Focusing public attention on emerging privacy and civil liberties issues

National ID and the REAL ID Act

EPIC Report: "REAL ID Implementation Review: Few Benefits, Staggering Costs" (May 2008)

EPIC Press Release: "Homeland Security Department Announces Deeply Flawed Regulations For National ID System" (January 11, 2008)

EPIC Comments on REAL ID Draft Regulations (May 8, 2007)

CAMPAIGN



Stop REAL ID: Reject National Identification

Latest News/Events

  • EPIC Report: "REAL ID Implementation Review: Few Benefits, Staggering Costs." At a REAL ID workshop at the Berkman Center, EPIC today released a new report on the Department of Homeland Security’s national identification proposal, the REAL ID system. "May 11, 2008 is the statutory deadline for implementation of the REAL ID system. Yet on this date, not one State is in compliance with the federal law creating a national identification system. In fact, 19 States have passed resolutions or laws rejecting the national ID program. The Department of Homeland Security has faced so many obstacles with the REAL ID system that the agency now plans an implementation deadline of 2017." See EPIC Report: "REAL ID Implementation Review: Few Benefits, Staggering Costs" and EPIC Comments on the Draft Regulations. (May 13)
  • Alaska Joins Other States in Rejecting REAL ID System. Just two weeks after DHS granted all 56 states and territories extensions that would allow state licenses and ID cards to remain “valid for federal purposes” past May 11, 2008, Alaska has passed legislation against the REAL ID national identification scheme. SB 202 (pdf) states, "A state agency may not expend funds solely for the purpose of implementing or aiding in the implementation of, the requirements of the federal Real ID Act of 2005." DHS has said it “made extensions available for states that needed additional time to come into compliance, or to complete ongoing security measures,” implying that states that received extensions had agreed to implement the national identification system. However, Alaska is just the latest in a number of states that have declared unequivocally that it will not implement the REAL ID scheme. (April 11)
  • Idaho Rejects REAL ID System; State Rebellion Spreads. Idaho has enacted legislation to reject the REAL ID national identification scheme. HB 606 (pdf) prohibits the Idaho transportation board and department from implementing the national ID system and "to report to the governor and to the constitutional defense council [...] any attempt by agencies or agents of the U.S. department of homeland security to secure implementation of the REAL ID act of 2005, through the operations of that department." Last year, the Idaho Legislature passed a joint memorial (pdf) opposing REAL ID, but that bill had no force of law. Idaho joins several states in rejecting the national ID system even though they have all received extensions from the Department of Homeland Security allowing their state licenses and ID cards to remain “valid for federal purposes” past May 11, 2008. (April 9)
  • DHS Caves, Gives Extensions to All States Though Some Reject REAL ID. Several states are rejecting the Department of Homeland Security’s REAL ID program, which would create a national identification system, but DHS granted all states extensions that would allow state licenses and ID cards to remain “valid for federal purposes” past May 11, 2008. Four states (Maine, Montana, New Hampshire and South Carolina) have expressly rejected the system and none asked for an extension. The Department of Homeland Security said it “made extensions available for states that needed additional time to come into compliance, or to complete ongoing security measures,” implying that states that received extensions had agreed to implement the REAL ID national identification system. However, a number of states have said that these extensions do not constitute an agreement to implement this national ID scheme, including California (pdf). (April 3)

History of National Identification Cards

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.

Americans have rejected the idea of a national ID card. When the Social Security Number (SSN) was created in 1936, it was meant to be used only as an account number associated with the administration of the Social Security system. Though use of the SSN has expanded considerably, it is not a universal identifier and efforts to make it one have been consistently rejected. In 1971, the Social Security Administration task force on the SSN rejected the extension of the Social Security Number to the status of an ID card. In 1973, the Health, Education and Welfare Secretary's Advisory Committee on Automated Personal Data Systems concluded that a national identifier was not desirable. In 1976, the Federal Advisory Committee on False Identification rejected the idea of an identifier.

In 1977, the Carter Administration reiterated that the SSN was not to become an identifier, and in 1981 the Reagan Administration stated that it was "explicitly opposed" to the creation of a national ID card. The Clinton administration advocated a "Health Security Card" in 1993 and assured the public that the card, issued to every American, would have "full protection for privacy and confidentiality." Still, the idea was rejected and the health security card was never created. In 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." When it created the Department of Homeland Security, Congress made clear in the enabling legislation that the agency could not create a national ID system. In September 2004, then-DHS Secretary Tom Ridge reiterated, "[t]he legislation that created the Department of Homeland Security was very specific on the question of a national ID card. They said there will be no national ID card."

The public continues to debate the issue, and there have been many other proposals for the creation of a national identification system, some through the standardization of state driver's licenses. The debate remains in the international spotlight -- several nations are considering implementing such systems. The U.S. Congress has passed the REAL ID Act of 2005, which mandates federal requirements for driver's licenses. Critics argue that it would make driver's licenses into de facto national IDs. EPIC and others have called for the repeal of this ill-conceived national identification law.

The REAL ID Act of 2005

History

The REAL ID Act of 2005 creates a de facto national identification card. Ostensibly voluntary, it would become mandatory as those without the card would face suspicion and increased scrutiny. It is a law imposing federal technological standards and verification procedures on state driver's licenses and identification cards, many of which are beyond the current capacity of the federal government, and mandating state compliance by May 2008. In fact, REAL ID turns state DMV workers into federal immigration officials, as they must verify the citizenship status of all those who want a REAL ID-approved state driver's license or identification cards. State DMVs would far move away from their core mission -- to license drivers.

REAL ID was appended to a bill providing tsunami relief and military appropriations, and passed with little debate and no hearings. The REAL ID Act repealed provisions in the Intelligence Reform and Terrorism Prevention Act of 2004, which contained "carefully crafted language -- bipartisan language -- to establish standards for States issuing driver's licenses," according to Sen. Richard Durbin. After more than two years, the Department of Homeland Security issued draft regulations for state compliance on March 1, 2007.

The National Conference of State Legislatures estimates (pdf) that the cost to the states will be more than $11 billion over five years. This is more than 100 times the $100 million cost that Congress initially estimated. For 2006, $40 million was allocated for start-up costs. It is likely that the cost will be shouldered by the public. The Department of Homeland Security originally estimated that REAL ID will cost $23.1 billion over 10 years. But, when the agency released the final rule in January 2008, it made dubious assumptions and claimed that the national ID system would only cost $9.9 billion.

EPIC and 24 experts in privacy and technology submitted detailed comments (pdf) in May 2007 on the draft regulations explaining the many privacy and security threats raised by the REAL ID Act. The fundamentally flawed national identification system is unworkable and the REAL ID Act must be repealed. In particular, the group admonishes DHS for its failure to include adequate privacy and security safeguards for this massive national identification database. DHS's own Data Privacy and Integrity Advisory Committee has refused (pdf) to endorse the agency's plan. "The Committee feels it is important that the following comments do not constitute an endorsement of REAL ID or the regulations as workable or appropriate."

DHS's Final Rule to Implement REAL ID

Department of Homeland Security Secretary Michael Chertoff released the agency's final regulations for REAL ID on January 11, 2008. The Secretary scaled back some of the requirements, reduced the cost, and extended the deadline for state compliance. However, Secretary Chertoff also indicated that the REAL ID card would be used for a wide variety of purposes, unrelated to the law that authorized the system, including employment verification and immigration determination. He also indicated that the agency would not prevent the use of the card by private parties for non-government purposes. As part of the cost-saving effort, Homeland Security has decided not to encrypt the data that will be stored on the card.

In an opinion column written by Secretary Chertoff after the publication of the final rule, he said, "embracing REAL ID" would mean it would be used to "cash a check, hire a baby sitter, board a plane or engage in countless other activities." This is a description of a national identification system, which is illegal in the United States. When it created the Department of Homeland Security, Congress made clear in the enabling legislation that the agency could not create a national ID system. In September 2004, then-DHS Secretary Tom Ridge reiterated, "[t]he legislation that created the Department of Homeland Security was very specific on the question of a national ID card. They said there will be no national ID card."

