Thread: Support H.R.220 - Common Sense About Identity Theft & RE

Opposition to National ID Continues to Grow
May 11, 2007
By Tom DeWeese

Five states, Idaho, Washington, Montana, Arkansas and Maine, have enacted legislation informing the federal government that their states will not comply with the Real ID Act, a law passed by Congress in 2005 which will essentially transform driver’s licenses into a national ID Card.

The Act requires each state to change their driver’s license system to meet national standards and ensure that their databases are linked with other states and is set to take effect by May, 2008.

Under the Act, states and federal government would share access to a vast national database that could include images of birth certificates, marriage licenses, divorce papers, curt ordered separations, medical records, and detailed information on the name, date of birth, race, religion, ethnicity, gender, address, telephone, e-mail address, and Social Security Number for more than 240 million with no requirements or controls on how this database might be used. Many Americans may not have the documents required to obtain a REAL ID, or they may face added requirements based on arbitrary and capricious decisions made by DMV employees.

States are in revolt primarily because they simply cannot afford to comply. Estimated costs for full implementation are as high as $14.6 billion (or $292 million per state. Moreover, individuals will have to cover an additional $7.8 billion in additional fees, raising the price tag for the Real ID Act to $23 billion. In many cases the technology necessary for compliance actually does not exist. Moreover, in March, 2007, the Department of Homeland Security (DHS) released 162 pages of proposed regulations which States are supposed to implement as part of the Real ID Act.

Under the DHS dictates, the Real I D Act is nothing more than a federal take over of state Department of Motor Vehicles (DMVs). Everything for the color of the card backgrounds to the fonts used must conform to federal standards. States will have to completely overhaul their systems to comply.

The DHS requires states to set up information databases that are shared by all states, to allow information verification for driver’s licenses, passports and foreign documents, yet the technology to do that doesn’t yet exist. There isn’t even a national database system yet in place to verify birth certificates.

The DHS regulations do nothing to protect individual privacy in its proposed data bases. It conveniently says it "would be outside its authority to address this issue (privacy)." It simply leaves the issue for states to work out.

The DHS regulations require that every citizen applying for a driver’s license must present two verifiable documents to prove identity. That requirement alone will create massive lines and backups in DMVs across the nation as every single American will have to provide such information. Worse, the same documentation will be required for RENEWAL as well. Some estimate the time required to get a new driver’s license will be at least four months. Proof of address must be shown with not just one document, but two. Birth certificates must be verified with state vital records offices, even though, as stated, there is no database from which to access such information.

And the new system will do absolutely nothing to stop terrorists or illegals from acquiring driver’s licenses, nor will it protect us from identity theft. Because the DHS acknowledges that it needs an exemption allowing individuals to bypass many of the states’ verification and document requirements, identity thieves and terrorists will have huge loopholes to exploit to obtain Real IDs.

These are the reasons why the five states mentioned above have passed legislation refusing to comply. They simply can’t.

In addition to those five states, thirteen more states have passed legislation in one chamber of their legislatures to refuse compliance, including; Nevada, Arizona, New Mexico, Utah, Wyoming, Oklahoma, Missouri, Minnesota, Georgia, South Carolina, West Virginia, Vermont and New Hampshire.

Nine states have introduced legislation that is still waiting action including; Oregon, Texas, Nebraska, Illinois, Kentucky, Michigan, Pennsylvania, Maryland and Massachusetts.

The federal government overstepped its Constitutional bounds when it tried to force the creation of a National ID on Americas. Now the states are what they should always when faced with that situation – they are saying no. Hopefully that will become a habit.

http://www.americanpolicy.org/more/main.htm

Backlash grows against US government ID plans
States rebel agaisnt Washington Real ID plans
By Jaikumar Vijayan, Computerworld
________________________________________
A privacy committee of the US Department of Homeland Security (DHS) has joined the growing opposition to the controversial Real ID bill, which proposes to create a national standard for driver's licences and other forms of state-issued identification.

