The Waterkooler

There are three main reasons for which the The Real ID Act has come under fire.

1. Critics claim it would turn drivers licences into defacto national ID cards, an idea that has been repeatedly rejected in this country due to civil liberties concerns.
   
2. Critics claim it would create a national database that would be vulnerable to identity theft and privacy abuses.
   
3. Critics claim it would make it more difficult for asylum seekers presently in the country.
   

THE DMV
The Real ID legislation would change the rules for state issuance of drivers licenses, but it does not mandate that drivers licences become a national ID. In fact it does the opposite. The legislation distinguishes between a drivers license and an identification card and spells out the requirements for each. As such, despite the claims to the contrary this legislation will not prevent ILLEGAL ALIENS from obtaining a drivers license!

Read the definitions in the bill here: Drivers Licence: Definitions

Simply put, the legislation merely states that anyone getting aboard a commercial airplane or entering a federal building or a nuclear power plant or other "official federal purposes" must have identification that meets or exceeds federal standards.

What this means is that a state-issued drivers license won't cut the mustard when trying to board an airplane. The drivers license will cease to be a valid form of identification to any federal agent. But, if you so desire, you would still be able to obtain a license from the DMV that would meet federal identification purposes.

What will happen when you go to the DMV? You will have the option of getting a one-year licence that will allow you to drive but will not be accepted by federal agents as proof of identity. Or, if you have your birth certificate and social security card and your electric bill, you can get an enhanced licence that will be acceptable to federal agents as proof of identity.

A National Database?
So, would the Real ID Act create a national database? According to the legislation, no. But it does require states to keep databases and we know that DMVs and other such warehouses of information are prime targets to hackers. The legislation addresses this by requiring states to enhance their data security and physical security, but does not lay out specifics. The burden rests entirely on the states.

State DMVs Targeted by Identity Thieves
In recent months three state DMVs have been penetrated by identity thieves. In March, burglars rammed a vehicle through a back wall at a DMV near Las Vegas and drove off with files, including Social Security numbers, on about 9,000 people. Last week Florida police arrested 52 people, including 3 DMV examiners, in a scheme that sold more than 2,000 fake driver’s licenses. Two weeks ago Maryland police arrested three people, including a DMW worker, in a plot to sell about 150 fake licenses. These criminal schemes come in the wake of a rash of data broker scandals that have compromised the personal information of millions of Americans.

HISTORY OF THE NATIONAL ID DEBATE National ID cards have long been advocated as a means to enhance national security, unmask potential terrorists, and guard against illegal immigrants. They are in use in many countries around the world including most European countries, Hong Kong, Malaysia, Singapore and Thailand. Currently, the United States and the United Kingdom have continued to debate the merits of adopting national ID cards. The types of card, their functions, and privacy safeguards vary widely.

• 1977, the Carter Administration reiterated that the SSN was not to become an identifier
• 1981 the Reagan Administration stated that it was "explicitly opposed" to the creation of a national ID card
• 1999 Congress repealed a controversial provision in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 which gave authorization to include Social Security Numbers on driver's licenses

In response to the tragic events of Sept. 11, 2001, there has been renewed interest in the creation of national ID cards. Soon after the attacks, Larry Ellison, head of California-based software company Oracle Corporation, called for the development of a national identification system and offered to donate the technology to make this possible. He proposed ID cards with embedded digitized thumbprints and photographs of all legal residents in the U.S. There was much public debate about the issue, and Congressional hearings were held. Former House Speaker Newt Gingrich testified that he "would not institute a national ID card because you do get into civil liberties issues."

Perhaps the worst thing about the Real ID Act is that it was never debated on its merits. Instead, it was tied to a must pass military bill for Iraq. Senators Sam Brownback, R-Kan., Joe Lieberman, D-Conn., and 10 other Senators urged Senate Majority Leader Bill Frist to keep the Real ID proposal off the Supplemental Appropriations bill:

The REAL ID Act would make major shifts in immigration and asylum policy, and therefore should be considered carefully and deliberately. Accordingly, we urge you to ensure that the Senate follows normal parliamentary procedures when it takes up the REAL ID Act. Because of its magnitude, this legislation should be referred to the Senate Judiciary Committee on a schedule that provides adequate time for full and careful consideration. Legislating in such a complex area without the benefit of hearings and expert testimony is a dubious exercise and one that subverts the Senate's deliberative process.

Sen. Richard Durbin also expressed concern this week that REAL ID would repeal earlier legislation that contained "carefully crafted language—bipartisan language—to establish standards for States issuing driver's licenses."

Research: epic.org

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