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

Privacy Advocates Resist REAL ID Act
Some states, privacy advocates have joined to fight the 2005 federal law aimed at better validating identification.


By Katherine Walsh

June 21, 2007 — CSO — REAL ID may be more than just a real pain: It may have serious privacy implications as well.

The 2005 act was passed in response to the 9/11 Commission's recommendation that the government better ensure the validity of U.S. IDs. Real ID would require states to save digital copies of source documents such as birth certificates for driver's licenses and require states to share information in their driver’s license databases.

In theory, the new ID cards, which would include digital photographs and personal information in a machine-readable chip, would better verify the identity of people carrying the cards. But the legislation has raised the eyebrows of privacy advocates. In addition to the prohibitively expensive cost of implementation (estimates range between $11 billion and $23 billion) and the lack of compliance guidelines from the Department of Homeland Security, detractors argue that the creation of a national database poses inherent security risks, such as identity theft and counterfeiting. In May, 43 privacy, civil rights and consumer organizations launched a campaign to raise awareness and stop Real ID.

"There are 245 million identification cardholders nationwide. If you're linking 50 states together and providing multiple access points to multiple DMVs, that's a huge security risk," says Melissa Ngo, director of the Identification and Surveillance Project at the Electronic Privacy Information Center (EPIC). Furthermore, the current guidelines do not establish how the data would be secured. "There are background check requirements for the DMV workers who will be accessing the data, but the information itself is unprotected," says Ngo. "It's fundamentally flawed."

After the December 2009 compliance deadline, federal agencies will not accept licenses or ID cards from people unless the issuing state is meeting Real ID requirements. Noncomplying ID will not be valid for residents who want to fly on a plane or open a bank account. "It's not really voluntary because there are immediate punishments for not complying," says Ngo.

DHS pushed back the original implementation deadline by two years in response to criticism about the cost and lack of guidance from the federal government. In the meantime, states have to prove their intent to comply with the act. Maine, Idaho, Arkansas, Washington state and Montana have already rejected participation. Other states, including California, are planning and preparing.

Bernard Soriano, CIO at the California Department of Motor Vehicles, says his team has already started working on integrating verification systems (such as Systematic Alien Verification for Entitlements and Social Security Online Verification), upgrading equipment and adding storage capacity to computer systems in order to retain documents related to Real ID. Although the requirement doesn't come as a surprise to Soriano, he says that doesn't mean compliance isn't a daunting task. However, states don't have to feel completely helpless.

A Gartner report released in March outlines recommendations for states to prepare for Real ID: implement integrated document scanning, authentication and storage systems; develop privacy protections to prevent personally identifiable information from being exchanged between jurisdictions; and collaborate with other states to develop "pointer-type" systems to determine whether an individual already possesses an ID from another jurisdiction.

Additional reporting by Grant Gross of IDG News Service.


Other stories by Katherine Walsh



http://www.cio.com/article/120558/Priva ... EAL_ID_Act

Digimarc Hires Lobbyist for Real ID
Associated Press 06.21.07, 12:00 PM ET

Digital security company Digimarc Corp. hired a former lawyer for the commission that investigated the Sept. 11 attacks to lobby the federal government, according to a disclosure form.

Janice Kephart, whose firm 9/11 Security Solutions LLC was hired by Digimarc (nasdaq: DMRC - news - people ), will lobby on issues related to the federal Real ID Act, which imposes national standards for secure state-issued driver's licenses, according to the form posted online Wednesday by the Senate's public records office.

States must adopt the federal standards by a May 11, 2008 deadline, but can apply for an extension through Dec. 31, 2009.
However, states have complained it costs too much to comply with the law, which they maintain will create long lines at motor vehicle departments. Privacy advocates also say the law essentially establishes a national ID card.

Five states - South Carolina, Montana, Washington, Oklahoma and Maine - are refusing to participate in the program.
Beaverton, Ore.-based Digimarc says it provides products and services used to make more than 60 million personal identification documents, including two-thirds of U.S. driver licenses and IDs for more than 20 countries.

