[CitizensTruth] ARTICLE- Real ID
Walterb306 at cs.com
Walterb306 at cs.com
Tue Sep 9 09:58:24 EDT 2008
All,
FYI,
Beverley
REAL ID: CONNECTING THE DOTS TO AN INTERNATIONAL ID
By Representative Sam E. Rohrer
August 24, 2008 NewsWithViews.com
History offers many examples of societies which have sought to increase
security by sacrificing freedom. America itself provides many pertinent
instances. However, our founding fathers have not left us without wisdom on
this issue. Ben Franklin has famously stated, "People willing to trade
freedom for temporary security deserve neither and will lose both." REAL ID
undoubtedly exemplifies a scenario in which a difficult tension exists
between freedom and security. By commandeering every state's driver's
license issuing process, REAL ID threatens the results warned by Franklin -
loss of both freedom and security. It has become the biometric enrollment
phase of a plan to implement a terribly invasive tracking system, largely
without public knowledge or approval.
REAL ID is merely the current face of a far larger, international government
and private economic effort to collect, store, and distribute the sensitive
biometric data of citizens to use for the twin purposes of government
tracking and economic control. At issue are much more than standardized or
non-duplicative driver's licenses. This effort extends worldwide,
threatening every person alive today. Although very legitimate security
concerns exist in this age of terrorism, this Act extends far beyond
terrorism prevention or protection of the innocent. Keeping that broad
picture in mind, let us move to some background behind the face of REAL ID
implementation in America.
The REAL ID Act passed Congress in 2005 buried in a "must-pass" war funding
and tsunami relief bill. The little debate in the House and total absence of
debate in the Senate ensured that many Congressmen did not realize the full
implications of REAL ID. Importantly, the desire by government and economic
interests to implement a national tracking and ID system did not start with
the REAL ID Act in 2005. Under the guise of security, it has been attempted
numerous times in the past, even during Ronald Reagan's administration. When
former Attorney General William French Smith proposed to implement what he
called a "perfectly harmless" national ID system as well as when a second
cabinet member proposed to "tattoo a number on each American's forearm,"
Ronald Reagan responded, "My God, that's the mark of the beast," signaling
an abrupt end to the national ID debate during the Reagan years.
The significant opposition to a national ID system in the past extends to
the REAL ID issue today. This conviction has united both Democrats and
Republicans as well as such normally opposed groups as the ACLU and the
ACLJ. Whether the concern is privacy, religious rights, states' rights, or
cost of implementation, REAL ID has galvanized broad and deep resistance,
currently including an estimated six hundred groups. Today, over twenty
legislatures have passed resolutions or legislation variously opposing
implementation of the REAL ID Act. Eleven of those legislatures have gone
further by passing laws specifically prohibiting compliance with REAL ID.
What does REAL ID do? REAL ID attempts to mandate a standardized process and
format for all state drivers' licenses to achieve increased security. Most
importantly in this standardized process, REAL ID mandates a certain picture
quality. A footnote issued by the Department of Homeland Security
establishes this quality as compliant with the ICAO Document 9303 biometric
format. The global body setting this format, the International Civil
Aviation Organization (ICAO), is a specialized agency created under the
United Nations. Biometric data can be produced from a simple digital
photograph of this quality by running the picture of a person's face through
a software program which measures and analyzes the unique, personally
identifiable characteristics of that face. The process results in a unique
numeric code which identifies a person according to facial measurements. You
read that correctly. A unique number or "code" is developed from an
algorithmic formula which converts a digital biometric sample to biometric
"face print" data. Under REAL ID biometric facial recognition technology,
you become a number literally worn on your face - a number which is read by
computer, tracked by surveillance camera, and distributed worldwide.
Clearly, this international standard provides global compatibility of
American citizens' biometric data collected through REAL ID.
Having this background, we should observe that many Americans still do not
know why the provisions of the REAL ID Act must be rejected and aggressively
opposed because they do not understand the full implications of REAL ID.
