if the private sector is wrong to do this, two wrongs don’t make a right.

It forces illegal immigrants to drive without licenses or insurance. Illegal immigrants won’t be able to get Real ID licenses, but states will be allowed to issue permits allowing them to drive and obtain insurance. In any event, the nation’s immigration problems require a comprehensive solution in Washington; they can’t be solved at state motor vehicle departments.

When the state of New Mexico de-linked driver licensing and immigration status, uninsured vehicle rates in the state dropped from 33 percent to 17 percent.  Unlicensed driving, hit-and-run accidents, and insurance rates probably followed a similar course.  It’s true that states will be allowed to issue non-federally-compliant IDs, including to illegal immigrants.  Knowing that such cards are “for illegals,” illegals are unlikely to get them.  Thanks to REAL ID, these drivers will kill innocent law-abiding Americans on the highways.

It’s too hasty. This is just absurd. DHS gave states until the end of 2009 to have programs in place to replace all licenses by 2013 — a sluggish 12 years after the 9/11 attacks.

Each day that driver’s licenses lack credibility is a day of needless vulnerability. As DHS Secretary Michael Chertoff told Congress last month, “If we don’t get it done now, someone’s going to be sitting around in three or four years explaining to the next 9/11 Commission why we didn’t do it.”

Few have made the argument that REAL ID is “too hasty.”  The Department of Homeland Security’s regulations didn’t make the law workable and neither can a delay.  The real problem is the law itself, and it needs to be repealed.

Careful observers noted the contrast between Secretary Chertoff’s urgency when speaking to Congress about REAL ID and his Department’s willingness to kick implementation down the road another year and a half, to December 2009.  Cards wouldn’t even be in everyone’s hands until 2013.  This puts the lie to the idea that a national ID is a security tool at all.

USA Today’s editorial page has been rather good on privacy issues in the past, and willing to call out government hypocrisy.  They took a winger on this one and got it wrong.

A Look Over the Horizon? Look All Around!

You don’t have to look far over the horizon to know what life in America would be like if we had a national ID.  On Saturday, the Associated Press reported that a mall in Wauwatosa, Wisconsin is considering requiring ID from youths before they can enter.  This is private ordering, of course, but private ordering doesn’t happen in a bubble.  Private actors will be much more likely to check IDs if there is a nationally uniform ID system.

With IDs and credentials of different designs and from different issuers in our hands today, ID checking is relatively rare, and rarely automated.  Nonetheless, companies like Intelli-Check are pushing electronic ID-checking systems for nanny-state purposes. They would have a much easier time if all of us carried the same card and it was effectively mandatory.  Keep in mind that more ID checking equals more personal data collection.

In tiny Earlville, Illinois, a woman named Joy Robinson-Van Gilder has started a one-woman crusade against her local public school which decided to use fingerprint biometrics to administer the purchase of hot lunches in the cafeteria.  Despite her wishes, they fingerprint-scanned her 7-year-old, for a time refusing to allow him hot lunches if he wouldn’t use their system. 

The starting point for this kind of program is using it to manage lunch payments, but the ending point is a detailed record of each child’s eating habits and the school usurping the role of parents.  It’s no wonder government schools are at the center of so much social conflict.

There is nothing inherently wrong with identification or with biometrics but, unless they are adopted through voluntary choice, they will be designed to serve institutions and not people.

“Amen Brother” and Other Funky Breaks

Against Monopoly points to a YouTube video that tracks some of the history of the “Amen Brother” beat and sampling generally.  That’s the practice of taking pieces of an existing song and weaving it into a new one.

The video reminded me again of the upwelling of creativity that occurred in the late 80’s before sampling came on the the radar screen of copyright holders.  Though sampling remains possible, it is done less often because of the legal minefield one encounters when doing so.

“Amen Brother” is important, of course, but there are many other beats that contend for top honors. I went looking for James Brown’s “Funky Drummer” and came across this list of beats, calling itself “The 30 Greatest Hip Hop Drum Breaks & Samples of All Time.” Well, I’m not so sure, if it doesn’t have Funky Drummer, but listening to the beats connotes the dozens of songs that succeeded them. It’s an exciting window into our culture.