Under a federal law enacted in 1995, lobbyists are required to disclose activities that could influence members of the executive and legislative branches. They must register with Congress within 45 days of being hired or engaging in lobbying.

http://www.forbes.com/feeds/ap/2007/06/ ... 44846.html

DHS Telling Senate Immigration Sponsors to Kill Amendment

Helicopter Association International (HAI) reports the Bush Administration is urging the architects of a comprehensive immigration bill to reject an amendment on mandatory employment verification that both the business community and immigrant advocates support.

Homeland Security Secretary Michael Chertoff has sent a letter to the chief sponsors of the Senate immigration bill, setting up a confrontation between two competing models on verifying workers’ eligibility. The latest effort by Senators Charles Grassley (R-Iowa), Max Baucus (D-Montana), and Barack Obama (D-Illinois), as reported earlier this week on HAI’s RotorNews, is an amendment to craft an employment verification system that answers the privacy and workability concerns expressed by various groups.

The employment verification provisions in the underlying Senate immigration bill are the product of separate negotiations led by Senate Republican John Kyl of Arizona and the Homeland Security Department. Kyl wants workers to present fraud-proof identification that checks against government databases for work authorization.

Senator Grassley has expressed privacy concerns about using individual tax data as part of the process over a year ago. Secretary Chertoff says the Grasley-Baucus-Obama amendment would create “job security for criminal aliensâ€

ACLU to Senate: The Nation Opposes Real ID, It’s Time To Scrap It (6/7/2007)

FOR IMMEDIATE RELEASE
Contact: media@dcaclu.org

WASHINGTON, DC - The American Civil Liberties Union today called on Senators to support legislation stripping Real ID provisions from the Senate immigration bill. A flurry of recent activity in the state legislatures in the past week has made it clearer than ever that Americans oppose the act, and Congress needs to respond by repealing, not expanding Real ID. The ACLU also reported that a systematic review of 10,000 citizen comments on Real ID filed with the Department of Homeland Security (DHS) revealed that they were almost uniformly negative.

"How long can Washington close its eyes to the reality that Americans oppose Real ID?" said Caroline Fredrickson, director of the ACLU Washington Legislative Office. "As more and more states have slammed the brakes on Real ID, some in Congress seem to be flooring the gas pedal. If Congress keeps trying to implement this costly and unworkable law Americans don't want, the only possible outcome is disaster."

Fifteen states have now passed legislation opposing Real ID. Maine, the state that kicked off the Real ID rebellion in January with a resolution, on Monday became the latest to pass a binding statute. New Hampshire and South Carolina, meanwhile, are on the verge of also joining the rebellion by passing opt-out statutes of their own.

"The governors have spoken, the state legislatures have spoken and the people have spoken," said Barry Steinhardt, director of the ACLU Technology and Liberty Program. "Real ID has gotten a big 'thumbs down,' and no amount of superficial cheerleading can save it. Americans don't want a national ID and they don't want to be monitored."

The ACLU also revealed that its own systematic review of the approximately 10,000 citizen comments submitted to DHS in response to the department's proposed Real ID regulations found only 50 comments from citizens supported the proposed regulations or the legislation itself. The vast majority called Real ID at best unworkable and at worst dangerous. DHS has previously characterized the comments as "mixed." (The ACLU's review did not include approximately 2,000 comments that DHS has not yet posted online.)

"Real ID is far too serious an issue to be tucked away in a mammoth immigration bill," said Tim Sparapani, ACLU Senior Legislative Counsel. "Real ID sets new standards for invasions of privacy and puts Americans' most person information at risk. If the nightmare scenario were to come true and the government forced Real ID onto the states, this initial rebellion we've seen would turn into an outright revolt."

