Dave, Congressional passage of the "Real ID" legislation is now all but a done deal, House and Senate conferees having agreed to inclusion of language in an appropriations bill that is all but certain to pass. The name "Real ID" is, if anything, too modest. Despite deep public opposition over the years to a national identity card, and Congress's unwillingness to even consider the idea directly, our security agencies have now gotten what they want as proponents have succeeded in pushing through Congress a National ID-in-disguise. The "Real ID" Act is indeed a real (national) ID. Although individual states' driver's licenses may continue to exhibit cosmetic differences, they will now contain a standardized set of information collected by all 50 states, which means that underneath each state's pretty designs they are really a single standardized national card - backed up not only by biometrics, but also by a standardized "machine- readable zone" and by a national database of ID information. Local DMV offices may continue to appear to be state offices, but they will now become agents acting on behalf of the federal government, charged with issuing a national identity document without which one will be unable to function in America. National database creates powerful tracking tool. Real ID requires the states to link their databases together for the mutual sharing of data from these IDs. This is, in effect, a single seamless national database, available to all the states and to the federal government. (The fact that the database is a distributed one, maintained on interconnected servers in the separate states, makes no difference.) National database creates security risks. The creation of a single interlinked database creates a one-stop shop for identity thieves and terrorists who want to assume an American's identity. The security problems with creating concentrated databases has recently been demonstrated by the rampant number of data breaches in recent months in which information held by commercial database companies has fallen into the hands of identity thieves or others. The government's record at information security is little better and that is especially true at state Motor Vehicle Departments that have routinely been the targets of both insider and outsider fraud and just plain larceny. The "machine-readable zone" paves the way for private-sector piggybacking. Our new IDs will have to make their data available through a "common machine-readable technology." That will make it easy for anybody in private industry to snap up the data on these IDs. Bars swiping licenses to collect personal data on customers will be just the tip of the iceberg as every retailer in America learns to grab that data and sell it to Choicepoint for a dime. It won't matter whether the states and federal government protect the data - it will be harvested by the private sector, which will keep it in a parallel database not subject even to the limited privacy rules in effect for the government. This national ID card will make observation of citizens easy but won't do much about terrorism. The fact is, identity-based security is not an effective way to stop terrorism. ID documents do not reveal anything about evil intent - and even if they did, determined terrorists will always be able to obtain fraudulent documents (either counterfeit or real documents bought from corrupt officials). Negotiated rulemaking. Among the any unfortunate effects of this legislation is that it pre-empts another process for considering standardized driver's licenses that was far superior. That process (set in motion by the Intelligence Reform Act of 2004) included a "negotiated rulemaking" among interested parties - including the states and civil liberties groups - to create standards. Instead, the worst form of rules is being imposed, with the details to be worked out by security officials at DHS instead of through balanced negotiations among affected parties. "Your papers, please." In the days after 9/11, President Bush and others proclaimed that we must not let the terrorists change American life. It is now clear that - despite its lack of effectiveness against actual terrorism - we have allowed our security agencies push us into making a deep, far-reaching change to the character of American life. Barry Steinhardt Director Technology and Liberty Project American Civil Liberties Union ------------------------------------- You are subscribed as eugen@leitl.org To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/ ----- End forwarded message ----- -- Eugen* Leitl <a href="http://leitl.org">leitl</a> ______________________________________________________________ ICBM: 48.07078, 11.61144 http://www.leitl.org 8B29F6BE: 099D 78BA 2FD3 B014 B08A 7779 75B0 2443 8B29 F6BE http://moleculardevices.org http://nanomachines.net [demime 1.01d removed an attachment of type application/pgp-signature which had a name of signature.asc]