EPIC Analysis of Final Rule to Implement REAL ID

In a detailed analysis (pdf) of the final rule, EPIC explained that the Department of Homeland Security's REAL ID system includes few protections for individual privacy and security in its massive national identification database. It harms national security by creating yet another "trusted" credential for criminals to exploit. The Department of Homeland Security has faced so many obstacles with the REAL ID system that the agency now plans an implementation deadline of 2017 -- nine years later than the 2008 statutory deadline. It is an unfunded mandate that would cost billions, with the burden ultimately being placed on the individual taxpayer.

Technical experts familiar with the challenges of privacy protection and identification presented the Department of Homeland Security with a variety of recommendations that would have minimized the risks of the REAL ID system. The DHS made some modifications, but left the essential system in place. As REAL ID currently stands, the costs are many and the benefits are few. EPIC also detailed the State rebellion against REAL ID.

EPIC urged the alternative model of a system of decentralized identification. This reduces the risks associated with security breaches and the misuse of personal information. Technological innovation can enable the development of context-dependent identifiers. A decentralized approach to identification is consistent with our commonsense understanding of identification. If you are banking, you should have a bank account number. If go to the library, you should have a library card number. If you rent videos from a store, you should have a video rental store card number. Utility bills, telephone bills, insurance, the list goes on. These context-dependent usernames and passwords enable authentication without the risk of a universal identification system. That way, if one number is compromised, all of the numbers are not spoiled and identity thieves cannot access all of your accounts. All of your accounts can become compartmentalized, enhancing their security. View the full report: Marc Rotenberg & Melissa Ngo, EPIC, REAL ID Implementation Review: Few Benefits, Staggering Costs (pdf) (May 2008).

News Items

Resources

Reports on National ID Cards

State Legislation Rejecting REAL ID (19 total)

  • Alaska, SB 202 (pdf) (html) (adopted April 11, 2008)
  • South Dakota, SCR 7 (pdf) (html) (passed February 25, 2008)
  • Tennessee, SJR 0248 (pdf) (html) (enrolled June 14, 2007)
  • South Carolina, S 449 (pdf) (html) (enrolled June 5, 2007)
  • Nebraska, (pdf) (html) (adopted May 30, 2007)
  • New Hampshire, HB 685 (pdf) (html) (adopted May 24, 2007)
  • Oklahoma, SB 464 (pdf) (Word) (approved May 23, 2007)
  • Illinois, HJR 0027 (pdf) (html) (adopted May 22, 2007)
  • Missouri, HCR 20 (pdf) (html) (adopted May 17, 2007)
  • Nevada, AJR 6 (pdf) (html) (enrolled May 14, 2007)
  • Colorado, HJR 1047 (pdf) (html) (signed May 14, 2007)
  • Georgia, SB 5 (pdf) (html) (signed May 11, 2007)
  • Hawaii, SCJ 31 (pdf) (html) (adopted April 25, 2007)
  • North Dakota, SCR 4040 (pdf) (html) (signed April 20, 2007)
  • Washington (pdf) (html) (signed April 18, 2007)
  • Montana, HB 287 (pdf) (html) (signed April 17, 2007)
  • Arkansas, SCR 22 (pdf) (signed March 28, 2007)
  • Idaho, HJM 3 (pdf) (html) (signed March 12, 2007); Idaho, HB 606 (pdf) (html) (signed April 9, 2008)
  • Maine, SP 113 (pdf) (html) (adopted January 25, 2007)