The Real ID Act, if implemented, would federalize state driver's licenses and turn them into a de facto national identity card. According to DHS's own estimates, it would cost taxpayers $23 billion. Every American would need a Real ID-compliant identification card in order to fly on commercial airlines or enter government buildings. The massive government databases created by Real ID would contain Americans' most personal information - including social security numbers and copies of birth certificates. This information would be accessible to thousands of state, local and government workers across the nation, creating a one-stop shop for identity thieves.

The results of the Belden Russonello and Stewart poll are online at: www.aclu.org/safefree/general/29847leg20070523.html

A map showing the status of anti-Real ID legislation across the nation can be found at: www.realnightmare.org/news/105/

STATES ARE TAKING A STAND AGAINST REAL ID.

Alaska
HJR 19, relating to opposition to the Real ID Act of 2005.

Arizona
SM 1003, urging the Congress to correct the unfunded mandate of the Real ID Act of 2005. (Passed Senate 29-0 on 2/19/07)

SB 1152, prohibits the state of Arizona from implementing Real ID. (Passed Senate 23-5 on 3/8/07; Passed House Committee unanimously 3/26/07).

Arkansas
SCR 16 requests that the Arkansas Congressional Delegation support the repeal of the Real ID Act. (Enacted 3/28/07)

SCR 22, urges congress to add critical privacy and civil liberty safeguards to the Real ID Act of 2005 and to fully fund or suspend implementation of the Real ID Act. (Enacted 3/28/07)

HB 2528, an act to opt out of the federal Real ID Act of 2005.

Colorado
HJR 07-1047, a resolution in opposition to the Real ID Act. (Enacted 5/4/07)

Georgia
SB 5, authorizing the governor of Georgia to delay compliance with the Real ID Act of 2005. (Enacted 5/11/07).

Hawaii
SCR 28, supporting United States Senate Bill 4117 to repeal Title II of the Real ID Act of 2005.
Check the bill's status.

SCR 29, supporting repeal of the Real ID Act of 2005.
Check the bill's status.

SCR 31, opposing the creation of a national identity card and the implementation of the Real ID Act of 2005. (Adopted 4/25/07)
Idaho
HJM 3, resolves that Idaho will not comply with the Real ID Act. (Enacted on 3/8/07).

Illinois
HJR 27, opposes any portion of the Real ID Act that violates the rights and liberties guaranteed under the Illinois and US Constitutions and urges Congress to repeal Real ID (Adopted 5/22/07).

Kentucky
HCR 122, urges Congress to repeal the creation of a national ID card and the Real ID Act of 2005. (Passed out of committee 2/20/07).

SCR 111, a concurrent resolution urging Congress to repeal the creation of a national ID card.

Louisiana
HCR 20, memorializes Congress to repeal the Real ID Act. (Adopted by House 5/21/07; Passed Senate committee 5/31/07)

Maine
SP 113, Maine's resolution against the Real ID Act of 2005 (Enacted 1/25/07).

LD 1138, an act to prohibit Maine from participating in a national identification system. (Passed by the Legislature 6/5/07)

Maryland
SJ 5, protesting the implementation of the federal Real ID Act of 2005; requesting the United States Congress to repeal the Real ID Act of 2005.

Massachusetts
SB 2138, memorializing the Congress on the Real ID Act.

Michigan
SR 62, a resolution to memorialize the Congress to reject the Real ID Act of 2005 and to express the intention of the Michigan Legislature regarding this Act.

Minnesota
HF 1438 prohibits public safety commissioner from complying with the Real ID Act.

SF 0984 Real ID Act compliance prohibition. (Passed Senate 4/18/07)

Missouri
HCR 20, relating to a prohibition on the implementation of the federal Real ID Act. (Adopted 5/17/07)

HB 868, prohibits the state from participating in any national ID system that uses driving records.

SCR 11 prohibits the state from participating in the implementation of the Real ID Act. (Passed committee 2/28/07)

Montana
HB 287, opposing implementation of Real ID in Montana (Enacted 4/17/07).