In comments submitted to the DHS earlier this week, the department's Data Privacy & Integrity Advisory Committee called the Real ID Act "one of the largest identity management undertakings in history" and said it raises serious privacy, security and logistical concerns.

"These include, but are not limited to, the implementation costs, the privacy consequences, the security of stored identity documents and personal information," the committee noted. It also cited other concerns such as mission creep, redress and fairness issues.

The Real ID Act of 2005, passed as part of a wider effort to combat terrorism, sets minimum national standards that states must use when issuing drivers licences and other forms of identification. This includes a photo ID, documentation of birth date and address, proof of citizenship or immigration status and verification of Social Security numbers.

States are required to hold digital images of each identity document for between seven and 10 years. The cards themselves will include all of the standard elements found on most drivers licences today and will be machine-readable to allow for the easy capture of information from the card.

States are not mandated to issue Real ID cards. However individuals would need Real ID-compliant cards for air travel or for getting into federal buildings such as courthouses and nuclear facilities or for receiving federal benefits. Under the act, all state driver's licence databases would be linked with each other in one system with shared access.

The proposal to issue Real ID cards has provoked a firestorm of protest from several quarters. Much of the concern stems from fears that the card would become a de facto national ID system that would be hard to manage and even harder to secure. There are also fears that the cards could eventually be used for a wide set of purposes - including surveillance by the US government.

The DHS committee comments echoed those concerns. The DHS draft regulations, for instance, make no mention of a comprehensive plan for securing the stored identity data that states around the country could use. Neither is there any mention of specific steps that states need to take to prevent the unauthorised access of information from the machine-readable strips on the back of the proposed cards, the committee said.

On the privacy front, the proposed DHS rule does not make states accountable for the personal data that they will be required to collect.

The rules also are silent on the issue of how states will respond to and redress inquires and complaints about the use of personal information. Similarly, the proposed rule does not require state agencies to provide tell consumers about the data collection, the purposes for which it will be used or how it will be stored.

"Failure to provide openness and transparency undermines accountability and trust," the DHS committee noted in its comments.

Similar concerns were expressed in comments submitted jointly on 8 May by the National Governors Association, National Conference of State Legislatures and the American Association of Motor Vehicle Administrators. Those comments did express support for Real ID's stated goal of improving the security and integrity of state-issued driver's licences and ID cards. But the entities say the implementation date is far too soon, reiterating suggestions for a "workable extension" of the deadline and additional money for states to implement Real ID requirements. Without those changes, the measure is flawed, they said.

Those concerns come on top of a litany of opposition from other quarters. Last week, a coalition of more than 40 privacy advocacy groups launched a nationwide campaign to muster public opposition to the bill. In addition, more than 30 states have expressed reservations with the Act, with several including Washington saying they will not issue Real ID cards. Several members of the US Congress have also expressed their opposition.


http://link.toolbot.com/computerworlduk.com/79526

May 1, 2007
S. 1260
A bill to protect information relating to consumers, to require notice of security breaches, and for other purposes. Sponsor: Sen. Thomas Carper; introduced 5/1/07.

Posted by EPIC at May 1, 2007 1:42 PM

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May 3, 2007


UPDATE: More Than 50 Groups Join Anti-National ID Campaign
A number of groups, including the Coalition Against Prosecutorial Abuse and Asian American Legal Defense and Education Fund, have joined a campaign against REAL ID. Fifty-four groups are urging the public to submit comments against the illegal national identification system created by the Department of Homeland Security under the REAL ID program. DHS seeks to create a massive system filled with sensitive personal data on 240 million license and ID cardholders nationwide, yet has failed to include adequate privacy and security safeguards.

Posted by EPIC at May 3, 2007 3:56 PM

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« H.R. 2220 | Main | S. 495 Personal Data Privacy and Security Act of 2007 »

May 10, 2007
Open Markup: Spy Act and Social Security Number Protection Act
On Thursday, May 10, the House Energy and Commerce Committee will hold a full committee open markup session to consider both H.R. 964, the "Securely Protect Yourself Against Cyber Trespass Act" (the Spy Act), and H.R. 948, the Social Security Number Protection Act of 2007. The markup will take place at 2:30pm in room 2123 Rayburn.