Previous Top News

  • DHS Demands REAL ID Compliance From Maine As State Stands Strong Against National ID System. March 31 was the deadline for states to ask the Department of Homeland Security for an extension that would allow state licenses and ID cards to remain “valid for federal purposes” past May 11. Several states have declared (pdf) that they will not implement the REAL ID national identification system and did not ask for extensions, but DHS gave these states extensions anyway. DHS says (pdf) that Maine has until April 2 to agree to implement the REAL ID requirements or, on May 11, Maine residents will not be allowed to use their state IDs at airports. The state has passed legislation "refus[ing] to implement the REAL ID Act." The national ID proposal has drawn sharp criticism from state governments, members of Congress, civil liberties advocates, and security experts (pdf). (April 1)
  • DHS Hits Roadblocks In Demanding State Implementation of REAL ID System. Several states are rejecting the Department of Homeland Security’s REAL ID program, which would create a national identification system. States have until March 31 to ask the agency for an extension that would allow state licenses and ID cards to remain “valid for federal purposes.” Four states (Maine, Montana, New Hampshire and South Carolina) have expressly rejected the system and none asked for an extension. DHS has given Montana an extension, though the governor said (pdf) the state would never implement REAL ID. California (pdf) is among the states that requested an extension but said it did not agree to implement the national identification system. The REAL ID proposal has drawn sharp criticism from state governments, members of Congress, civil liberties advocates, and security experts (pdf). EPIC has called the scheme "a real danger to security and civil rights." (March 24)
  • Montana Governor Urges REAL ID Rebellion. In a letter (pdf) to the governors of 17 states, Montana Governor Brian Schweitzer asked them to band together to reject the REAL ID national identification system. "Today, I am asking you to join with me in resisting the DHS coercion to comply with the provisions of REAL ID," Gov. Schweitzer wrote. "I would like us to speak with one, unified voice and demand the Congress step in and fix this mess." On January 11, Homeland Security Secretary Michael Chertoff released the agency's final regulations for REAL ID. The proposal has drawn sharp criticism from state governments, members of Congress, civil liberties advocates, and security experts (pdf). EPIC has called the scheme "a real danger to security and civil rights." (January 21)
  • National Identification Plan Announced. Department of Homeland Security Secretary Michael Chertoff today released the agency's final regulations for REAL ID, the national identification system. The proposal has drawn sharp criticism from state governments, members of Congress, civil liberties advocates, and security experts (pdf). The Secretary scaled back some of the requirements, reduced the cost, and extended the deadline for state compliance. However, Secretary Chertoff also indicated that the REAL ID card would be used for a wide variety of purposes, unrelated to the law that authorized the system, including employment verification and immigration determination. He also indicated that the agency would not prevent the use of the card by private parties for non-government purposes. As part of the cost-saving effort, Homeland Security has decided not to encrypt the data that will be stored on the card. Congress is considering legislation to repeal the Act. View EPIC's press release: Homeland Security Department Announces Deeply Flawed Regulations For National ID System. (January 11)
  • Homeland Security Expected To Release REAL ID Regulations on Friday. EPIC has learned that the Department of Homeland Security will release the final regulations for REAL ID tomorrow at noon ET. The proposal for a federally mandated national identification system has been widely criticized. EPIC and others (pdf) have detailed security and privacy problems (pdf) with the plan. A coalition of organizations urged the Homeland Security agency to withdraw the proposal. Seventeen states formally opposed REAL ID, and Congress is considering legislation that would repeal the plan. The original deadline for implementation was 2008, but DHS has pushed it back to 2013, in part, because of public opposition. (January 10)
  • Almost Three Years After REAL ID's Passage, DHS Still Hasn't Released Final Regulations. Almost three years after the passage of the controversial REAL ID Act, the Department of Homeland Security still has not released final regulations. In November, the Department of Homeland Security announced major changes to the planned REAL ID national identification system (pdf). The original deadline for implementation was 2008, but has been pushed back to 2013. Now, DHS may delay implementation until 2018 and significantly reduce the requirements set out in draft regulations released in March. EPIC and others have repeatedly (pdf) detailed security and privacy problems (pdf) with the system that creates a national ID database and imposes federal responsibilities upon state agencies that have neither the trained employees nor the resources to fulfill these responsibilities. The final regulations, originally to be released in September, have yet to be published. For more information, see EPIC's Spotlight on Surveillance for March. (January 8, 2008)
  • San Francisco Mayor Signs Legislation Creating ID Card Without Citizenship Requirements. San Francisco Mayor Gavin Newsom has signed legislation (pdf) that will create city identification cards that would be available to any resident, regardless of citizenship status. In July, New Haven, Conn., began issuing the first such city-sponsored ID cards to undocumented immigrants. Such cards establish legal identity and residency and allow cardholders to access basic city services such as banking, aid for the homeless and library access. (November 28)
  • UK Moves Forward on National ID Despite Massive Data Loss. On November 20, the UK government announced the biggest loss of personal information in the UK's history. Two unencrypted computer disks containing the personal records of all families in the UK with a child under the age of 16 went missing en route from the Revenue and Customs department to the National Audit Office. Since the announcement of the data breach, opponents to the national ID card system have called on Prime Minister Brown to scrap implementation plans. Instead of backing down on its plans, however, the UK government has stated that it will re-evaluate the ID system and “start afresh” with more checks and balances. The government says the new system will hold only core identity information and biometrics, and will not have any tax, benefit or other financial records stored. Biometric and biographical information will also be stored in separate databases. The government did not comment, however, on the need for the collection and centralization of such vast stores of information in the first place. (November 26)
  • EPIC, Experts Urge Supreme Court to Strike Down Indiana Voter Photo ID Law. In a "friend-of-the-court" brief (pdf) filed today, EPIC and 10 legal scholars and technical experts urged the U.S. Supreme Court to invalidate an Indiana law requiring individuals to show a government-issued photo ID card before allowing them to vote. "Not only has the state failed to establish the need for the voter identification law or to address the disparate impact of the law, the state's voter ID system is imperfect, and relies on a flawed federal identification system," called REAL ID, they said. For more information, see EPIC's page concerning the case and the National Committee for Voting Integrity. (November 13)
  • San Francisco Preliminarily Approves ID Card Without Citizenship Requirements. On November 13, San Francisco preliminarily approved legislation (pdf) to issue city identification cards that would be available to any resident, regardless of citizenship status. Such cards would establish legal identity and residency and allow cardholders to access basic city services such as banking, aid for the homeless and library access. The San Francisco board will review the bill again before sending it to the mayor, who has indicated his general support. In July, New Haven, Conn., began issuing the first such city-sponsored ID cards to undocumented immigrants. Last month, in a reversal, New York Governor Eliot Spitzer decided to offer three types of driver's licenses for purposes other than driving, including one that would include immigration status. The plan has been heavily criticized for security and privacy problems. (November 13)
  • Homeland Security Backs Down on Flawed REAL ID Plan. The Department of Homeland Security has announced major changes to the planned REAL ID national identification system (pdf). The original deadline for implementation was 2008, but has been pushed back to 2013. Now, DHS may delay implementation until 2018 and significantly reduce the requirements set out in draft regulations released in March. EPIC and others have repeatedly (pdf) detailed security and privacy problems (pdf) with the system that creates a national ID database and imposes federal responsibilities upon state agencies that have neither the trained employees nor the resources to fulfill these responsibilities. The final regulations, originally to be released in September, have yet to be published. For more information, see EPIC's Spotlight on Surveillance for March. (November 5)
  • NY Governor Changes Plan, Supports REAL ID. In a reversal, New York Governor Eliot Spitzer has decided to offer three types of driver's licenses for purposes other than driving. Spitzer's original plan offered one driver's license to all applicants regardless of immigration status. The new plan includes a REAL ID-compatible license (opting NY into the national ID system); a border card with long-range RFID technology; and a driver's license that will include visa information turning a state license into a federal immigration document. EPIC has repeatedly detailed security and privacy problems with a national ID system, use of RFID technology in ID documents, and the imposition of federal responsibilities upon state agencies that have neither the trained employees nor the resources to fulfill these federal responsibilities. For more information, see EPIC's Spotlight on Surveillance for March, Comments (pdf) on the REAL ID Draft Regulations, and RFID page. (October 31)