Nebraska
LR 28 opposes the enactment of the Real ID Act in Nebraska and urges Congress to repeal. (Adopted 5/30/07)

Nevada
AJR 6, urges Congress to repeal the Real ID Act of 2005. (Adopted 5/14/07)


SJR 5, Nevada Senate version of AJR 6, urging Congress to repeal the Real ID Act of 2005.


New Hampshire
HB 685, prohibits the state from participating in a national identification system. (Passed House 268-8 on 4/5/07; Passed Senate with amendments 5/24/07)

New Mexico
House Joint Memorial 13, calling for repeal of Real ID (Passed House of Representatives 2/1/07).

Senate Joint Memorial 11 (PDF), opposing the creation of a national identity card and the implementation of Real ID.

New York
Assembly Bill K 648, urging the NYS Congressional delegation to support measures to repeal the Real ID Act of 2005.
Senate Bill J 2096, urging the NYS Congressional delegation to support measures to repeal the Real ID Act of 2005.

North Dakota
SCR4040, urges the United States Congress to repeal the Real ID Act of 2005. (Adopted 4/20/07)

Ohio
HCR 18, urges the President and the Congress to repeal the Real ID Act.
Oklahoma
SB 464, opposing the implementation of Real ID in Oklahoma. (Enacted 5/23/07).

HCR 1019, memorializing Congress to repeal the Real ID Act of 2005. (Passed House 3/13/07)

Oregon
SB 424 (as amended) prohibits the state from complying with the Real ID Act without federal funds, guarantees of data security and privacy safeguards; also requires applicants for OR licenses to prove lawful presence. (Passed Senate 5/15/07)

HJM 11 urges congress to provide funding, guarantees of data security and privacy safeguards. (Passed House 5/15/07)


Pennsylvania
HR 100, a resolution memorializing the Congress of the United States to repeal or delay the creation of a national identification card and the implementation of the Real ID Act of 2005.

HR 101, urging the United States Secretary of Homeland Security to provide the assistance needed for implementation of the Real ID Act of 2005 and urging the Congress of the United States to provide the funding needed for implementation of the act.

HR 296, opposing implementation of the costly federal standards imposed under the Real ID Act of 2005. (Adopted 6/19/07).

SR 126, memorializing the Congress of the United States to repeal or delay the creation of a national identification card and the implementation of the Real ID Act of 2005.
Rhode Island
H 5474, a Joint Resolution opposing the implementation of Real ID.

S 865, opposing implementation of Real ID.
South Carolina
S 449, provides that the state will not participate in the Real ID program. (Enacted 6/13/07)

H 3989, memorializing Congress to repeal or decline implementation of the Real ID Act. (Adopted 5/31/07)


Tennessee
SJR 248, opposes implementation of Real ID. (Adopted 6/11/07)

SJR 333, urges repeal of the Real ID Act and states Tennessee's position of non-compliance.

Texas
HCR 148, refusing to implement the federal Real ID Act of 2005.

SCR 40, opposing the federal REAL ID Act of 2005 as an unfunded mandate.


Utah
House Resolution 2 calls on the US Congress to repeal the Real ID Act. (Passed the Utah House 66-0 with 9 members absent 2-16-07)

Vermont
Joint House Resolution 2, opposing implementation of the Real ID Act of 2005 in Vermont. (Passed House of Representatives 2/8/07)

Joint Senate Resolution 15, urges congress to appropriate funds for state implementation and adopt the changes to the REAL ID Act.

Washington
SB 5087 (PDF), opposing the implementation of the Real ID Act of 2005 in Washington State. (Enacted 4/18/07)

SJM 8005 (PDF), calling for the federal government to repeal the Real ID Act of 2005.
Check the bill's status.

West Virginia
SCR 38, urging the President of the United States and Congress to repeal the Real ID Act of 2005. (Adopted by Senate 2/15/07)

HB 3219 and SB 685, provide that West Virginia will not participate in the Real ID program.

