Real ID Act Poses Technical Challenges

segphault writes "Ars Technica has an article about some of the financial and technological challenges associated with implementing the Real ID Act." From the article: "Opposed by more than 600 independent organizations (including the National Governors Association) and hidden in the depths of a military spending bill in order to make passage easier, the Real ID Act has received heavy criticism from concerned citizens and state government agencies. Despite the fact that relatively sound and effective improvements to driver's license security had already been implemented as part of the Intelligence Reform and Terrorism Prevention Act, the federal government felt that it was necessary to go well beyond the recommendations of the 9/11 Comission Report by passing a costly and invasive law."

Comments

Real ID

[Hatta]

The 9/11 terrorists all had valid IDs. What's to stop the next batch of terrorists from getting valid Real IDs?

Re:How is this NOT a

[IAAP]

How does this have anything to do with the do not fly list..

It's a perfect example of the slippery slope and how these laws do nothing but take our civil liberties away and give power to the corrupt and incompetent. The TSA was supposed to screen for potential threats to airplane and passenger safety, NOT catch drug dealers. Soon, they'll be looking for deadbeat dads, or maybe, if you're behind on your credit card payments, they'll look for you!

Also, the cops "tested" what was in the condoms and said that it showed that the contents were illegal drugs. Subsequently, when tested by the DEA, it came back as flour. My point: The cops either lied or are incompetent.They should be fired and arrested themselves.

Opposed by National Governors Association?

[ugmoe]

>>"Opposed by more than 600 independent organizations >> (including the National Governors Association)

They seem to be stretching the truth on this one, the truth is that the official National Governors Association position is that they will happily make any kind of ID's requested as long as the federal government provides the funds.

Here is the official NGA statement:

http://www.nga.org/portal/site/nga/menuitem.8358ec 82f5b198d18a278110501010a0/?vgnextoid=3f90d3add6da 2010VgnVCM1000001a01010aRCRD

Policy Position

printable version

03/03/2005

EDC-18. Driver's License and Personal Identification Card Integrity

The motor vehicle driver's license, which is issued by each state, is used as an official identification document as well as a document that demonstrates an individual's knowledge and ability to operate a motor vehicle. States also issue personal identification cards that can be used as an official identification document. Most driver's licenses and personal identification cards have common elements displayed, such as a photo, a signature, a unique identifier number, and the individual's physical description. This has made the state-issued driver's license and personal identification card the most acceptable forms of identification in America.

Governors are concerned about the security and integrity of state driver's licenses, state personal identification cards, and the identification process. They are committed to working cooperatively with the federal government to develop and implement realistic, achievable standards that will enhance efforts to prevent document fraud and other illegal activity related to the issuance of driver's licenses and identification documents.

In making changes to the current system of issuing driver's licenses and personal identification cards, Governors believe that any rule or regulation requiring a change to the driver's license document or the personal identification card document should only apply to newly issued, renewed, and duplicate driver's licenses and identification cards produced by a state. Furthermore, any rulemaking body that is prescribing new standards for driver's licenses or personal identification cards must perform an assessment of the annual benefits and costs of its recommendations. The federal government should provide adequate funding to states to implement any required mandate stemming from the rulemaking. At no time should the rulemaking body propose an unfunded mandate on states.

Re:Constitutional authority

[eric76]

1) The Constitution states in the "Bill of Rights" set of ammendments some things the government cannot do. Creating a national ID isn't prohibited. Sure, the Constitution doesn't order the government to create a national ID either, but by default what isn't prohibited is allowed.

That's quite incorrect.

Read the 9th and 10th amendments:

AMENDMENT IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

AMENDMENT X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

In other words, according to the Bill of Rights, the fact that a right is not explicitly enumerated does not mean we don't have that right.

And, from the 10th Amendment, all powers that are not given to the government by the Constition and that are not prohibited by it to the states are reserved for the people or the states.

Thus, the Federal Government has no legal powers that are not explicitly set forth in the Constitution.

Non-compliance as the solution

[JimBobJoe]

I've written about non-compliance as a solution to the REAL ID Act.

Fortunately the act was written so states could decline to comply, and not have to deal with losing funding (which is unavailable to help states comply anyway.)

As I point out, on a day to day basis most people don't need a federally accepted ID card. It's cheaper for the states to tell people who need a federal ID card to just get a passport (which about 25% of Americans already have.)

If worse comes to worst, the occasionaly traveller can just travel ID-less. The airline will decide what to do with the ID card, and if it's not accepted, the passenger will become a selectee (which is the normal procedure for a passenger without ID.)

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[account_deleted]

Comment removed based on user account deletion

Very Wrong!

[Teun]

They need to decide that at the borders, and not let in anyone we need to be protected from.

Trying to be funny I hope...

The criminals that committed the bombings in Londen were all British citizen, border checks would not have helped any.
Even the 9/11 criminals entered the US quite legally.

Save for making these criminals unacceptable in their own community only good old fashioned criminal investigations and undercover work can help us.

The proposed law has a completely different goal.