  • Test Run of Western Hemisphere Travel Initiative Causes Long Delays. Federal agents along the U.S.-Mexico border are conducting a test run of new border entry procedures under the Western Hemispehre Travel Initiative, which creates different requirements for identification, including mandating the use of long-range RFID technology. The new procedures created major delays for travelers, causing business and tourism problems. In comments (pdf) to the State Department and Homeland Security, EPIC recommended against the use of "long-range" RFID technology (which transmits personal data to remote tracking devices) in the proposed "PASS card" for travel between the United States, Canada, Mexico, and the Caribbean. EPIC explained that the tracking technology would jeopardize the privacy and security of US travelers. See EPIC's Spotlight on Surveillance on WHTI and page on RFID. (October 21)
  • U.K. Government Proposes Massive Merging of Personal Data. The U.K. government is facing much public criticism over its proposal to merge the General Register Office, which registers births and deaths, with the Identity and Passport Service. The General Register Office also includes other personal data, such as parentage. Critics are calling the proposed merger a "chilling" harbinger. (October 10)
  • Belgium Begins Issuing National ID Cards to Children. Belgium has begun issuing national identification cards to citizens of all ages. It is the first country to do so. Many countries set a minimum age for issuing national ID cards; for example, a person in Britain must be at least 16 years old. The Belgium ID card also will be used as an Internet-protection measure, the government says. From age 6, children can receive a PIN to allow them access to children's-only groups online. (October 4)
  • New York and San Francisco Consider ID Cards for Undocumented Immigrants. San Francisco and New York are debating proposals to create city identification cards that would be available to any resident, regardless of citizenship status. Such cards would establish legal identity and residency and allow cardholders to access basic services such as banking, aid for the homeless and library access. In July, New Haven, Conn., began issuing the first such city-sponsored ID cards to undocumented immigrants. More than 1,500 people have applied for the cards. (September 18)
  • Federal Government Restricts Volunteers From Assisting With Disaster Relief. The federal government is launching an ID program for rescue workers to keep everyday volunteers from helping at a disaster scene. A prototype of the new first responder ID card is already being issued to fire and police personnel in Washington, D.C. Proponents say the system will allow professionals to be on scene faster and keep untrained volunteers away. But critics decry the government's decision to restrict who can volunteer in times of crisis. (September 3)
  • DHS Warns States That Reject REAL ID. In a speech to the National Conference of State Legislatures on August 8, DHS Secretary Michael Chertoff told states that citizens in states that do not implement REAL ID will have to use passports for federal purposes, such as entering courthouses or flying domestically. Passports currently cost $97 each, and the State Department admitted in July that there is a significant backlog in processing passports because of, among other things, "inept planning, underfunded preparations, popular misunderstanding of poorly crafted government advertising," Secretary Chertoff's remarks have yet to be added to the DHS Web site under "Speeches and Statements," though remarks from August 16 and 17 have been. Seventeen states have passed legislation against REAL ID. There also are bills to repeal REAL ID in both the U.S. House and Senate. For more information, see EPIC's Spotlight on Surveillance for March. (August 20)
  • New Haven, Conn., Issues ID Cards to Undocumented Immigrants. Starting today, New Haven will allow undocumented immigrants to buy municipal identification cards. These are the first city-issued ID cards that allow undocumented immigrants access to city services such as libraries and a chance to open bank accounts. Supporters say the cards, which are available to any New Haven resident, will improve public safety, but critics contend it will increase undocumented immigration into the city. (July 24)
  • Senate Rejects Pro-REAL ID Portion of Immigration Bill. An amendment to delete the requirement that employers demand REAL ID cards from new hires survived an unsuccessful attempt to kill it today. Montana Senators Max Baucus and Jon Tester sponsored the anti-REAL ID amendment, stating REAL ID is an unreasonable government intrusion into Americans' private lives. In April, Montana became one of the 16 states to pass legislation against REAL ID. There also are bills in both the U.S. House and Senate that would repeal the national identification scheme. For more information, see EPIC's Spotlight on Surveillance for March. (June 27)
  • House Approves $50M in REAL ID Grants. By a vote of 268-150, the House today passed a Homeland Security funding bill that included $50M in grant money to states to implement REAL ID. This is a small fraction of the estimated cost of the national identification system. The Department of Homeland Security has estimated that REAL ID will cost $23.1 billion over 10 years. The House approves the funding as Tennessee joins 15 other states in rejecting REAL ID. There are also bills in both the U.S. House and Senate that would repeal the national identification scheme. For more information, see EPIC's Spotlight on Surveillance for March. (June 15)
  • Fifteen States Have Passed Anti-REAL ID Legislation. As the deadline for compliance draws closer, more states are opting out of the controversial REAL ID national identification system. The states that have passed anti-REAL ID legislation are: Arkansas (pdf), Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, South Carolina, and Washington. The resistance to REAL ID is growing. In May, more than 60 organizations and 215 blogs joined a campaign to submit comments against REAL ID. There are bills in both the U.S. House and Senate that would repeal the national identification scheme. EPIC and 24 experts in privacy and technology submitted detailed comments (pdf) explaining the many privacy and security threats raised by the REAL ID Act. For more information, see EPIC's Spotlight on Surveillance for March. (June 5)
  • Congress Debates Bills That Broaden Uses of REAL ID. The House (pdf) and Senate (pdf) are debating immigration bills that include provisions broadening the uses of REAL ID cards and licenses, which do not exist. Both bills create a national employment eligibility verification system, which would use REAL ID cards for identification and eligibility verification. The Senate bill forbids the use of non-REAL ID cards in the verfication system after 2013. Both bills permit the DHS Secretary to prohibit the use of certain documents for employment verification. This would give the DHS Secretary the power to mandate the use of a national ID card, such as the REAL ID card, as the sole acceptable document for employment eligibility verification in the United States. EPIC Executive Director Marc Rotenberg is expected to testify at a Congressional hearing on the House bill next week. For more on the bills, see EPIC's Spotlight on Surveillance for May. (May 31)
  • Georgia and Nevada Join Revolt Against REAL ID. Georgia and Nevada have become the ninth and tenth states to pass legislation against REAL ID. The Georgia bill allows the governor to delay implementation "until the Department of Homeland Security has issued regulations that the Governor finds will adequately protect the interests of the citizens of Georgia." Nevada passed a joint resolution urging Congress to repeal the fundamentally flawed national identification scheme. Eight other states have passed anti-REAL ID legislation. Washington (pdf) and Montana (pdf) chose to opt-out completely. Colorado (pdf) and Idaho refuse to spend any money on REAL ID implementation. Arkansas (pdf), Hawaii, Maine, and North Dakota are calling for its repeal. There are bills in both the U.S. House and Senate that would repeal REAL ID. (May 16)
  • DHS Receives More Than 12,000 Comments on REAL ID Draft Regulations. The Department of Homeland Security announced that it has received more than 12,000 comments on its draft implementation regulations for the REAL ID Act. The public comment process was marked with problems. Many people complained that they were unable file comments through the Web site and fax number that DHS provided in its federal rulemaking. One day before the comments were due, DHS finally set up an e-mail address to which people could send comments. REAL ID faces considerable opposition by the public, the States and in Congress. More than 60 organizations and 215 blogs joined a campaign to submit comments against REAL ID. Washington (pdf) and Montana (pdf) passed legislation to opt-out completely. Colorado (pdf) and Idaho will not spend any money on REAL ID implementation. Arkansas (pdf), Hawaii, Maine, and North Dakota are calling for its repeal. Both houses of Congress are debating legislation that would repeal the ill-conceived law. At a Senate Judiciary Committee hearing yesterday about REAL ID, Chairman Patrick Leahy said, "The days of Congress rubber-stamping any and every idea cooked up by this administration are over." Sen. Leahy has co-sponsored a bill to repeal REAL ID. (May 9)
  • EPIC, 24 Experts Call for Repeal of Unworkable REAL ID Act. Today, EPIC and 24 experts in privacy and technology submitted comments (pdf) on the Department of Homeland Security's draft implementation regulations for the REAL ID Act. The group warned the federal agency not to go forward with the REAL ID proposal. The group said that the ill-conceived plan would create new security risks for the American public, such as increasing the risk of and the damage caused by identity theft. Creating a national ID database full of personal documents such as birth and citizenship certificates, making that database accessible to thousands of people, while not requiring adequate security and privacy safeguards, will necessarily make us less secure as a nation and as individuals. "DHS has the obligation to protect the privacy of citizens affected by this system and must do more than the feeble attempts set out in the draft regulations," the group said. (May 8)