Wisconsin
State Representatives Louis J. Molepske, Jr. (D-Stevens Point) and Jeff Wood (RChippewa Falls) introduced legislation on 6-7-07 calling for privacy safeguards and federal funding before compliance with Real ID. Press Release

Wyoming
House Joint Resolution 8, requesting Congress to repeal the creation of a national identification card and implementation of the Real ID Act of 2005. (Passed House of Representatives 2/5/07)


Map of legislative action

http://www.realnightmare.org/news/105/

Thanks for posting these girlygirl369

Most people cringe at the thought of agreeing with the ACLU as did I. But since they are largely tax payer funded and I am a taxpayer I will gladly accept their help to defeat them on this issue while fighting them every step of the way on just about every other issue they fight for.


I will not accept this id in any way shape or form.

What if we just ignore 'Real ID'?

No more flights or federal jury duty? Let’s just see

Our lawmakers in Salem have refused so far to go along with the federal “Real ID Act.â€

Planned worker ID called vulnerable
Effort to control immigration could boost identity theft

Carolyn Lochhead, Chronicle Washington Bureau

Monday, June 25, 2007

(06-25) 04:00 PDT Washington -- The linchpin of all new proposals to control illegal immigration, including a Senate bill up for reconsideration this week, is an electronic employer verification system to shut off the job magnet that has attracted millions of illegal workers to the United States.

A government that cannot issue passports to 3 million U.S. citizens in time for summer holidays is expected to create a vast work-authorization system for more than 7 million U.S. employers and eventually all 146 million U.S. workers that is quick, accurate and safe.

Yet according to a confidential new study commissioned by the Department of Homeland Security, the system that would do this -- known as Web Basic Pilot -- is vulnerable to identity theft, employer misuse, privacy breaches and data inaccuracies. Heavy enforcement would be required to prevent it from being evaded by illegal workers and employers alike.

Under the Senate bill, the Web Basic Pilot employee verification system would be expanded from a small, voluntary test involving 17,000 employers to a nationwide program starting 18 months after enactment. Employers would use it to check government databases held by the Social Security Administration and U.S. Citizenship and Immigration Services to determine if a new hire is authorized to work as a citizen, legal permanent resident or temporary worker.

Within three years, all workers, including U.S. citizens, would be checked.

The idea is to fix a fatal flaw in the 1986 immigration overhaul that made it illegal to hire unauthorized workers, but was never fully enforced because of rampant document fraud. The need for a new system is so universally accepted that its scope and implementation have drawn perhaps less scrutiny than any other aspect of immigration reform.

But while Web Basic Pilot is good at detecting fake documents, it is wide open to identity theft -- where a person may present a valid Social Security number that is stolen or borrowed from another person, according to a report by the Westat research firm. The study is circulating among lobbyists backing a controversial Senate amendment to narrow and possibly weaken the system.

Web Basic Pilot is not designed to detect identity theft, a growing problem involving credit card, bank and other kinds of financial fraud. Experts warn that a new national work-authorization program could increase identity theft exponentially by expanding the market for stolen identities of workers.

"It is likely that employees will more frequently obtain counterfeit, borrowed or stolen documents" from people who have work authorization, the study said.

Businesses, unions and immigrant advocates all criticize the program -- perhaps understandably because the plan is designed to weed out illegal employment.

But computer experts also warn of the difficulties in devising any system of such size. Peter Neumann, principal scientist at the Computer Science Laboratory in Menlo Park, three weeks ago outlined to Congress the manifold potential pitfalls, calling the state-of-the-art in such large-scale systems very poor.

Speaking for the Association for Computing Machinery, a scientific and educational group, Neumann said lawmakers frequently have outsized expectations of technological fixes for social problems. He also cited a string of government software development fiascos that include "many highly visible projects that have been late, over budget, or indeed abandoned after many years and large expenditures."