Many wrongly assume that the legitimate need for security trumps all other
considerations. However, REAL ID is not primarily about a secure driver's
license or terrorism prevention. The full and dangerous implications of REAL
ID may be fleshed out through a discussion of why each American must
vigorously oppose this Act's most basic tenets. It poses dangers in the
following three areas:
1 - REAL ID violates Constitutional rights.
2 - REAL ID compromises national and state sovereignty.
3 - REAL ID threatens the safety of all Americans.
I- First, let us note that compliance with REAL ID would violate our
constitutionally protected freedoms.
Amendment I - Freedom of Religion
REAL ID violates freedom of religion for some citizens by forcing inclusion
into a system which requires a picture - and more - just to access public
services. The Amish and some Mennonites provide examples of religious groups
who view the mere taking of photographs as idolatry. REAL ID conditions
their freedoms, such as entering a federal building, upon a provision which
violates their religious beliefs. Because this "government" identification
system limits travel and access to certain public places, and could even
become a debit card, other more mainline religious groups view REAL ID as
the advent of the "mark of the beast."
Particularly because this technology assigns a unique number to represent
each person's biometric face print, these concerns are hardly unfounded.
A Powerpoint presentation from L-1 Identity Solutions, the major biometrics
company in the U.S. today, bolsters this claim. A slide in that presentation
includes a graph which charts future likely applications for biometrics.
Phase 1 of this "blueprint" for biometric implementation utilizes the
authority of Federal agencies to impose such requirements as REAL ID. Phase
utilizes bureaucratic leveraging on regulated industries to implement
biometrics. Phase 3 anticipates mass implementation on the citizens at large
for such everyday activities as buying and selling. As an example, under
Phase 2 DHS is attempting to force airlines to pick up the costs of
collecting biometrics from foreigners at airports. In Texas under Phase 3, a
company is experimenting with using the driver's license as a debit card.
Whether one is personally alarmed at some or all of these concerns, REAL ID
would prohibit the free exercise of religion for many people.
Amendment IV Freedom of Privacy
REAL ID also violates the Fourth Amendment's guarantee of freedom of
privacy. First, by mandating the collection, storage, and dissemination of
personally identifiable data without any informed consent, REAL ID tramples
on this right. In reality, this practice constitutes government-sanctioned
identity theft and seriously breaches the "security of person" guaranteed to
every U.S. citizen. No sufficiently compelling need exists to warrant
government mass collection and storage of such sensitive information about
its citizens. Concern heightens even further when private corporations
control the databases being set up to house this information. As an example,
L-1 Identity Solutions houses a database of U.S. driver's license
information. This company, which has consolidated a virtual monopoly on the
driver's license issuing market in the U.S., will handle all private
information collected during the license issuing process.
Secondly, REAL ID threatens freedom of privacy because this warehoused data
cannot be confidently secured. Even the Department of Homeland Security's
own Privacy Impact Assessment fails to guarantee that the database linking
and networking that will result from REAL ID will be secure. Many privacy
experts agree that REAL ID will actually increase identity theft! In
reality, the database and access to it will create an electronic
superhighway for potential mass identity theft.
Thirdly, REAL ID violates the Fourth Amendment in that the process of
collecting personal biometric data without consent violates the very laws
that exist to protect against such measures. This is probably one of the
most significant Constitutional issues. Current US law allows the collection
of biometric information only in the case of criminal activity. However,
REAL ID institutionalizes the capture of facial recognition biometrics for
every driver, regardless of criminality.
Fourthly, REAL ID ripens the climate for aggressive efforts to control the
masses via information and leading-edge technology, regardless of crucial
privacy considerations. Data collection and surveillance is simultaneously
occurring across several diverse fronts, each one a potential privacy danger
painting the broader picture of where REAL ID will take us as a country. For
instance:
1- In Rhode Island, a school district is allowing a company to place radio
frequency tracking (RFID) chips in students' book bags.