  • Senate Judiciary Committee Holds Hearing on REAL ID. Today, the Senate Judiciary Committee held a hearing entitled, "Will REAL ID Actually Make Us Safer? An Examination of Privacy and Civil Liberties Concerns." Bruce Schneier, security expert and member of the EPIC Board of Directors, testified against the fundamentally flawed national identification scheme. Schneier detailed the security threats created by the REAL ID Act and the draft implementation regulations released by DHS. He explained that REAL ID would only protect us from terrorists "if the terrorists did exactly what we expect them to. But if they find a way around REAL ID, then it won't protect us at all." Schneier also said, DHS has shown a profound lack of respect for the public and the states. "Today is the deadline for comments on the draft regulations. DHS has testified that final regulations will be released by August or September. It is not possible for DHS to read, review and consider the thousands of public comments it will receive. This tells me that DHS does not intend to make substantial changes to its draft regulations." To take action and submit comments against this fundamentally flawed national identification scheme, visit the Stop REAL ID Campaign. (May 8)
  • Forty-Three Groups Join Campaign to Stop REAL ID. Today, 43 organizations begin a campaign against the illegal national identification system created by the Department of Homeland Security under the REAL ID program. The national campaign solicits public comments to stop a national ID scheme without adequate privacy and security safeguards; which will make it more difficult for people to get driver's licenses; and which will make it too easy for identity thieves, stalkers, and corrupt government officials to get access to the personal data of 245 million individuals. Several states have rejected the national ID system and there is legislation in Congress to repeal the Act. The draft regulations to implement the REAL ID Act are open for comment until 5 p.m. EST on May 8, 2007. To take action and submit comments against the fundamentally flawed national identification scheme, visit Stop REAL ID Campaign. (May 1)
  • DHS Privacy Committee Refuses to Endorse Draft Regulations. The Department of Homeland Security's Data Privacy and Integrity Advisory Committee has decided not to endorse the national identification system created by the Department of Homeland Security under the REAL ID program. "The Committee feels it is important that the following comments do not constitute an endorsement of REAL ID or the regulations as workable or appropriate," the committee said (pdf). The committee said the draft regulations did not resolve problems with privacy, redress, management controls, and more. Public comments on the draft regulations are due by 5 p.m. ET tomorrow, May 8. (May 7)
  • UPDATE: More Than 50 Groups Join Anti-National ID Campaign. A number of groups, including the Coalition Against Prosecutorial Abuse and Asian American Legal Defense and Education Fund, have joined a campaign against REAL ID. Fifty-four groups are urging the public to submit comments against the illegal national identification system created by the Department of Homeland Security under the REAL ID program. DHS seeks to create a massive system filled with sensitive personal data on 240 million license and ID cardholders nationwide, yet has failed to include adequate privacy and security safeguards. To take action and submit comments against this fundamentally flawed national identification scheme, visit the Stop REAL ID Campaign. (May 1)
  • DHS Holds One Town Hall on REAL ID. Seven days before comments are due on the Department of Homeland Security's draft regulations to implement the REAL ID Act (pdf), the agency is holding the only public town hall on the national ID system created. The draft regulations were released on March 1, more than two years after the passage of the REAL ID Act. EPIC and other groups have protested the creation of massive national identification system without adequate privacy and security safeguards. It will also make it more difficult for people to get driver's licenses. And it will make it too easy for identity thieves, stalkers, and corrupt government officials to get access to the personal data of 245 million license and cardholers nationwide. To take action and submit comments against the fundamentally flawed national identification scheme, visit Stop REAL ID Campaign. (May 1)
  • ID Thieves Use 'Skimmers' to Gather Credit Card Data. This week, New York prosecutors charged thirteen people in a counterfeiting ring where restaurant servers on the East Coast (from Connecticut to Florida) skimmed data from customers' credit cards. The financial data was easily accessed, downloaded and misused by the criminals because anyone with a skimmer device was able to read the unprotected machine readable zones. In the Department of Homeland Security's draft regulations to implement the REAL ID Act (pdf), the agency is proposing to leave the card's machine readable zone open and unprotected, even though its own Privacy Office has recommended (pdf) the zone be encrypted. EPIC has explained that this leaves the personal data vulnerable to misuse. The deadline for public comment is May 8. 2007. (Apr. 21)
  • Montana Becomes First State to Formally Reject REAL ID. Montana has become the first state to formally reject implementation of REAL ID. Previously, Maine, Idaho, and Arkansas (pdf) passed resolutions declaring opposition to REAL ID, but Montana's law (pdf) declares that it "will not participate in the implementation" of REAL ID and prohibits the state's Motor Vehicle Division from implementing any changes related to the national identification system. Washington is expected to be the second state to formally reject the law when the governor signs similar legislation this week. About 20 states are considering anti-REAL ID legislation. Controversy continues to surround the national ID scheme, and the public is invited to comment on the Department of Homeland Security's draft regulations to implement the REAL ID Act. The deadline for public comment is May 8. 2007. For more information, see EPIC's Spotlight on Surveillance about the REAL ID Act. (Apr. 17)
  • Washington Is Fourth State to Reject REAL ID. Washington has passed a bill that mandates the state cannot spend money to implement the federal REAL ID Act (pdf) unless certain provisions are met, including privacy and security protections. The states of Maine, Idaho, and Arkansas (pdf) have passed similar resolutions rejecting REAL ID and about 20 states are considering such legislation. Controversy continues to surround the national ID scheme, and the public is invited to comment on the Department of Homeland Security's draft regulations to implement the REAL ID Act. The deadline for public comment is May 8. 2007. (Apr. 5)
  • Arkansas Becomes Third State to Reject REAL ID. The Arkansas House and Senate have passed SCR 22 (pdf), a concurrent resolution "To Urge Congress and the United States Department of Homeland Security to Add Critical Privacy and Civil Liberty Safeguards to the REAL ID Act of 2005 and to Fully Fund or Suspend Implementation of the REAL ID Act." The resolution rejected the contention that the REAL ID Act (pdf) adds to national security. The resolution said, "identification-based security provides only limited security benefits because it can be avoided by defrauding or corrupting card issuers and because it gives no protection against people not already known to be planning or committing wrongful acts." The states of Maine and Idaho have passed similar resolutions rejecting REAL ID and about 20 states are considering similar legislation. (Mar. 26)
  • Washington State Pilot Tests RFID-enabled licenses. Washington State and the Department of Homeland Security are jointly testing a project where the state driver's licenses and identification cards will be accepted for use under the Western Hemisphere Travel Initiative, which regulates travel between the United States, Canada, Mexico, and the Caribbean. The Washington State ID cards would include proof of citizenship and other sensitive personal data beyond what current licenses hold. The licenses will include long-range radio frequency identification (RFID) technology, which EPIC has repeatedly warned (pdf) is a privacy and security risk. The Department of Homeland Security's Data Privacy and Intergrity Advisory Committee also has recommended against (pdf) the use of RFID in ID documents. For more information, see EPIC's RFID page and August 2006 Spotlight on Surveillance on the Western Hemisphere Travel Initiative. (Mar. 23)
  • EPIC Recommends Against Use of Universal Identifiers. In comments (pdf) to the Federal Trade Commission, EPIC warned against using universal identifiers, such as biometrics, in authentication systems. EPIC explained that a biometric identifier cannot be changed by a victim once his or her identity has been breached -- a fingerprint is unalterable. "Any move toward universal identifiers, while potentially deterring amateur thieves, increases the potential for misuse once determined criminals steal that data," EPIC said. For more information, see EPIC's Biometrics page. (Mar. 23)
  • EPIC Appears Before Homeland Security Committee on REAL ID. At a Department of Homeland Security Data Privacy and Integrity Advisory Committee meeting today, EPIC and other groups explained the many security, financial and privacy costs created by the proposed regulations to implement the REAL ID Act (pdf). EPIC explained (pdf) that the ubiquity of licenses; mandate that only REAL ID cards will be used for federal purposes; and proposed universal design for non-REAL ID cards, add up to an atmosphere where people without such cards will be looked upon with suspicion. EPIC's Melissa Ngo said, "Critics of the REAL ID Act and proposed regulations have been labeled anti-security. It is not anti-security to reject a national identification system that does not add to our security protections." (Mar. 21)
  • Spotlight on REAL ID's Many Security and Privacy Flaws. This month, EPIC's Spotlight on Surveillance scrutinizes the proposed regulations for the national identification scheme created under the REAL ID Act (pdf). The Department of Homeland Security regulations (pdf) for Real ID would (1) impose more difficult standards for acceptable identification documents that could limit the ability of individuals to get a state drivers license; (2) compel data verification procedures that the federal government itself is not capable of following; (3) mandate minimum data elements required on the face of and in the machine readable zone of the card; (4) require changes to the design of licenses and identification cards; (5) expand schedules and procedures for retention and distribution of identification documents and other personal data; and (6) dictate state collection of personal data and documents without setting adequate security standards for the card, state motor vehicle facilities, or state motor vehicle databases. (Mar. 9)