Finally, after much searching, I came across the Funky Drummer beat on this list. Enjoy the two-and-a-half seconds of bliss.

The point? Creative works are not just outputs of creative people - they’re also inputs to new creative works, a point made well by Greg Lastowka and Dan Hunter in their Cato Policy Analysis Amateur-to-Amateur: The Rise of a New Creative Culture.

The Federal Communications Commission Versus the First Amendment

Newspapers and movie studios have reasonably good protections from government intervention and censorship. But as Steve Chapman explains, the Federal Communications Commission successfully has limited the First Amendment rights of television networks:

The First Amendment’s guarantee of freedom of speech has complex implications, but it clearly means two things: The government cannot tell you what to say, and it cannot tell you what not to say. That is your own business, and if you conduct it in a way the government dislikes, the government can take a flying leap. Unless by “government” you mean the Federal Communications Commission. It operates on the assumption that in its special realm, the First Amendment is a nonbinding resolution.

In addition to the constitutional argument, he makes two excellent points. First, improving television quality (as defined by politicians) is not the business of government. Second, parents should decide what their kids see, not bureaucrats:

…parents who want to shield their kids from bad language on TV already have ample means to do so – via channel blocking and V-chips that can be used to filter out programs with content they regard as inappropriate. The FCC says these methods are ineffective because parents don’t use them. More likely, parents don’t bother because they don’t think the problem is serious enough to justify the effort to shield kids from words they’ve already heard on YouTube. To insert the federal government is not a way to strengthen the authority of parents but to circumvent it. …The idea that we need the FCC to assure educational opportunities for children is nonsense on stilts. In the first place, there are plenty of channels, from PBS to the Discovery Channel, that offer nothing but educational programming. …In the second place, any parents truly interested in exposing their children to intellectual stimulation are more likely to shut the TV off than turn it on. Even if more educational programming would be a good thing, what business is that of the government? More G-rated films would be a good thing, too, but we don’t force movie studios to produce them. …Today, most viewers no longer distinguish between cable and broadcast programs. So having different rules for each makes about as much sense as having different regulations for odd- and even-numbered channels.

Senator Susan Collins Supports National ID

I wrote here previously about Senator Susan Collins’ odd move to protect the REAL ID Act from a nationwide rebellion that began in her own state of Maine.  She had introduced a bill to extend the deadline for implementation of the REAL ID Act by two years.

Followers of REAL ID know that delaying implementation helps a national ID go forward by giving the companies and organizations that sustain themselves on these kinds of projects time to shake the federal money tree and get this $11 billion surveillance mandate funded.

It is now clear that the bill is intended to provide a key piece of support to proponents of a national ID, as shown by a press release on her Web site this morning touting a statement from the National Governors Association.  Collins has gone native, attending more carefully to the interests of national political organizations than to the interests of her constituents in Maine.

Representative Tom Allen (D-ME) has introduced legislation to repeal REAL ID and restore the identification provisions in the 9/11-Commission inspired Intelligence Reform and Terrorism Prevention Act.  Unlike Collins, he seems to be paying attention to his home state.  Politicians’ stances on REAL ID have affected their electability in the past.

Senator Collins should be well aware that delay can’t make the REAL ID Act work.  The real problem is the law itself, and it should be repealed.

Update: A DHS press release issued today announces that it will grant states an extension of the compliance deadline, and it will allocate funds from the Homeland Security Grant Program.  The money tree has already begun shaking.  Secretary Chertoff is quoted saying, “We are also pleased to have been able to work with Senator Susan Collins, and I believe that the proposed regulations reflect her approach.” 

Who You Gonna Believe, Me or Your Lying Eyes?

Here’s Representative Barbara Cubin’s (R-WY) letter to state legislators regarding the REAL ID Act, as reported in the Casper Star-Tribune:  “The new driver’s licenses will allow state and federal law enforcement to check the authenticity of a license, but will not grant access to state databases of private information.”

Now here’s section 202(d) of the REAL ID Act:

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.

Who you gonna believe?