2- Nationwide, Great Britain has installed an estimated 4.2 million
surveillance cameras utilizing facial recognition technology to keep tabs on
all citizens. These cameras, of which there is 1 for every 14 citizens, can
observe a person up to 300 times in a normal day in the city of London.
3- China is aggressively pursuing country-wide surveillance of its citizens
using facial recognition technology purchased from a contractor supplied by
the previously mentioned L-1 Identity Solutions.
4- According to a June 28, 2008 New York Times article, US and European
officials are nearly agreed upon a "binding international agreement" which
would allow "European governments and companies to transfer personal
information to the United States, and vice versa." Under the cloak of
terrorism prevention, European governments could request "private
information - like credit card transactions, travel histories, and Internet
browsing habits" about American citizens.
5- Homeland Security Presidential Directive 24 issued by the President on
June 5, 2008, "establishes a framework to ensure that Federal executive
departments and agencies use mutually compatible methods and procedures in
the collection, storage, use, analysis, and sharing of biometric and
associated biographic and contextual information of individuals." This step
shows the President's extensive authority and disregard for privacy in
streamlining the biometric sharing process.
6- The FBI is currently building a billion-dollar database to house an
enormous amount of biometric data. While officially aimed at housing
criminal and terrorist data, this database already retains finger prints,
iris scans and other individual biometrics that the government collects on
ordinary citizens. Who knows the extent of the private information that will
be stored in this massive database? REAL ID-collected "face prints" are just
one more piece of the data collection and tracking system.
These examples only serve to underscore the aggressive global government
efforts to track and control citizens. In every case, REAL ID violates the
freedoms guaranteed by the Fourth Amendment.
Amendment X States' Rights
REAL ID violates the Tenth Amendment in that the federal government is
attempting to force the states to collect private data on their citizens,
only to allow that data to be shipped out-of-state and shared worldwide.
This action forces the states to work against the very interests of the
citizens they are to protect. When states accede to this pressure under REAL
ID, they allow the transfer of state authority to the federal government.
The separation of powers built into our Constitution then crumbles as the
federal government makes the rules, interprets the rules, and enforces the
rules regarding all state drivers' licenses.
II- In addition to the three ways REAL ID would violate the Constitution,
compliance with the REAL ID Act would undermine our national and state
sovereignty. While REAL ID reads like a manual for a national ID card, the
Department of Homeland Security's own rules for REAL ID reveal that it
implements an international ID system based on biometric identification.
Complying with the requirements under REAL ID would violate U.S. national
and state sovereignty by forcing states to adopt international biometric
facial image standards and to document standards set by international
organizations.
As mentioned previously, the ICAO, affiliated with the UN, sets the
standards for facial image captures (photos). Besides tracking the movements
of international travelers, the ICAO also has assumed the responsibility of
creating a common international passport system that stores individual
personal and biometric information on a RFID chip built into the passport.
The American Association of Motor Vehicle Administrators (AAMVA), which
recognizes ICAO standards, "enables" this scheme. This international body
and private organization sets nearly all the standards for REAL ID document
scanning, storage, data encryption, barcode and layout design to comply with
their 2005 international driver's license system. Under REAL ID, AAMVA is
the hub and backbone of the database system being set up to share
information between states. From a broad perspective, the system created by
REAL ID destroys national sovereignty and constitutional authority by
removing control of government from the people and establishing government
control over the people.
Furthering AAMVA's control strategy here in North America, implementation of
REAL ID is "de facto" enrollment of each state into AAMVA's Driver's License
Agreement (DLA). AAMVA has pushed the DLA, which meets REAL ID
specifications, for nearly ten years. The implementation of this DLA is
crucially important to the global effort because it mandates the sharing of
all U.S. drivers' license information with Mexico and Canada. This egregious
step places U.S. citizen's data at the mercy of Canadian and Mexican privacy
controls, further exacerbating the identity theft problem, and violating
Constitutional law and national sovereignty by essentially having states
form a treaty with a foreign nation.