  • Idaho Becomes Second State to Reject REAL ID. The state of Idaho passed a resolution rejecting the REAL ID Act (pdf) and calling for its repeal. Among other problems, Idaho cited the national identification scheme created by the Act, the lack of congressional debate or hearings before its passage, and the enormous cost to civil liberties. Idaho joins Maine, which passed a resolution repudiating the national ID program in January. More than two dozens states are reviewing similar legislation. There are bills to repeal the REAL ID Act in the U.S. House and Senate. (Mar. 8)
  • After Long Delay, Homeland Security Department Issues Regulations for Flawed National ID Plan. More than two years after Congress rushed through passage of the REAL ID Act (pdf), the Department of Homeland Security announced today proposed regulations (pdf) that would turn the state driver's license into a national identity card. The estimated cost of the plan exceeds $11 billion and the national ID system will increase security risks (pdf) as well as the threats to personal privacy. Proposals to repeal Real ID have been adopted in the states and introduced in Congress. (Mar. 1)
  • Bills to Repeal REAL ID Introduced in House and Senate. Senators Daniel Akaka (D-HI) and John Sununu (R-NH) have introduced legislation to repeal the REAL ID Act (pdf). S. 717, the "Identification Security Enhancement Act of 2007" seeks to fix the many problems created by the REAL ID national ID scheme. S. 717, which includes Senators Patrick Leahy (D-VT) and Jon Tester (D-MT) as co-sponsors, contains strong security and privacy protections. In the House, Congressman Tom Allen (D-ME) has introduced similar legislation. H.R. 1117, the "Real ID Repeal and Identification Security Enhancement Act of 2007." (Feb. 28)
  • DHS Envisions REAL ID Used for 'Whole Host of Other Purposes.' In a speech on Monday, DHS Secretary Michael Chertoff said the REAL ID Act (pdf) licenses might "do double-duty or triple-duty." These REAL ID cards would "be used for a whole host of other purposes where you now have to carry different identification." Security expert Bruce Schneier, EPIC (pdf) and others have explained that it is decreases security to have one ID card for many purposes, as there will be a substantial amount of harm when the card is compromised. Using a national ID card would be as if you used one key to open your house, your car, your safe deposit box, your office, and more. This envisions state driver's licenses as national ID cards, which are prohibited. The Homeland Security Act of 2002 explicitly said, "Nothing in this Act shall be construed to authorize the development of a national identification system or card." (Feb. 16)
  • EPIC Warns Maryland Senate of REAL ID's Security Risks. At a public hearing of the Maryland Senate, EPIC's Melissa Ngo explained (pdf) that the privacy and security risks of the REAL ID Act remain unresolved. She also pointed to the adverse impact on victims of domestic violence. The federal legislation would create a national database with the personal data of 245 million license and state ID cardholders, yet there is still no plan for adequate privacy and security safeguards. This would leave sensitive data at risk for identity theft, misuse or abuse. EPIC expressed support for a Maryland bill calling for repeal of the REAL ID Act. (Feb. 15)
  • Maine Lawmakers Refuse to Implement REAL ID Act. The Maine House and Senate registered nearly unanimous opposition today to the federal REAL ID Act (pdf), which mandates federal requirements for state driver's licenses and requires state DMVs to verify identification documents, such as birth certificates. The state legislature passed a resolution stating that the "Maine State Legislature refuses to implement the REAL ID Act and thereby protest the treatment by Congress and the President of the states as agents of the federal government." The resolution also asks Congress to repeal the law. Sen. Daniel Akaka (D-HI) and Sen. John Sununu (R-NH) introduced legislation on December 8 to repeal REAL ID and replace it with language that includes strong security and privacy protections. (Jan. 25)
  • Several States Have Bills Rejecting REAL ID. State legislatures in Georgia, Massachusetts, Montana, New Mexico and Washington all have introduced bills rejecting the federal REAL ID Act, which imposes federal requirements on state driver's licenses and identification cards. Opponents of the REAL ID Act say that the requirements are too difficult to implement, would be too costly, and would lead to de facto national identification database and ID card. (Jan. 24)
  • UK Ditches Plan for Centralized ID Database. The United Kingdom has pulled the plug on a central National Identity Registry, a national ID system that would hold personal information and biometric data on UK citizens and visitors. However, under the national ID system, the UK will still link several existing databases. The UK also dropped a plan for iris-scanning biometrics. Privacy International led a national campaign against the Identity Card, aided by research (pdf) from the London School of Economics. However, concerns remain about the system and expanded government data-sharing. (Dec. 21)
  • Senators Akaka and Sununu Introduce Bill to Repeal REAL ID. Sen. Daniel Akaka (D-HI) and Sen. John Sununu (R-NH) introduced legislation on December 8 to repeal Title II of the REAL ID Act of 2005, which mandates federal identification standards and requires that state DMVs collect sensitive personal information. Congress passed REAL ID without a hearing even though legislators in both parties urged debate. The senators said they believe REAL ID "places an unrealistic and unfunded burden on state governments and erodes Americans' civil liberties and privacy rights." The Identification Security Enhancement Act (ISEA), S. 4117 replaces REAL ID with language from the act it repealed, the Intelligence Reform and Terrorism Prevention Act of 2004 and includes strong security and privacy protections that were not in the 2004 law. (Dec. 8)
  • New Jersey Bans License-Scanning by Bars, Nightclubs. The New Jersey Motor Vehicle Commission has announced that bar, restaurant and retail organizations must stop scanning and downloading their patrons' license data. Such actions violate the the state Digital Driver License Act, as well as the state and federal Drivers Privacy Protection Acts, according to the commission. Two state assemblymen announced they will introduce legislation to ban the capture and storage of data from licenses. New Hampshire, Texas and Nebraska already have legislation prohibiting the practice. (Nov. 23)
  • Police Shoot UCLA Student with Taser For Failure to Show ID. An Iranian student at UCLA, who was quietly studying in the campus library, was detained by the police and shot several times with a police taser when he failed to provide an identity document. A YouTube video shows the entire incident. According to an Amnesty International report, the use police use of tasers has resulted in several deaths. The Council on American-Islamic Relations called for an independent investigation of the UCLA Muslim Student Taser Incident. (Nov. 16)
  • States Estimate Cost of REAL ID Will Be $11 Billion. The National Conference of State Legislatures released a report (pdf) on the REAL ID Act, which estimates that that the cost to the states will be more than $11 billion over five years. The federal REAL ID Act creates national standards for issuing state drivers licenses and identification cards. States also expressed concern regarding the application of the Drivers Privacy Protection Act to the records retention and information sharing requirements of REAL ID. (Sept. 21)
  • Privacy and Security Flaws Imperil Transit Worker ID Program. Security and privacy problems have delayed the implementation of the Transportation Worker Identification Credential program. TWIC is a Homeland Security program designed to screen the backgrounds of and issue biometric ID cards to the nation's 750,000 air, land and sea transportation workers. TWIC implementation is being watched closely, as it has many aspects similar to the REAL ID card. REAL ID mandates federal requirements for state driver's licenses, and it requires state DMVs to verify identification documents, such as birth certificates. EPIC has highlighted this program in its Spotlight on Surveillance series. (Sept. 17)
  • State Committee Urges New Mexico to Ignore REAL ID Act. Members of the New Mexico State Legislature's Courts, Corrections and Justice Committee derided the REAL ID Act, calling it de facto national ID, and urged the state to ignore the act. The members said it was an unfunded mandate that would cost the state at least $13 million to implement. (Sept. 16)
  • REAL ID Will Cost Billions. The REAL ID Act requires states to meet federal ID standards by May 2008. Congress has estimated the cost of implementation will be $100 million; however, states estimate it will be in the billions. California, which has 25 million drivers and ID card holders, says it will cost the state $500 million over five years. Virginia estimates initial costs for REAL ID will be anywhere from $35 million to $169 million, with annual costs as high as $63 million. (Aug. 29)
  • California REAL ID Bill Passes Assembly. California REAL ID Act (SB 1162) has passed by a vote of 42 to 33 in the Assembly. The bill creates regulations to meet the federal REAL ID requirements. The bill will be sent to the Senate. In May 2005, Congress passed the REAL ID Act, which requires states to meet federal ID standards by May 2008. (Aug. 28)
  • States Reject Homeland Security's Call for REAL ID Support. Homeland Security Secretary Michael Chertoff called on state legislators to embrace the REAL ID Act, which sets federal standards for state ID cards and driver's licenses, but they rejected the national ID card. Chertoff was speaking at the annual meeting of the National Conference of State Legislatures, whose members later approved a resolution demanding Congress pay for implementation or repeal the REAL ID Act by 2007. (Aug. 17)
  • REAL ID Standards Still Not Released. A Department of Homeland Security spokesman announced that draft standards for REAL ID driver's licenses won't be released until the fall or winter, giving the states less than 2 years to overhaul their motor vehicle departments. In May 2005, Congress passed the REAL ID Act, which requires states to meet federal ID standards. If states that don't comply with the law by 2008, then their ID cards would not be accepted for federal purposes, such as boarding airplanes or entering federal courthouses. (June 13)
  • ID Database to be Used for Criminal Checks in United Kingdom. The Criminal Records Bureau in the United Kingdom plans to integrate the national ID cards database into the criminal record vetting process, beginning in 2009. For a charge, the bureau conducts background checks on job applicants who would work with children and vulnerable adults. But its system has had a rash of technical problems since its launch in 2002. (May 23)