Two former chiefs of federal immigration, Doris Meissner, a Democratic appointee, and James Ziglar, a Republican appointee, wrote recently that if the current Web Basic Pilot becomes mandatory, "the incentive for generating documents with real but stolen Social Security numbers will significantly increase. Document vendors will charge ever-heftier fees to those seeking papers, employers will hire them with impunity, and the availability of work for unauthorized workers will continue to be a powerful stimulus for illegal immigration, this time seriously compromising the integrity of Social Security numbers and records."

Others contend that building such a system, while difficult and costly, is possible.

"No one is thinking this bill is going to be 100 percent Star Wars-style efficiency, but if we could get 90 percent of the way there, that's a huge improvement," said Stewart Verdery, a former policy official at the Department of Homeland Security.

The cost, he predicted, will run into the billions of dollars. "My worry is that we've underfunded the unsexy part of immigration enforcement for a long time -- the IT systems, the identification documents -- and have pumped money into Border Patrol agents" and virtual fences, Verdery said. "But when you look at the system, those are the things that really, at the back end, make this work."

Although the system's accuracy has greatly improved from earlier non-Web versions begun more than a decade ago, 8 percent of potential new hires are still not instantly verified, according to a study of the pilot program. Seven percent of all verification attempts were unresolved for one reason or another, in part reflecting the 5 percent of the work force that is illegal.

Still, error rates on the work-authorized foreign born remain unacceptably high, the study found, with a nearly 11 percent error rate, where a legally authorized worker is rejected by mistake, often because of failure to update records.

The system is vulnerable to anyone who might pose as an employer to gain access, the study found. Computer scientist Neumann warned that it is a certainty that criminals would begin crafting "phishing" e-mails pretending to be from the Department of Homeland Security requesting worker information from unsuspecting employers.

Under any circumstance, the study said, the system would require heavy enforcement -- including raids and monitoring -- to make it work.

The idea of the Senate legislation is to legalize those here illegally now, so they would not have to commit fraud to work, and provide for future legal workers through an authorized guest-worker program. But if people do not choose to legalize, or if a guest worker program proves cumbersome or inadequate to meet demand, the incentive to find a way around the new verification system will remain.

As a way to get around the identity theft problem, the system would rely on the proposed new REAL ID secure driver's license -- aimed at verifying legal status -- that many states are already resisting. Homeland Security chief Michael Chertoff insists that secure driver's licenses -- which would allow employers to check an online digital photograph in addition to a Social Security number to verify workers -- are essential to thwart identity theft, but Congress may eliminate that requirement. REAL ID driver's licenses aren't scheduled to go into effect until December 2009. The department is now testing a system with 80 employers that checks digital photos on green cards and other work authorizations for legal immigrants, but doesn't cover citizens.

Mike Aitken, director of government affairs for the Society for Human Resource Management, said current driver's licenses pose a big loophole. A person could steal a valid Social Security number that matches a name, present the number to a state motor vehicle department, have their picture taken, and walk out with "a legitimate driver's license issued by the State of California that I can then use for employment. It's the impostor's photo on the driver's license, and it's a legal, legitimate driver's license, but I have stolen someone's identity."

And because immigration documents are being made more secure, he predicted it will become "more likely that U.S. citizens' identities are going to be stolen and fraudulently used for employment by those who don't want to come out of the shadows. It's going to happen. It will be worse than what we have now."

Tim Sparapani, senior legislative counsel for the American Civil Liberties Union, argued that the system would give the government unprecedented power to deny people the right to work, but ultimately would prove ineffective.

"I think there is an erroneous concept post-9/11 in this country that somehow if we can just get your name and some data about you and get you on a card, we will have made our country more secure, or we'll stop immigrants from coming to this country, but none of that is really true," Sparapani said. "Those things are barriers, but they're easily overcome."

Critics contend that even tiny error rates can be greatly magnified when expanded to the entire workforce. About 60 million people change jobs each year alone. The Social Security Administration database has a 4.1 percent error rate because of name changes, data entry errors and other problems. If 149 million workers are checked through the system, that could yield more than 6 million errors, leading many legitimate workers into bureaucratic tangles and possibly overwhelming an already burdened Social Security Administration.