REAL ID also violates national sovereignty because any international system
includes and requires agreements and obligations that would weaken any
sovereign standing. In fact, a Government Computer News report notes the
following from Robert Mocny, acting program manager for the U.S. Visitor and
Immigrant Status Indicator Technology program. His quote comes from comments
about a federal plan to extend biometric data sharing to Asian and European
governments and corporations, so as to create a Global Security Envelope of
identity management.
"My question is, how is it ethical not to share?" Mocny asked. "It makes no
sense for us to develop separate systems . . . information sharing is
appropriate around the world." Government Computer News further notes that
he is sketching a plan for sharing biometric data that would permanently
link an individual with data that governments and corporations hold. Since
both governments and corporations have been infiltrated by extremists and
terrorists and since certain governments of today may be our enemies
tomorrow, I hardly think that worldwide sharing of our citizen's data is a
good idea!
Enhanced Driver's Licenses (or EDL's) provide a further example of the
undermining of national and state sovereignty. Citizens that purchase these
nearly REAL ID-compliant licenses, which contain biographic and biometric
information on an RFID chip, can use them as a passport to enter either
Mexico or Canada. This advancement establishes the international ID
designation of REAL ID. The Canadian province British Columbia has also
issued a new EDL which, according to their website is also, "an acceptable
document for entry from Canada into the United States by land and water."
REAL ID violates state sovereignty because the issue in contention is
"national identity management", with the federal government manipulating the
tool of state driver's licenses. Consider the following statements about
REAL ID from Electronic Data Systems, the very company likely to maintain
AAMVA's driver's license database: "The Real ID Act, then, is about more
than a driver's license. It puts in place a set of standards for Identity
Management (IdM) that can be leveraged across an entire government
organization to create an integrated citizen identity security program." The
international biometric standards mandated in DHS's final rules, paint the
broader picture of an international ID card for government surveillance and
tracking.
III- REAL ID would endanger Constitutional rights and both national and
state sovereignty. Finally, let us consider that compliance with the REAL ID
Act would compromise the safety of our people. Unlike what some government
officials might say, 9/11 and the prevention of terrorism are not the real
reasons for REAL ID. In fact, this technology was being pushed well before
/11. Although REAL ID and biometrics are promoted as the "cure-all" to
terrorism and identity theft problems, many highly dispute this claim. In
response to the post-9/11 claims of biometrics companies that their
technology could have prevented 9/11, Jim Wayman, the former head of the US
Biometrics Center countered, "No, the government didn't have this stuff in
place, precisely because it had been working on it and knew its limitations
and didn't find any value for the costs involved." He further noted, "It's
going to be hard to know how these technologies can be applied to increase
national security. We're not just going to turn these machines on and start
catching terrorists." REAL ID will not assure greater safety since
terrorists will either avoid or duplicate a REAL ID compliant drivers'
license, although a correctly operating biometric system would certainly
increase the difficulty of faking or forging a license.
Despite the government's assurances about the "certain" safety benefits of
REAL ID, no government or company can create a foolproof, perfectly secure
system. A person who breaks the law or who desires to wreak havoc on
American soil will find a loophole with which to avoid the requirements of
REAL ID. One needs only consider that driver's licenses on the black market
will continue to be readily available.
Further, the safety of law abiding citizens will be compromised as their
identities are stolen, stored and made accessible to thieves around the
globe. Some people reject this idea because they hope that the government
will be able to protect their identity once it has all of a person's
information. The simple faith implicit in this idea is widely misplaced,
however. As proof, consider that in 2007, a Globe and Mail report noted, "A
security flaw in Passport Canada's website has allowed easy access to the
personal information - including social insurance numbers, dates of birth
and driver's license numbers - of people applying for new passports." A
breach of security in Great Britain last December resulted in the loss of
approximately 25 million individual records. In my state of Pennsylvania, a
security breach which occurred two years ago at a Driver's License Center
resulted in over 11,000 records being compromised. Such security breaches
highlight significant personal dangers to law abiding citizens and prove
that the only secure data is uncollected data.
