Monday, October 8, 2007

Real ID you need to know

If you haven't heard much about REAL ID in the newspapers, that's not an accident. The politics of REAL ID is almost surreal.

It was voted down, but has been reintroduced and attached to legislation that funds military actions in Iraq so that the REAL ID could be voted down. This is a "must-pass" piece of legislation, which means that there has been no debate on REAL ID. No hearings, no debates in committees, no debates on the floor. Nothing.

Near as I can tell, this whole thing is being pushed by Wisconsin Rep. Sensenbrenner primarily as an anti-immigration measure. The huge insecurities this will cause to everyone else in the United States seem to be collateral damage.

REAL ID doesn't go into effect until three years after it becomes law, but I expect things to be much worse by then. One of my fears is that this new uniform driver's license will bring a new level of "show me your papers" checks by the government. Already you can't fly without an ID, even though no one has ever explained how that ID check makes airplane terrorism any harder.. I've already heard rumblings about requiring states to check identities against "government databases" before issuing driver's licenses. I'm sure Secure Flight will be used for cruise ships, trains, and possibly even subways. Combine REAL ID with Secure Flight and you have an unprecedented system for broad surveillance of the population.

Unfortunately, many states are likely to cave in to REAL ID when/if the feds decide to throw more money at the issue. That, and not the infringements upon an individuals liberty's are seemingly the major sticking points for many of the states that are kvetching about it.

1st Let us talk about what is Real ID
Then look at what HLS has posted on there wed page and then look at what will the real id be.

A national database full of identification documents, images and data would entice many kinds of criminals, including terrorists who seek to steal the identity of a "trusted" individual.

Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005

Point 1
Congress enacted the law “without sufficient deliberation and without any public hearing or vote specifically on its merits” despite opposition from more than 100 different organizations, . It was adopted as an amendment to a tsunami relief and military spending bill.
As it did not pass on its own.

What is REAL ID?

REAL ID is a nationwide effort intended to prevent terrorism, reduce fraud, and improve the reliability and accuracy of identification documents that State governments issue.

Point 2.
At least 33 states are pushing for laws or resolutions blocking the program, the Senate recently held hearings on its implications for civil liberties, and the Department of Homeland Security's own privacy department gave the initiative the thumbs-down. So not much of Nationwide effort is it ?

What is a REAL ID license needed for?

The REAL ID Act requires that a REAL ID driver’s license be used for “official purposes,” as defined by DHS. In the proposed rule, DHS is proposing to limit the official purposes of a REAL ID license to those listed by Congress in the law: accessing a Federal facility; boarding Federally-regulated commercial aircraft; and entering nuclear power plants. DHS may consider expanding these official purposes through future rulemakings to maximize the security benefits of REAL ID.

Point 3
Using a single card for many identification purposes would be the same as using one key for every lock that you need to open. Using a single national ID card is a foolish, ineffective, and easily circumvented attempt at security.
The REAL ID Act requires driver's licenses to include a "common machine-readable technology." This will, of course, make identity theft easier. Assume that this information will be collected by bars and other businesses, and that it will be resold to companies like ChoicePoint and Acxiom. It actually doesn't matter how well the states and federal government protect the data on driver's licenses, as there will be parallel commercial databases with the same information.
Now what about this
REAL ID requires that driver's licenses contain actual addresses, and no post office boxes. There are no exceptions made for judges or police -- even undercover police officers. This seems like a major unnecessary security risk.

Not so bad right ?

The residential address requirements set out in the draft regulations endanger the ability of victims of domestic violence, sexual assault, and other crimes to hide from their abusers. Currently, many States allow domestic violence victims and others to protect the confidentiality of their residential addresses. States have created formal Address Confidentiality Programs and States have also provided general measures of residential address privacy. The proposed regulations override these substantial protections, and the overrides must be removed from the final regulations. The government must not make it easier for abusers to find their victims

What was released on March 1?

On March 1, 2007, DHS released a Notice of Proposed Rulemaking (NPRM) for the REAL ID act. This is a major step towards advancing the general requirements of the law into actionable plans for DHS and the States. The text of the NPRM is NOT the final rule. Rather, it is a draft of the rule that is being submitted for public comment. Constructive comments, both affirming and debating items in the NPRM, will help DHS determine the final rule.

Additionally, the NPRM, and the final rule, specify minimum requirements. States are encouraged to work beyond the minimum requirements as appropriate for their constituent’s needs.

Is this a National ID card?

No. The proposed regulations establish common standards for States to issue licenses. The Federal Government is not issuing the licenses, is not collecting information about license holders, and is not requiring States to transmit license holder information to the Federal Government that the Government does not already have (such as a Social Security Number). Most States already routinely collect the information required by the Act and the proposed regulations.

Point 4
I've already heard rumblings about requiring states to check identities against "government databases" before issuing driver's licenses.
Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers' licenses and ID cards, plus drivers' histories (including motor vehicle violations, suspensions, and points on licenses). Any state that does not link its database, containing records on all drivers and ID holders, to the database of the other states loses its federal funding.

Do the proposed regulations require States to collect fingerprints or iris images from drivers?

No. Though States may independently choose to implement biometrics into their driver’s license process, the NPRM does not require a State to collect fingerprints, iris images, or other biometric data in connection with obtaining a license and has no plans to serve as a repository for the face images the states will collect.

Point 5
Most States do take fingerprints , and iris images are done also

What is the Machine Readable Technology specified in the NPRM?

