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The Real ID Act


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146 replies to this topic

#1 of 147 Colton

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Posted June 21 2006 - 01:54 AM

The Real ID act started off as H.R. 418, which passed the House and went stagnant. It was then attached as a rider on a military spending bill (H.R. 1268), by Representative Sensenbrenner ® of Wisconsin (the author). It was signed into public law (109-13) on May 11, 2005.

How will this affect you?
Starting three years from now, if you live or work in the United States, you'll need a federally approved ID card to travel on an airplane, open a bank account, collect Social Security payments, or take advantage of nearly any government service. Practically speaking, your driver's license likely will have to be reissued to meet federal standards.

After May 11, 2008, "a Federal agency may not accept, for any official purpose, a driver's license or identification card issued by a State to any person unless the State is meeting the requirements" specified in the Real ID Act. States remain free to also issue non-complying licenses and ID's, so long as these have a unique design and a clear statement that they cannot be accepted for any Federal identification purpose. The federal Transportation Security Administration is responsible for security check-in at airports, so bearers of non-compliant documents would no longer be able to travel on common carrier aircraft.
Each card must include, at a minimum:

* The person's full legal name.
* The person's date of birth.
* The person's gender.
* The person's driver's license or identification card number.
* A digital photograph of the person's face.
* The person's address of principal residence. (This would be quite inconvenient for people who need to move frequently.)
* The person's signature.
* Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes.
* A common machine-readable technology, with defined minimum data elements (the details of which are not spelled out, but left to the Secretary of Homeland Security, in consultation with the Secretary of Transportation and the States, to regulate).

Homeland Security is permitted to add additional requirements--such as a fingerprint or retinal scan--on top of those. We won't know for a while what these additional requirements will be.

How did this sneak past me?
They attached it to a must-pass spending bill (H.R. 1268) for our troops in Iraq. Therefore, no one dared oppose it.

The Real ID Act would establish what amounts to a national identity card. State drivers' licenses and other such documents would have to meet federal ID standards established by the Department of Homeland Security.

The Real ID Act says federally accepted ID cards must be "machine readable," and lets Homeland Security determine the details. That could end up being a magnetic strip, enhanced bar code, or radio frequency identification (RFID) chips.

In the past, Homeland Security has indicated it likes the concept of RFID chips. The State Department is already going to be embedding RFID devices in passports, and Homeland Security wants to issue RFID-outfitted IDs to foreign visitors who enter the country at the Mexican and Canadian borders. The agency plans to start a yearlong test of the technology in July at checkpoints in Arizona, New York and Washington state.

http://news.com.com/....3-6075218.html

Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, says: "It's going to result in everyone, from the 7-Eleven store to the bank and airlines, demanding to see the ID card. They're going to scan it in. They're going to have all the data on it from the front of the card...It's going to be not just a national ID card but a national database."

What is a RFID chip?
VeriChip is the first FDA-approved human-implantable RFID microchip. VeriChip received United States Food and Drug Administration approval in 2002. About twice the size of a grain of rice, the device is typically implanted above the triceps area of an individual’s right arm, though is sometimes implanted in the hand, or attached to jewelry outside the body to be easily removed for privacy.

Posted Image

Once scanned at the proper frequency, the VeriChip responds with a unique 16-digit number which can correlate the user to information stored on a database for identity verification, medical records access and other uses. The insertion procedure is performed under local anesthetic and once inserted, is invisible to the naked eye. The process can be performed in a physician’s office and takes only a few seconds.

http://news.com.com/....20.html?tag=nl

Without a Real ID card:

1. You will not be able to drive a car.
2. You will not be able to board an airplane.
3. You will not be able to enter a Federal building.
4. You will not be able to collect Social Security.
5. You will not be able to receive a paycheck or conduct business at any bank.

- Colton

#2 of 147 James Pfann

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Posted June 21 2006 - 03:19 AM

"Stoi! papers please."