Posted by EPIC at May 10, 2007 9:50 AM

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1:05 P.M.
Oregon Senate says no to federal Real ID Act and yes to legal presence
May 15, 2007
The Oregon Senate today overwhelmingly rejected federal requirements for national identification cards, part of the 2005 federal Real ID Act.
In a surprise maneuver, Democratic and Republican senators voted to replace Senate Bill 424, which rejected the federal law altogether unless certain conditions could be met, with a substitute measure that also rejects the act.
The substitute, SB424-MR6, does basically the same thing as SB424, except it includes a provision that would require all drivers in the state to provide proof of citizenship or legal presence in the nation.
The newly adopted measure, which carries a $10 million fiscal impact, next goes to the Ways and Means Committee.

http://www.statesmanjournal.com/apps/pb ... 0670515013

The debate over national ID cards
Identification cards and national security
Security Strategies Newsletter By M. E. Kabay, Network World, 05/15/07

The REAL ID Act: is currently the subject of hot debate in the Judiciary Committee of the U.S. Senate.

One proponent of the act says its purpose is “to make sure our driver’s licenses and government issued IDs can’t be faked. We need to hold employers accountable for hiring illegal workers, and real IDs will make this enforcement possible.â€

Lawmakers chop back Real ID funding

Geoff dornan
Appeal Capitol Bureau, gdornan@nevadaappeal.com
May 16, 2007


Lawmakers voted in committee Tuesday to fund the federal Real ID at a minimal level in hopes the states can convince Congress to either scale back the requirements or pay for implementation.

Instead of the $30 million DMV officials said was necessary to fully comply with the act, the joint Ways and Means/Senate Finance subcommittee put just $300,000 in the budget for the next two years to hire one person to begin putting a state plan together.

Real ID was added without hearings to legislation to pay for hurricane Katrina relief, and requires all states to meet tough standards by 2008 for issuing driver's licenses. It requires every driver to produce positive ID such as a birth certificate and proof they are lawfully in the U.S. And it requires the driver's license itself be tamper-proof and incorporate high-tech features.

But DMV Director Ginny Lewis testified earlier this year it will cost $30 million over the next two years and a total of more than $60 million to fully implement. And implementation means forcing every Nevada driver to find birth certificates and other documents and show up in person to renew their license.

Assemblywoman Kathy McClain, D-Las Vegas, moved to fund only one position to meet minimal federal requirements while staff seeks an extension for Nevada and works with other state DMV offices to get changes made to Real ID.

"It may go away in the meantime," she said. But in its present form, the said Real ID would have a "chaotic impact" on the state.

Sen. Bob Beers, R-Las Vegas, seconded her motion, saying if Congress refuses, it might be cheaper to hold a one-day special legislative session to meet the requirements than to fund it now.

"Right now we're shooting in the dark," he said.

Lewis said after the vote the action shouldn't cause her any problems at this point.

"It just delays it until the final rules are out in the summer."

She said the action will allow her to hire a project manager to develop a state plan.



• Contact reporter Geoff Dornan at gdornan@nevadaappeal.com or 687-8750.

http://www.nevadaappeal.com/article/200 ... /105160076

State says Real ID plan will cost $150m
Predicts agencies will be swamped
By Yvonne Abraham, Globe Staff | May 16, 2007

The Patrick administration says a federal law that would tighten drivers' license regulations would cost the state more than $150 million and overwhelm agencies that would have to process millions of new documents and to verify the identity and immigration status of every Massachusetts driver.

In a strongly worded letter to the Department of Homeland Security, Anne L. Collins, registrar of motor vehicles, criticized the law's "excessive demands on state funds, impractical time line, potential harm to citizens' privacy and possible deleterious effects on public safety."

Patrick and his administration have previously voiced disapproval of the Real ID Act, which requires states to verify the identities of people who apply for or renew drivers licenses, starting next spring, and to make sure they are American citizens or US residents. But the May 7 letter is the most pointed criticism yet, registering a host of objections as federal officials sought feedback in a 60-day comment period that ended May 8.