"As many people as change jobs in our country, even a 1 percent error rate would have a horrific impact on a lot of people," Verdery said.

E-mail Carolyn Lochhead at clochhead@sfchronicle.com.

This article appeared on page A - 4 of the San Francisco Chronicle

http://www.sfgate.com/cgi-bin/article.c ... QL6VH1.DTL

N.H. law bans Real ID

Wednesday, June 27, 2007
N.H. law bans Real ID

By NORMA LOVE
Associated Press Writer

CONCORD, N.H. (AP) _ New Hampshire joined five other states Wednesday in rejecting the federal Real ID Act as tantamount to requiring a national ID card.

"Here in New Hampshire, we pride ourselves on being frugal, and here in New Hampshire, we pride ourselves on respecting the privacy of our neighbors," Gov. John Lynch said at a bill signing.

South Carolina, Montana, Washington, Oklahoma and Maine also have rejected the federal act.

New Hampshire's law calls the act "repugnant" to the state and federal constitutions. The law prohibits the state from complying with the act, which sets standards for state-issued driver's licenses.

"We are not about to be coerced into an unfunded mandate, especially one we'd have to pay for with our privacy," Lynch said.

The bill also contains an unrelated provision to pay a death benefit for police and firefighters killed in the line of duty. Two police officers have died in the line of duty in the past eight months.

Real ID opponents said the state needed to send a clear statement that the federal government went too far in threatening individual privacy.

"We've got to pay attention to what the federal government thinks up for small states like New Hampshire," state Sen. Peter Burling said.

Last year, New Hampshire _ one of two states picked to pilot the Real ID program _ was the first state to consider rejecting the federal law, but the bill failed in the Senate.

Still, other states took up the fight. This spring Washington Gov. Chris Gregoire and Montana Gov. Brian Schweitzer signed similar bills blocking their states from implementing the national rules.

Rep. Neal Kurk, R-Weare, the prime sponsor of the New Hampshire bill, says legislation or resolutions have been introduced in at least 26 states opposing Real ID.

"Your voices were heard in Concord and hopefully will be heard in Washington," he said.

President Bush recently bowed to pressure from the nation's governors and Congress and granted states until Dec. 31, 2009, to comply. Two years ago, Congress set a deadline for states to meet uniform licensing standards by May 2008.

The law passed in response to the Sept. 11, 2001, terrorist attacks. It requires all states to bring their driver's licenses under a national standard and to link their record-keeping systems. States must verify identification used to obtain a driver's license, such as birth certificates, Social Security numbers and passports.

Driver's licenses not meeting the standard won't be accepted as identification to board an airplane or enter a federal building.

Critics complain the law is too intrusive and costly to states to implement. They also say a national database of drivers' information will be a target for thieves looking to steal identities.

Lynch and the Executive Council rejected the $3 million federal grant attached to the pilot project last year. Earlier this year, he reiterated his concern that Real ID could end up costing the state tens of millions of dollars for implementation and enforcement, and said he also had privacy concerns.

http://www.fosters.com/apps/pbcs.dll/ar ... 1/70627059

Legislators want state to reject ID
by Jake Stump
Daily Mail Staff

The Real ID Act is a real bad idea, according to states that have already passed laws defying the controversial initiative that would establish a national ID system.

Some West Virginia lawmakers are hoping the state follows the lead of six others -- Maine, Montana, New Hampshire, Oklahoma, South Carolina and Washington -- that have decided not to comply with the federal law requiring new driver's licenses nationwide.

This new system, first recommended by the 9/11 Commission, aims to thwart fraud, identify theft and terrorism.

But state legislatures say the law is too invasive of civil rights and would cost millions of dollars. The National Conference of State Legislatures estimates it would cost states more than $11 billion collectively.

Earlier estimates from the West Virginia Division of Motor Vehicles indicate the state would spend at least $65 million to meet the new federal requirements.

