Tag: national id

Is a ‘Non-Federal’ License Still a National ID?

The Department of Homeland Security has been pressuring state legislatures to implement our U.S. national ID law, the REAL ID Act. States are free to set their own policies because the DHS will always back down. But many state legislators don’t know that. They’re in a bind where they feel obligated to obey federal mandates, but they want to do right by the citizens of their states. Law-abiding Americans shouldn’t have to scrounge up long-lost identity documents, stand in line at DMVs, and see themselves entered into a national ID system just so they can carry a driver’s license.

So practical legislators are seeking that golden compromise, which the REAL ID Act seems to hold out. But watch your wallet, because a “non-federal” license may still be a national ID.

REAL ID permits the issuance of “non-federal” licenses and IDs. These can be issued without the many stringent, time-consuming, and annoying requirements of REAL ID. Such a card simply has to state clearly on its face that it may not be accepted by federal agencies for official purposes, and it must use unique designs or colors to indicate this.

But REAL ID also requires compliant states to give all other states access to the information contained in their motor vehicle databases. The law requires them to share all the data printed on the REAL ID cards, as well as driver histories, including motor vehicle violations, suspensions, and points on licenses.

That leaves an open question: Does the REAL ID Act require nationwide info-sharing on every licensee? Or just the licensees who carry REAL ID cards?

The question is important, because of the huge data security implications from exposing data about every driver to the motor vehicle bureau of every other state. A good reason to avoid REAL ID is to avoid the risk that a rogue DMV employee in any state can access the data of drivers in all the others. That’s a recipe for mass-scale identity fraud.

Drivers who are worried about identity fraud and their privacy should be able to opt out of this information sharing. While we’re at it, the privacy of security-conscious drivers could be protected if “non-federal” licenses came without the “machine-readable zone” that REAL ID requires. It allows easy collection of driver data and tracking with every swipe or scan of the card in a digital reader.

States should really resist REAL ID entirely. Congress should stop funding it and repeal the unnecessary and burdensome national ID law. But if there are to be “non-federal” IDs from compliant states, it would be nice if they offered Americans a way to opt out of the insecure information-sharing requirements in this national ID system.

What Is Real REAL ID Compliance?

This fall, the Department of Homeland Security and its pro-national ID allies staged a push to move more states toward complying with REAL ID, the U.S. national ID law. The public agitation effort was so successful that passport offices in New Mexico were swamped with people fearing their drivers’ licenses would be invalid for federal purposes. A DHS official had to backtrack on a widely reported January 2016 deadline for state compliance.

DHS continues to imply that all but a few holdout states stand in the way of nationwide REAL ID compliance. The suggestion is that residents of recalcitrant jurisdictions will be hung out to dry soon, when the Transportation Security Administration starts turning away travelers who arrive at its airport checkpoints with IDs from non-compliant states.

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.

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.

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. 

Why Should California Obey Federal National ID Demands?

If California were to decline to follow federal driver licensing mandates, would the Transportation Security Administration turn Californians away at our nation’s airports, preventing more than 10% of the nation’s population from flying? Of course not. The outrage would be palpable, and it would be directed at the federal government’s most unpopular agency, TSA.

But the incredibly low risk of federal punishment is apparently what spurred the California legislature to pass A.B. 1465, which now sits on Governor Jerry Brown’s desk. If signed, the bill would move California another step closer to compliance with the REAL ID Act, increasing the burden on California driver’s license applicants just a little more, so that TSA will continue to defer enforcement of the national ID law as to California.

But TSA hasn’t enforced REAL ID for any state since the statutory compliance deadline in 2008. (It’s ongoing mass deferment is disguised by crediting some states with satisfying a “material compliance checklist.” Find a history in our report, REAL ID: A State-by-State Update.) The reason why is not kindness on the part of the feds or good faith progress on the part of states. It’s the fact that the federal government does not have the power to demand compliance from states. State leaders would not be blamed if TSA denied people’s IDs at the airports. TSA would be.

There is no need for California to spend a dime on REAL ID compliance, but the most recent analysis of A.B. 1465 says the California DMV would incur costs of approximately $5.56 million in 2016-17 and $5.4 million each year after that. The legislator most responsible for delay and expense at the DMV is Assemblymember Rich Gordon (D-Menlo Park).

The spending is absolutely unnecessary. The federal government will always back down. There is no reason California should obey federal national ID demands.

China’s REAL ID Program

China is implementing its “toughest-ever” mobile phone real-name registration system, according to the Want China Times. The effort seeks to get all remaining unregistered mobile phones associated with the true identities of their owners in the records of telecommunications firms. Those who do not register their phones will soon see their telecommunications restricted.

This policy will have wonderful security benefits. It will make identity fraud, anonymous communication, and various conspiracies much easier to detect and punish—including conspiracies to dissent from government policy.

The United States is a very different place from China—on the same tracking-and-control continuum. We have no official policy of registering phones to their owners, but in practice phone companies collect our Social Security numbers when we initiate service, they know our home addresses, and they have our credit card numbers. All of these are functional unique identifiers, and there is some evidence that the government can readily access data held by our telecommunications firms.

We have no national ID that would be used for phone registration, of course. The Department of Homeland Security says it will begin denying travel rights to people from states that do not comply with the REAL ID Act beginning in 2016.