In the letter, Collins said implementing the stricter federal regulations would cost the Registry an extra $100 million in the first year, and $40 million each year after that, three times the current funding level. The Registry of Vital Records and Statistics would have to come up with an extra $19 million in the first year and $360,000 above its usual budget every year thereafter. That would be more than five times the current funds commanded by the agency.

"You can't find anybody who wants this thing," said Juliette Kayyam, homeland security adviser to Patrick. "We think it has negligible security benefits."

Russ Knocke, a spokesman for the Department of Homeland Security, said the department would review all of the comments that had been received on the regulations, which by the end of the comment period had numbered 12,000. He said that the comments would "potentially be reflected in the final regulations" but that the regulations would probably go forward.

Verifying the identities of residents, along with their immigration status, is necessary to help the government spot potential terrorists, he said.

"We have a choice," he said. "We can do nothing and sit back and hope we get lucky, or we can take steps today. Admittedly some [of the regulations] are a little burdensome, but we have to shut down a known vulnerability before it comes back to haunt us."

http://link.toolbot.com/boston.com/79525

May 16, 2007
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REAL ID Rebellion Comes to Illinois
by Jim Harper

Jim Harper is Director of Information Policy Studies at the Cato Institute.


In 2005, Congress passed the REAL ID Act in the name of national security. By next May, states will have to force their citizens to comply with strict federal standards for driver's licenses and other forms of identification or their driver's licenses and IDs won't be usable for "federal purposes" like passing through airport checkpoints. Civil liberties advocates believe REAL ID reduces Americans' freedom and privacy, but what's most important is that it doesn't appreciably increase security. In fact, the law is likely to reduce Americans' security in important respects.

Add to this that the Department of Homeland Security estimates that the bill cost states and individuals $17 billion — over $50 for every person in the country — and the recipe for state rebellion is complete. Arkansas, Idaho, Maine, Montana, Washington, North Dakota, Colorado, and Hawaii have already passed bills to protest or refuse the REAL ID Act, and there is unrest in other states.

Now Illinois is joining the fray. Without opposition, the Illinois House passed a joint resolution on April 19 urging the state Congressional delegation to repeal REAL ID. The state legislature and Governor Blagojevich should now take the next step and simply refuse to implement the law. The resolution provides ample reasons.

For one, it points out that the law would "leave identification systems open to insider fraud, counterfeit documentation, and database failures." We hear again and again about government and corporate data breaches, which are a fundamental risk of compiling valuable information in one place. REAL ID would not make IDs much more secure, but it would make databases of sensitive information about law-abiding citizens available to wily hackers and corruptible DMV employees. If you think identity theft is bad now, wait until scanned copies of our birth certificates are available to the crooks along with our Social Security numbers.

REAL ID-compliant licenses will have a nationally uniform machine-readable technology, most likely a 2D bar code. Government officials would be able to scan us like cans of peaches at the grocery store. We do not want to follow the lead of places like the Soviet Union, apartheid South Africa, and more recently genocide-scarred Rwanda, where national IDs were put to very harmful uses.

In addition to the $17 billion implementation cost, REAL ID will overwhelm already strained DMVs across the country, especially in Illinois with its nearly 13 million people. That is a lot of paperwork. Lines and waiting times are long enough as it is.

REAL ID proponents are incorrect in stating that a national ID would reduce terrorism; most terror attacks occur in countries that have national ID cards. REAL ID would not add to our country's protections. All that will change is that the terrorists would have to wait in long lines and fill out more paperwork — along with every law-abiding, native-born citizen.

With little security benefit, a high financial cost, and a disregard for civil liberties, the REAL ID law should be scrapped. Congress has just begun to show interest in repeal, so the time is right to refuse enforcement. The momentum is favorable, and Illinois is well positioned to be a leader. Joint Resolution 27 is an excellent start.


This article appeared in the Springfield Journal-Register on May 16, 2007.

http://www.cato.org/pub_display.php?pub_id=8242