Sen. Clark Barnes, R-Randolph, believes that's an extremely conservative estimate and that West Virginia could actually be paying more than $200 million.

Barnes said he discussed the issue at length with Maine legislators at the recent legislative conference for the Council of State Governments in Puerto Rico.

Maine, which has a population of 1.2 million, estimated a price tag of $185 million. Barnes noted West Virginia has a higher population at 1.8 million and a similar driver's license system.

"I compared how they did their license applications, and it sounded like we were doing things identically," Barnes said. "So I would challenge the figures in our estimate."

Though the federal government is advising states to comply with Real ID, it is not contributing any money to the effort.

The federal government can't force states to comply, though residents of noncompliant states may be restricted from airports and federal buildings if their driver's licenses do not meet national standards.

But if that were the case, residents in those states would likely still be able to use other forms of ID to board planes or enter a federal building.

Barnes was one of 13 sponsors of bipartisan Senate legislation that was introduced in February to resist the Real ID Act. The House introduced a similar bill, but both fizzled out in committees.

Delegate Bonnie Brown, D-Kanawha, was one of the lead sponsors of the House bill. She believes the federal act would pose more harm on innocent, law-abiding citizens rather than its intended targets -- criminals and terrorists.

"It would be such a hardship, especially on elderly people," Brown said. "It's just a nightmare right now.

"I don't see how spending millions of dollars on this is going to prevent terrorism. And frankly, we don't have the money."

Lawmakers are hopeful the recent actions of other state legislatures will spur West Virginia into passing a bill before the May 2008 deadline for compliance. States are to have completed implementation by May 2013.

The federal law passed in response to the Sept. 11, 2001, terrorist attacks. It requires all states to bring their driver's licenses under a national standard and to link their record-keeping systems. States must verify identification used to obtain a driver's license, such as birth certificates, Social Security numbers and passports.

Lara Ramsburg, spokeswoman for Gov. Joe Manchin, said the governor has assembled a team that is currently evaluating the possible ramifications of Real ID.

She said she expected a decision from the governor by the end of summer on whether or not to commit to the system.

"The cost is a tremendous challenge," Ramsburg said. "There are also technology issues. Are we going to spend money putting this in and have to spend more down the road if rule changes alter it significantly?"

The new ID cards will contain the same information as current driver's licenses -- a person's name, date of birth, sex, ID number, address and signature.

But the cards might come in black-and-white, instead of color, and be printed on an expensive polycarbonate material.

The state's current driver's licenses already contain three layers of security -- overt, covert and confidential. Some of those features include the holograms and barcode on the license, which prevent duplication.

Some believe major civil liberties violations will emerge from a national ID system. That could pose an even bigger problem than any monetary costs associated with the act.

"It's not the Methodist grandmother in Buckhannon who's hijacking airplanes and threatening this country," Barnes said. "What really ticks me off is the federal government keeps asking us to give up our civil liberties to be safe. We've got folks coming in from the outside causing these problems."

Because every state will have easy access to a nationwide database under Real ID, Barnes believes West Virginia residents could be unfairly treated in other states. For instance, he wondered if a West Virginian heading to Canada for a hunting trip would be pulled over in Massachusetts and have the vehicle searched.

"Massachusetts is a state with very controlled gun laws," Barnes said. "Police could find out if he purchased a box of 30-30 shells in West Virginia through this system. Every agency in the country would know if he's made a purchase, and that bothers me."

Senate Judiciary Committee Chairman Jeff Kessler, D-Marshall, also sponsored the anti-Real ID bill earlier this year.

Kessler doesn't think the state will end up complying with the law.
"I'd be very reluctant to give the federal government any additional authority over these issues," Kessler said. "I've seen how the current administration has infringed on civil rights. But the Constitution gives individual states enough control over what goes on within their boundaries."

Contact writer Jake Stump at jakestump@dailymail.com or 348-4842.

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