[Infowarrior] - Editorial: Real ID act has been a real fiasco

[Richard Forno]

Friday, April 4, 2008
Editorial: Real ID act has been a real fiasco
Many states ­ including California ­ are rightly resisting this form of
national ID card
An Orange County Register editorial

http://www.ocregister.com/articles/act-states-state-2011439-security-federal

One of the deadlines has passed for states to comply with the so-called
Real-ID Act, which would force state driver's licenses to comply with
certain federal standards and put personal data into a database accessible
by thousands of government employees. The Department of Homeland Security
has agreed to pretend that several states that are actively resisting the
act's unfunded mandates are actually taking steps toward compliance, and has
granted them waivers, mainly to save face. A better course would be for
Congress to admit that the act was a mistake in the first place and repeal
it.

Enacted in 2005, the Real ID Act was a knee-jerk response to the threat of
terrorism, specifically to the fact that the 19 9/11 hijackers had state
driver's licenses, some fraudulently obtained. If we tighten up the
requirements, went the rationale, and require more secure identification ­
like an original copy of a birth certificate ­ maybe we can make things a
little tougher for future would-be terrorists.

But there is no popular constituency for a national ID card beyond a few
determined bureaucrats, and even as degraded as current understanding of the
Constitution is, the federal government has no power to require state
governments to issue driver's licenses in a uniform fashion. But federal
officials have a lever. Under the legislation, a Real-ID form of
identification will be required to enter federal facilities, such as federal
courthouses, or to use federally regulated forms of transportation, like
airlines. That's a big hammer. If states don't fall into line, their
residents might not be able to board a commercial airliner.

The act also, of course, allows the secretary of Homeland Security to
require such an ID for "any other purposes that the Secretary shall
determine." There's already talk of requiring one to open a bank account,
and one assistant secretary has proposed requiring the ID for cold medicine.
Yep, cold medicine.

The big trouble is that there's no evidence that this Draconian act, even if
fully implemented, would be more than a minor inconvenience for a determined
terrorist. But having all that information ­ including copies of birth
certificates and Social Security cards ­ available in one database would
make an irresistible target for identity thieves. And it would be a major
inconvenience for millions of innocent Americans and a major expense for
state governments ­ meaning taxpayers.

The Department of Homeland Security estimates it will cost states $3.9
billion to comply with the act, but the National Conference of State
Legislatures pegs it at more than $11 billion; 17 states have passed laws or
resolutions opposing Real ID. In California, Assembly Joint Resolution 51 is
pending.

In the Senate Judiciary Committee on Wednesday Chairman Patrick Leahy of
Vermont criticized the Department of Homeland Security for "bullying" the
states over Real ID. He and others should bite the bullet and repeal this
useless, intrusive, money-wasting law.