REAL ID: A few brief comments on the requirements

[Richard Forno]

After skimming through the REAL ID document just-released, here are a
few
comments.

Source document:
http://www.dhs.gov/xlibrary/assets/nprm_realid.pdf

>As discussed below and in section II.E.6 of the NPRM, the recommended
>architecture for implementing these data exchanges does not create
>a national
>database, because it leaves the decision of how to conduct the
>exchanges in
>the hands of the States.  Moreover, no Federal agency will operate
>the data
>exchanges affecting non-commercial driverbs licensing.

Translation:  "REAL ID will not reside in a single database, but
rather in a
collaborative (clustered) environment, with each state's database
constituting one portion of that environment (cluster.)  And it's not a
'national' or 'federal' database because no Federal agency will
operate it."
Splitting hairs here, aren't we? A rose by any other name......

>DHS believes that protecting the privacy of the personal information
>associated with implementation of the REAL ID Act is critical to
>maintaining
>the public trust that Government can provide basic services to its
>citizens
>while preserving their privacy.

Then to solidify the trust we're being asked to place in our
government, DHS
could start by calling this what it really is when you look past its
wrappings and bureaucratic mumbo-jumbo:  a National ID Card.

>Further, in almost all cases there is no way to verify
>independently from
>documents presented that an address is a personbs principal
>address.  A
>mortgage statement or lease may indicate that a person owns or
>rents property
>in a particular place, and while the landlord or bank holding the
>mortgage
>could verify this, it does not establish that this is the personbs
>principal
>residence, just that the ownership or rental is legitimate.  In
>addition, the
>cost to States of verifying a multitude of documents presented to
>establish
>address, such as utility bills, leases, mortgages, or other
>documents, is
>potentially significant. In spite of these limitations, there is a
>need for
>some reliability in the information presented for principal
>residence, as
>evidenced by the experience of the 9/11 hijackers and how they
>obtained
>Virginia driverbs licenses (see section II.D.3).  Therefore, DHS is 49
>proposing that the States require each applicant to present at
>least two
>documents that include his or her name and current principal
>residence.
>However, the States will retain the flexibility to determine for
>themselves
>precisely which documents, or combination of documents, an
>applicant must
>present to satisfy this requirement and how a State will validate
>or verify
>this information.  The proposed regulation would require States to
>establish a
>written policy identifying acceptable documents and how, or if,
>they will be
>independently validated or verified.  The proposal would also
>require that
>States provide this information to DHS as part of their initial
>certification
>package and whenever this

Translation: "While it's really difficult, if not impossible, to verify
independently someone's domicile address, it's important to ensure
accurate
location information on subjects listed in this new National ID
database to
prevent another 9/11 from happening. But because it's such a hard
requirement to get our hands around -- Americans are just so darn
free and
mobile --  a utility bill or bank statement probably would be good
enough....especially for government work."

>The primary benefit of REAL ID is to improve the security and
>lessen the
>vulnerability of federal buildings, nuclear facilities, and
>aircraft to
>terrorist attack.

Memo to DHS:  Reinforced cockpit doors fixed the primary vulnerability
responsible for 9/11 and were a long-overdue countermeasure.    And
exactly
how many members of the American public and/or visiting tourists just
'drop
by' a nuclear facility that you need to confirm their IDs before
granting
entry?  Are you saying that this is the case, and I can walk right
into my
local nuclear power plant and see the atoms in action?  If so, you've
got
much bigger problems to worry about than verifying my ID.

>The potential ancillary benefits of REAL ID are numerous, as it
>would be
>more difficult to fraudulently obtain a legitimate license and
>would be
>substantially more costly to create a false license.  These other
>benefits
>include reducing identity theft, unqualified driving, and fraudulent
>activities facilitated by less secure driverbs licenses such as
>fraudulent
>access to government subsidies and welfare programs, illegal
>immigration,
>unlawful employment, unlawful access to firearms, voter fraud, and
>possibly
>underage drinking and smoking.  DHS assumes that REAL ID would
>bring about
>changes on the margin that would potentially increase security and
>reduce
>illegal behavior.  Because the 109 size of the economic costs that
>REAL ID
>serves to reduce on the margin are so large, however, a relatively
>small
>impact of REAL ID may lead to significant benefits.

Let's not forget making it easier for identity theft to occur via a
closed
networked cluster of databases containing very private information
and the
likely ability (abuse) to use this de facto National ID card for
marketing
purposes or other purposes not even remotely-related to the primary
benefits
you cited earlier.

And this beauty, which is, quite literally, the LAST paragraph of
this 160+
page document:

>(a) States that issue driverbs licenses and identification cards
>that do not
>satisfy the standards of this Part after May 11, 2008, must ensure
>that such
>driverbs licenses and identification cards-- (1) Clearly state, on
>their face
>in bold lettering, as well as in the machine readable zone if the card
>contains one, that they may not be accepted by any Federal agency
>for Federal
>identification or other official purpose; and
>
>161 (2) Have a unique design or color indicator that clearly
>distinguishes
>them from driverbs licenses and identification cards that meet the
>standards
>of this Part.

Meaning if you value your privacy and refuse to carry a REAL ID or if
your
state decides that REAL ID indeed is the cost-prohibitive sham for
security
that it is and decides to not play with DHS' desire to create a
National ID
card, its citizens will be branded with the post-9/11 version of the
"Scarlett Letter" to let all who see their ID card know that they're
"different" --- or at least not "one of the good guys."  Stigmatized.
Branded. Marked.  Ostracized.  Segregated.  Will we have separate
bathrooms,
too?

REAL ID *must* be stopped.  For many reasons.

-rf





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