[Infowarrior] - Senators Threaten To Repeal Real ID Act Unless Changes Are Made

[Richard Forno]

(c/o pogowasright.org)

Senators Threaten To Repeal Real ID Act Unless Changes Are Made

If the Department of Homeland Security does not agree to changes that reduce
the burden on state governments and increase privacy protections for
citizens, two senators say they will try to have the national ID law
repealed.

By K.C. Jones,  InformationWeek
Dec. 14, 2006
URL: 
http://www.informationweek.com/story/showArticle.jhtml?articleID=196604402

Two Senators proposed legislation last week to repeal the Real ID Act of
2005.

The lawmakers are likely to take the issue up again during the 110th
Congress. Sen. Daniel Akaka, a Hawaii Democrat, and Sen. John Sununu, a New
Hampshire Republican, are pushing for individual privacy protections and
lower costs for state governments. If the Department of Homeland Security
will not agree to changes that reduce the burden on state governments and
increase privacy protections for citizens, Akaka said he would try to have
the national ID law repealed.

Akaka echoed complaints from hundreds of groups -- including the National
Rifle Association, the American Civil Liberties Union, and associations
representing state lawmakers -- in criticizing the legislation. He noted
that the law was attached to defense spending, tsunami relief, and terror
prevention. He said the proposal was not subjected to scrutiny, floor
debate, or hearings before Congress was "forced" to pass it.

The Real ID Act requires state licenses and identification to meet a series
of requirements in order to be considered valid for entering federal
buildings or boarding planes.

He pointed to a study by the National Governors' Association that concluded
states would have to spend $1.42 billion to meet the act's requirement that
state governments electronically verify all documents people use when
obtaining drivers licenses. A re-enrollment requirement would cost about $8
billion in five years, he said. The whole program would cost $11 billion,
according to the governors' association.

That's because states would have to adopt new electronic systems for
verifying documents like birth certificates and would have to link those
systems to other states to meet requirements for residents born elsewhere.
The act would hinder or entirely stop online and mail order renewals,
creating backups at motor vehicle departments, Akaka said.

"In addition to the cost imposed on states, Real ID imposes an unrealistic
timeframe," he said. "Under the law, states must have Real ID compliant
systems in place by May 2008. Yet implementing regulations have not been
issued."

Once the Homeland Security department issues the regulations, the U.S.
Office of Management and Budget has 90 days to review them. By the time that
is done, states will have about a year to develop electronic verification
systems, redesign drivers' licenses, establish protocols for securing
personal data, increase motor vehicle staff and find funding for the
overhaul, Akaka pointed out.

"It's taken DHS over a year and a half just to issue the regulations," he
said. "Expecting the states to execute the new system in even less time is
unrealistic.

Akaka also criticized requirements for collection and storage of sensitive,
personally identifiable information, including Social Security numbers,
proof of residence and biometric identifiers.

"If the new state databases are compromised, they will provide one-stop
access to virtually all information necessary to commit identity theft," he
said.

Information sharing between agencies could allow millions of people to
access the information, he said. Finally, there are no protections to stop
the private sector from scanning and sharing information.

"Despite these obvious threats to Americans' privacy, the Real ID Act fails
to mandate privacy protections for individuals' information nor does it
provide states with the means to implement data security and anti-hacking
protections that will be required to safeguard the new databases mandated by
the Act," Akaka said.

Akaka said he plans to review upcoming DHS regulations to see if they
address the issues before taking further action on the bill.