Finally, REAL ID does not assure safety because biometric technology itself
does not work predictably. At this point in time, the technology we are
discussing does not work well; hence REAL ID and facial recognition
biometrics can not ensure safety. As a result, no one has yet been
successfully prosecuted via facial biometrics. The opportunity for false
identification and therefore being, "guilty before proven innocent" is
great. For example, the Tampa, Florida police force scrapped a facial
recognition system in 2003 because, according to a spokesman, "We never
identified, were alerted to, or caught any criminal. It didn't work." While
on its face, the concept of REAL ID seems like it would increase security,
it does not. A Privacy International Study conducted in 2004 found "Of the 5
countries that have been most adversely affected by terrorism since 1986,
eighty percent have national identity cards, one third of which incorporate
biometrics. This research was unable to uncover any instance where the
presence of an identity card system in those countries was seen as a
significant deterrent to terrorist activity." The simple truth is that REAL
ID cannot stop crime.
In summary, we have seen that REAL ID threatens Constitutional rights,
national and state sovereignty, and the safety of our people. The enrollment
of American citizens into an international biometric system of
identification and tracking constitutes the heart of the REAL ID issue. A
secure driver's license is not the ultimate goal or certainly the ultimate
result of the REAL ID Act. And it is unfortunately clear that the ultimate
purpose is government tracking and economic control through enhanced
knowledge and surveillance through biometric identification and tracking.
This being established, it is clear that this aggressive effort of the
federal government, working hand-in-hand with private commercial interests,
must be opposed on every level. While Congress must move to quickly repeal
the passage of the REAL ID Act, the states provide an ideal position from
which to fight this encroachment by the federal government. The
responsibility for the security and privacy of our own generation and the
generations to come, however, rests upon our shoulders.
The next action to be taken involves the following three steps.
First, Congress must immediately repeal the REAL ID Act and resist any
effort to pass anything remotely similar. Secondly, individual states which
have not passed legislation preventing implementation of any provision of
REAL ID, particularly the biometric portion, must do so without delay. As
has been stressed throughout this article, biometrics is the core provision
of REAL ID; consequently, the states must move to protect their citizens'
biometric data immediately. This step is critical because the vast majority
of statutory law did not envision the breadth of individually identifiable
data that could be gleaned by rapidly advancing technology. Further, because
L-1 Identity Solutions holds a virtual monopoly as contractor for state
DMVs, they could use their position to coerce the states into implementing
all of DHS's wishes. This scenario further endangers state's rights.
Therefore, it is not enough for states to simply stop collecting biometric
data. They must purge and "dumb-down" databases to preclude any government
knowledge or use of private citizen's biometrics. Additionally, private
third-party inspections should be ordered to ensure that all measures have
been fully implemented. Fundamentally, the states must demand control they
must inform the contractor what to do, not vice versa. Thirdly, citizens
must play a role in resisting illegitimate actions of the federal
government. They must be encouraged in their capacity as law-abiding
citizens to whom Constitutional guarantees were acknowledged, to resist
implementation of any effort that would compromise their individual,
God-given rights.
The American people remain the strongest defenders of freedom in the world.
Many in our past have died for the liberties we enjoy today. Most of us are
still willing to fight and die today for our freedom and the freedom of our
children tomorrow. May we each do our part to ensure the greatest nation on
earth remains "the land of the free and the home of the brave!"
"Liberty has never come from the government; it has always come from the
subjects of it. The history of liberty is a history of limitation of
governmental power, not the increase of it." -Woodrow Wilson
Sam Rohrer is a Representative for the state of Pennsylvania and a member of
the American Policy Center Advisory Board.
For more information on the dangers of the Real ID Act, contact:
Mark Lerner Co-Founder - Stop Real ID Coalition Phone: (816) 401-7615 Email:
stoprealid at aol.com
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