  • New Hampshire Holds Off on REAL ID Rejection. The New Hampshire Senate voted 14-9 to create a study group analyzing the pros and cons of implanting the REAL ID Act, rather than rejecting the program outright, as the New Hampshire House of Representatives did. New Hampshire had been chosen as the pilot state for the federal REAL ID program, which mandates particular features to be built into state drivers' licenses. The standardization process threatens to turn state drivers' licenses into a de facto national ID card. The state-created commission will report its findings in November. (May 11)
  • United Kingdom Will Use ID Cards Database as National Register. The UK government says it will use the newly created national ID card database as a national population register of personal information. The data would include name, address, date of birth and a unique ID reference number. The UK government also has called for the development of a national children's register. Earlier this month, UK lawmakers approved a measure requiring Britons applying for passports before January 2010 to get an identity card. A Briton can opt out, but if he does, he will be put into a national opt-out database. (Apr. 19)
  • New Hampshire House Passes Anti-REAL ID Bill. The New Hampshire House of Representatives has just passed HB 1582, an act "prohibiting New Hampshire from participating in a national identification card system." If the measure passes the state Senate, New Hampshire will be the first state to reject the REAL ID Act, which sets federal standards for state driver's licenses, essentially making them national ID cards. According to a recent survey (pdf) of state motor vehicle administrators, the costs of implementation have been vastly underestimated by the federal government, which initially put the total price at $100 million. Pennsylvania alone would spend $85 million on REAL ID, the survey found. (Apr. 17)
  • Law Passed Paving Way for National ID Card in United Kingdom. UK lawmakers approved a measure requiring Britons applying for passports before January 2010 to get an identity card. A Briton can opt out, but if he does, he will be put into a national database. This is a compromise measure passed after five rejections of a bill that would have made the cards mandatory for all residents of Britain. The cards would store biometrics data such as digital iris images or fingerprints. A report (PDF) by leading academics from the London School of Economics said that the ID scheme will be costly, inefficient, and easily subverted." (Apr. 6)
  • Wisconsin Begins REAL ID Implementation. A newly passed law in Wisconsin requires applicants for state driver's licenses to show proof of legal residency. In May 2005, Congress passed the REAL ID Act, which requires states to meet federal identification standards. States that don't comply with the law by 2008 wouldn't have their ID cards accepted for federal purposes, such as boarding airplanes or entering federal courthouses. (Mar. 10)
  • UK Moves Toward Mandatory National ID. The House of Commons has voted to require that all Britons seeking passports also obtain a government-issued identity card that would include biometrics such as a scanned fingerprint or a digital iris image. Privacy advocates, including Privacy International have vigorously opposed the plan. A report by leading academics (pdf) from the London School of Economics indicates that the ID scheme will be costly, inefficient, and easily subverted. The proposal goes next to the House of Lords. For more information, see EPIC's Biometrics page. (Feb. 14)
  • Creation of National ID Card Will Be a Nightmare, Report Shows. State motor vehicle officials across the nation say it will be a nightmare to implement the REAL ID Act, a law passed in May that will turn driver's licenses into national ID cards. A comprehensive survey (pdf) concluded last August but recently obtained by the Associated Press revealed the costs of implementation have been vastly underestimated by the government, which initially put the total price at $100 million. According to the survey, Pennsylvania alone would spend $85 million on REAL ID. (Jan. 13)
  • Virginia Report Estimates State Will Pay $169M for REAL ID Implementation. A December report (PDF) to Virginia's governor estimated that the state could pay as much as $169 million to initially implement the REAL ID Act, which sets federal standards for driver's licenses. It could cost $63 million annually in successive years. The report also said, "many legitimate applicants for driver's licenses or ID cards will not possess the paperwork necessary to obtain a REAL ID license or card." (Jan. 13)
  • U.S. National ID Card Costs and Benefits Debated. Former U.S. Secretary of Homeland Security Tom Ridge told attendees of a computer security conference that he believed national security requirements would ultimately make national ID cards a reality. Security expert Bruce Schneier explained that such cards would not make the U.S. a safer country. The expensive system would create a valid ID card, but "all the 9/11 terrorists had a valid ID," Schneier said The complexity of maintaining a national database could make the U.S. less secure. Some have called the card passed by Congress in May a national ID card, which includes federally mandated standards that state DMVs verify identities. (Dec. 8)
  • UK Lawmakers Call for New Legislation if National ID Cards Made Compulsory. Identity cards should not be made compulsory without fresh legislation, some British lawmakers said, stepping up pressure on Prime Minister Tony Blair's national identification scheme. Ministers want to make ID cards compulsory by 2012 or 2013; however, though they have promised a new vote before then, they do not want to introduce new legislation. This comes in the wake of a Home Office study by independent auditors KPMG, which warned the government may have overestimated the lifespans of IDs, raising cost estimates. The London School of Economics previously estimated (PDF) the total price of the scheme at £19.2B, with individual cards costing £230B. (Nov. 16)
  • National ID Cards Will Be Costly for States and Citizens, Report Finds. Implementation of the REAL ID Act's national identification cards will have significant costs and privacy risks, according to a report (PDF) by the Citizens Against Government Waste. The REAL ID Act, pushed rapidly through Congress in May without debate, mandates federal identification standards for state driver's licenses and the collection of personal information through state DMVs. According to the report, the cost of driver's licenses could increase to $90 each. Previously, the bipartisan National Conference of State Legislatures estimated that the scheme could cost states $13 billion. (Nov. 16)
  • UK Will Have E-passports and Biometric ID Cards by 2009. The United Kingdom plans to have e-passports equipped with facial biometrics and ID cards early next year. The UK government also plans to include fingerprints in both by 2009. The passports include a microchip that holds a digitised facial image, and has space to hold another biometric if needed. Bernard Herdan, chief executive of the UK Passport Service, said the passports would be phased in by February 2006 and completed by July 2006. (Oct. 25)
  • British National ID Plan's Biometrics Use Called Flawed. Under the UK's national ID proposal, face, iris and fingerprint scans will be used to identify people. However, studies have found that biometrics being scanned in the wrong type of light or in shadow could lead to a false identification. One problem, a Home Office minister admitted, is that people with brown eyes could experience difficulties using the national ID cards. The cost of a combined passport and ID card, is estimated at £93 each. The UK House of Commons last week passed the national ID bill; it now moves to the House of Lords. (Oct. 24)
  • Technology Companies Criticize British ID Proposal. Hi-tech companies Microsoft and Unisys, firms that could benefit from the United Kingdom's national identification card proposal, have criticized the plan. Microsoft said that the ID card posed a huge security risk and would be targeted by hackers and identity theft criminals. Unisys said a central database would be out of date as soon as it was set up and would be hugely expensive to update. (Oct. 24)
  • Election Report Recommends Using REAL ID for Voter ID. The Commission on Federal Election Reform, co-chaired by former President Jimmy Carter and former Secretary of State James A. Baker III, released a new report on the conduct of domestic elections. The Carter-Baker Commission recommended the REAL ID "be adapted for voting purposes and linked to the registration list." States can choose to opt-out of the REAL ID program, but the REAL ID Act mandates that licenses from opt-out states cannot be used as identification for federal purposes. If Congress mandates that voters participating in federal elections can use on the Real ID card as identification, then residents of states that reject the REAL ID program will not have acceptable voter identification. (Sept. 23)
  • British Government Attempts 'Charm Offensive' on ID Cards. The British Home Office on Monday launched a 'charm offensive' tour to persuade the public to accepted planned national ID cards. The planned cards would contain a microchip carrying biometric information -- a person's fingerprints or iris or facial scans. The national ID scheme has faced criticism about its security and privacy flaws, and is opposed by many -- including the British Privacy Commissioner. A recent report warned it could eventually cost more than £20 billion ($36B). (Sept. 13)
  • Report: Costly National ID Scheme An Unfunded Mandate. The National Conference of State Legislatures, a bipartisan group, today released a report documenting pending legislation that pre-empts state authority, including the national ID card created by the recently passed REAL ID Act. NCSL officials estimate the national ID scheme could cost states $13 billion as they try to restructure motor vehicle offices. "The REAL ID Act handcuffs state officials with unworkable, unproven, costly mandates that compel states to enforce federal immigration policy rather than advance the paramount objective of making state-issued identity documents more secure and verifiable, " Sen. Michael Balboni said, in announcing the report. (Aug. 16)