The regulations propose the use of the 2-D barcode already used by 46 jurisdictions (45 States and the District of Columbia). DHS leans towards encrypting the data on the barcode as a privacy protection and requests comments on how to proceed given operational considerations.

Point 6
The data verification procedures mandated by the draft regulations are based on faulty premises: DHS relies on non-existing, unavailable or incomplete databases and the mistaken belief that DMV workers can or should be turned into Federal immigration officers. Each assumption creates more problems in the Department of Homeland Security's attempt to create a fundamentally flawed national identification system. Under REAL ID, the states must verify applicant documents and data with the issuing agency. DHS states that, "[f]or individual States to verify information and documentation provided by applicants, each State must have electronic access to multiple databases and systems . . . . Secure and timely access to trusted data sources is a prerequisite for effective verification of applicant data." Yet, beyond the national identification system created by the State-to-State data exchange, two of four verification systems required are not available on a nationwide basis and third does not even exist. The State Department system to verify passports and some reports of births has not even been created, but DHS bases its mandates on the assumption that the system "is eventually developed."


Will REAL ID driver’s licenses include RFID cards?

The NPRM does not specify the use of RFID cards as a minimum standard. States may independently choose to implement an RFID solution, in addition to the standard 2-D barcode, to meet their constituent’s needs.

Original legislation but can be added later
Original legislation contained one of the most controversial elements which did not make it into the final legislation that was signed into law. It would have required states to sign a new compact known as the Driver License Agreement (DLA) as written by the Joint Driver's License Compact/ Non-Resident Violators Compact Executive Board with the support of AAMVA which would have required states to give reciprocity to those provinces and territories in Canada and those states in Mexico that joined the DLA and complied with its provisions. As a part of the DLA, states would be required to network their databases with these provinces, territories and Mexican states. The databases that are accessible would include sensitive information such as Social Security numbers, home addresses and other information. The foreign states and provinces are not required to abide with the Drivers Privacy Protection Act (DPPA) and are free to access and use the sensitive information as they see fit.

NOTE TO READER: You should know WHAT IS THE AAMVA

(The American Association of Motor Vehicle Administrators (AAMVA) is a non-governmental, voluntary, tax-exempt, nonprofit educational association. AAMVA is a private corporation which strives to develop model programs in motor vehicle administration, police traffic services and highway safety. The association serves as an information clearinghouse for these same disciplines, and acts as the international spokesman for these interests. The association is composed of Motor Vehicle and Law Enforcement Administrators and Executives from all 50 states, the District of Columbia, and Canadian Territories and Provinces (the "jurisdictions"). The States of the Republic of Mexico are invited to join as well, especially since the passage of the North American Free Trade Agreement and the Real ID Act of 2005.)

Traffic violations would be required to be sent to the licensing jurisdiction and be recorded. The licensing jurisdiction would be required to act on the violation according to its own laws such as assigning points and insurance surcharges to the driver not only for violations reported from DLA members but also from non-DLA members as well. The DLA requires member states to treat non-DLA states as if they are DLA members concerning their drivers.

Since foreign countries are included, there are no procedures to deal with due process issues such as a U.S. driver getting cited for a violation in a foreign country. Although not discussed, other countries could sign on to the DLA at a later time, such as the European Union countries.

Look if you think what can I do about this ? you and other can help to stop this your not all alone

, Utah unanimously passed a resolution which opposes the REAL ID Act. The resolution states that REAL ID is "in opposition to the Jeffersonian principles of individual liberty, free markets, and limited government." It further states that "the use of identification-based security cannot be justified as part of a 'layered' security system if the costs of the identification 'layer'--in dollars, lost privacy, and lost liberty--are greater than the security identification provides."

Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, South Carolina, Tennessee, and Washington have joined Maine in passing legislation opposing Real ID. A similar bill is pending in Massachusetts.

Other states have moved aggressively to upgrade their IDs since 9/11, and still others have staked decidedly pro-Real ID positions, such as California and North Carolina. In announcing the new regulations, Secretary of Homeland Security Michael Chertoff cited California, Alabama and North Dakota as examples of states that had made progress in complying with Real ID.

New York's new policy of issuing driver's licenses to undocumented residents upon presentation of a valid foreign passport goes against the requirements for documentation of legal status and a valid Social Security Number.


Employers don’t need REAL ID to verify the eligibility of their employees. They currently check eligibility using existing documents, such as birth certificates, a drivers license, or a passport.
This is like someone offering to give you 'free' windshield wipers so long as you pay for the brand new BMW. The American people do not want a national ID card. It's time for REAL ID to be put out of its misery and thrown out with the trash.

The Senate will be voting on funding Homeland Security , and one national ID card-loving politician is trying to slip-in a little REAL ID funding: he needs to be stopped.

But backers say the driver's license -- a primary means of identification in the United States -- is fundamentally insecure because of widespread identity theft.

Security expert Bruce Schneier, EPIC and others have explained that it decreases security to have one ID card for many purposes, as there will be a substantial amount of harm when the card is compromised. There is also the threat that

REAL ID is ostensibly trying to protect against: forged identification cards. Investing so much trust into one card means that criminals will only have to forge one identification card.

"No matter how unforgeable we make it, it will be forged. We can raise the price of forgery, but we can't make it impossible. Real IDs will be forged," Schneier said.

A national database full of identification documents, images and data would entice many kinds of criminals, including terrorists who seek to steal the identity of a "trusted" individual.

1 comment:

kawnipi said...

Actually, you can fly without an id. See http://flywithoutid.blogspot.com/