  • Local, State, National Groups Battle REAL ID Implementation. More than seventy individuals from local, state and national organizations gathered in Washington, D.C. on Wednesday for the National Driver's License Strategy Meeting convened by the ACLU, EPIC, National Asian Pacific American Legal Consortium, National Immigration Law Center, and National Council of La Raza. The privacy, civil liberties, and immigrant rights' groups discussed strategies to fight the implementation of the REAL ID Act, a national ID program passed in May. Panelist Nolan Jones, from the National Governors Association, estimated that REAL ID would cost $750 million over the next five years, and said that if the cost were passed onto the public, then licenses would cost about $100 to $125 each. (July 28)
  • State DMVs Remain Under Attack. The manager of a Virginia Department of Motor Vehicles office was charged yesterday with selling driver's licenses to illegal immigrants and others for up to $3,500 apiece. This is the second time in two years that a Northern Virginia DMV employee was accused of fraudulently selling licenses for cash. State DMVs across the nation have been the targets of identity thieves. Earlier this year, 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. These incidents come as the recently passed Real ID Act mandates federal identification standards and the collection of sensitive personal information through state DMVs. (July 13)
  • UK ID Cards Bill Faces Opposition.The United Kingdom government's national ID cards bill yesterday narrowly avoided defeat in Parliament. The scheme is opposed by the British Privacy Commissioner. A recent report warned it could eventually cost more than £20 billion ($36B). The bill now goes to committee, where Labour members seek to narrow a National Identity Register, which could include information such as name, residence, biometric data and personal history of every individual in the UK. (June 29)
  • UK Government Plans to Sell ID Card Data. Amid spiraling cost predictions for a new national ID card scheme, UK government ministers are negotiating with private firms to sell the personal details of all 44 million adults living in Britain for an initial cost of £750 ($1,371) each. This contradicts government officials' previous reassurances (pdf) that there would be no general access to the national identification card information register. (June 27)
  • States Predict High Costs, Long Waits From Real ID Act. The recently passed Real ID Act mandates federal identification standards and the collection of personal information through state DMVs. States are anticipating long delays for motorists because of the new technological standards and verification procedures, many of which are beyond the current capacity of the federal government. Although the Government Accountability Office has estimated the cost of implementing the Act to be around $100 million, state legislatures believe the amount is closer to $750 million. (June 2)
  • Public Opposition Grows Against UK Identity Card Bill. A new poll shows public support for the government's controversial Identity Cards bill has dropped dramatically as the costs for the combined passport and ID card scheme were revealed (£93B; $169B). An ICM Research poll of 1,010 citizens shows support for ID cards is at 55 percent. The Home Office claims that 80 percent of the population support the scheme. The National Identity Register may eventually include name, date of birth, residence, and immigration status, as well as biometric information and personal history of every individual in the UK. (June 15)
  • UK Identity Card Bill Introduced in Parliament. The Labour Party introduced its Identity Cards bill in the House of Commons on Monday. The bill, which may cost £18B ($32.6B) over the next 10 years, provides for ID cards that will be tied to the National Identity Register, also established by the bill. As the bill's Explanatory Note states, in the first stage only individuals who apply for "Designated Documents" will be required to register, though the bill provides authority for the government to make registration compulsory for all UK residents. The National Identity Register may eventually include name, date of birth, residence, and immigration status, as well as biometric information and personal history of every individual in the UK. The bill was initially introduced in the House of Parliament last November, but was withdrawn in April pending the outcome of the May 6 general election. (June 2)
  • Congress Passes Controversial ID Bill Without Debate. The Senate yesterday approved the supplemental military spending bill to which the REAL ID Act had been attached. The legislation mandates federal identification standards and requires states DMVs, which have become the targets of identity thieves, to collect sensitive personal information. Legislators in both parties urged debate and more than 600 organizations opposed the legislation. (May 11)
  • Widespread National Opposition to Real ID Act. More than 600 organizations have expressed opposition to the Real ID Act. Only two groups?Coalition for a Secure Driver's License and Numbers USA?support the controversial national ID plan. Organizations such as the American Association of Motor Vehicle Administrators, National Association of Evangelicals, American Library Association, Association for Computing Machinery (pdf), National Council of State Legislatures, American Immigration Lawyers Association (pdf), and National Governors Association are among those against the legislation. The REAL ID Act seeks to impose federal identification standards upon the states and mandate that state DMVs collect sensitive personal information. (May 5)
  • 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. (May 4)
  • Sweeping ID Bill Faces Opposition in the Senate. A bipartisan coalition of senators is urging debate on a bill that would establish a federal mandate for identification standards across the United States. The REAL ID Act would impose technological standards and verification procedures on the states, many of which are beyond the current capacity of the federal government. The bill is opposed by the National Governors Association, the National Conference of State Legislatures, the Council of State Governments, and the American Association of Motor Vehicle Administrators. 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." (Apr. 22)
  • UK Plans to Add Biometrics to Passports. The United Kingdom's Home Office said yesterday that it plans to fingerprint all passport applicants within the next five years and store the data on chips embedded in passports. This comes just days after the government was forced to pull pending legislation for a national identity card program using biometric technology. A recent report (pdf) by academics from the London School of Economics and Political Science recommended that legislators abandon the legislation because current proposals were "too complex, technically unsafe, overly prescriptive and lack a foundation of public trust and confidence." The Labor Party had promised to revisit the issue if it retains the ruling position after the May 6 general election. The fingerprinting plan bypasses Parliament because passports are granted by Royal Prerogative. (Apr. 14)
  • Privacy Report Slams Canada ID Plans. An international report finds serious flaws in a Canadian proposal for a national ID card that would require fingerprints and iris scans of all Canadians. The ID plan, which will be discussed at a conference on biometrics in Ottawa, would exceed $5 billion and offer no security to the country. A Canadian parliamentary committee report also questioned the proposal. See EPIC and PI's recent Privacy and Human Rights 2003 report for background and EPIC pages on National ID Cards and Biometrics. (Oct. 8, 2003)
  • EPIC Advises Senate Against Standardized Driver's License. EPIC submitted a letter for the record of a Senate hearing on standardizing the state driver's license system. The letter notes the significant public opposition to such a scheme and the privacy and security risks of creating a national identification system based on the state driver's license (see EPIC Report "Your Papers, Please: From the State Drivers License to a National Identification System," PDF). (Apr. 17, 2002)
  • EPIC Files Suit against Office of Homeland Security. EPIC filed suit today against the Office of Homeland Security (OHS), seeking the expedited release of documents concerning the secret development of a government National identification system. See EPIC v. Office of Homeland Security (PDF), filed April 2, 2002, D.C. Dist. Ct. (Apr. 2, 2002)
  • EPIC National ID Report: "Your Papers, Please." EPIC has released the report "Your Papers, Please: From the State Drivers License to a National Identification System." The report (PDF) analyzes the proposal from the American Association of Motor Vehicle Administrators (AAMVA) to convert state driver's licenses into National ID cards. (Feb. 13, 2002)
  • EPIC Urges Administration to Reject National ID. EPIC and a coalition of civil liberties groups have sent a letter to President Bush and Transportation Secretary Mineta urging them to reject the creation of a National ID Card through the standardization of state driver's licenses. (Feb. 11, 2002)
  • Driver's License Administrators Propose Expanding ID Scheme. On January 14th, a committee of the American Association of Motor Vehicle Administrators (AAMVA) announced recommendations for including biometric data on state drivers' licenses and linking drivers' personal data across the 50 states. The announcement was webcast. EPIC has made a request for the working group documents of the Task Force on Identification Security. (Jan. 11, 2002)
  • EPIC Holds Shred-In. In conjunction with the House hearing on the National ID card proposal, EPIC held a "Shred-In" National ID Card protest (view photo gallery and flyer in PDF) on Capitol Hill at the "East Front House Grass Area" near the intersection of Independence and First Streets SE. Shredders were provided to all, and protesters joined together in shredding National ID Cards bearing Larry Ellison's picture. (Nov. 16, 2001)
  • New Documents Reveal Secret Service Role in National Identity Database. As reported in Wired News, Image Data -- a company seeking to provide a new method of stopping credit card and check fraud -- has been building a database of cross-referenced photographs and purchase histories. Documents obtained by EPIC through Freedom of Information Act requests show the role of the Secret Service in directing and funding Image Data's pilot programs. In its project of establishing an unprecedented national identity database, Image Data purchases driver's license photos without the permission or knowledge of citizens. (Sept. 1999)
  • DOT Issues Rules to Make Drivers Licenses into National ID Card. The US Department of Transportation issued a proposed rule on June 16, 1998 requiring that all states issue new drivers licenses that use the SSN, and limit government transactions to those with approved ID cards.