#3 of 147 Kyle McCabe

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Posted June 21 2006 - 04:38 AM

This kind of thing will continue as long as Americans retain this overwhelming sense of apathy that plagues us more and more with every new generation. People just don't care anymore. As long as we have our Game Boys, Bud Light, and Cadillacs, we'll be happy. Don't bite the hand that fees you cable TV. Pretty sad if you ask me.
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#4 of 147 Randy Tennison

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Posted June 21 2006 - 06:44 AM

Cats and Dogs, living together, Mass Hysteria!

Humor aside, there's a bit of knee jerk in your posting. The Federal Government is simply requiring all state issued ID's to meet a minimum level of security and design. Nowhere in the act is it establishing a "Federal ID". The US government isn't issuing the ID's. They are simply setting the standards which states must use when issuing State issued ID's. When you get your new license, it will have new design and security elements. As you posted, the ID's have to have, at a minimum, the following:

* The person's full legal name. - Already on Drivers License.
* The person's date of birth. - Already on Drivers License.
* The person's gender. - Already on Drivers License.
* The person's driver's license or identification card number. - Already on Drivers License.
* A digital photograph of the person's face. - Already on Drivers License.
* The person's address of principal residence. - Already on Drivers License.
* The person's signature. - Already on Drivers License.
* Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. - Most states have features, some better than others. This would standardize the features across all 50 states.
* A common machine-readable technology, with defined minimum data elements - Most states have a machine readable portion. It is not standardized. What's wrong with having one standard all states follow?

Your list of "You will nots" also has some stretchs of reality.

1. You will not be able to drive a car. - Not sure how this one is involved. States grant the right to drive, not the federal government.

2. You will not be able to board an airplane. - Can with a Passport. The law is dealing with state issued ID's. A Passport is a federal issued ID.

3. You will not be able to enter a Federal building. - I enter Federal Buildings all the time, and don't have to show ID. In some, I have to be screened for weapons, but otherwise, nothing.

4. You will not be able to collect Social Security. - I see this as a good thing. But, again, not an issue.

5. You will not be able to receive a paycheck or conduct business at any bank. - Again, not sure why you can't receive a paycheck? The law restricts the federal government, not private business. Banks are not the federal government.

Overall, what will happen is the states will conform with the guidelines, which won't be that tough for most. No federal database will be created. States already have Interstate Compacts that share driver license / conviction information, so nothing amazing there.

It's really much to do about nothing, IMHO.

For everyone, here is the verbage of the law

Title II: Improved Security for Driver's Licenses and Personal Identification Cards - (Sec. 202) Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements, including the incorporation of specified data, a common machine-readable technology, and certain anti-fraud security features.

Sets forth minimum issuance standards for such documents that require: (1) verification of presented information; (2) evidence that the applicant is lawfully present in the United States; and (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).

(Sec. 203) Requires States, as a condition of receiving grant funds or other financial assistance under this title, to participate in the interstate compact regarding the sharing of driver's license data (the Driver License Agreement).

(Sec. 204) Amends the Federal criminal code to prohibit trafficking in actual as well as false authentication features for use in false identification documents, document-making implements, or means of identification.

Requires the Secretary to enter into the appropriate aviation security screening database information regarding persons convicted of using false driver's licenses at airports.

(Sec. 205) Authorizes the Secretary to make grants to assist States in conforming to the minimum standards set forth in this title.

(Sec. 206) Gives the Secretary all authority to issue regulations, set standards, and issue grants under this title. Gives the Secretary of Transportation all authority to certify compliance with such standards.

Authorizes the Secretary to grant States an extension of time to meet the minimum document requirements and issuance standards of this title, with adequate justification.

(Sec. 207) Repeals overlapping document provisions of the IRTPA.

(Sec. 208) States that nothing in this title shall be construed to affect the authorities and responsibilities of the Secretary of Transportation or the States under existing laws governing the establishment of a National Driver Register.
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#5 of 147 Kyle McCabe

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Posted June 21 2006 - 08:37 AM

Randy,

I certainly see your point. It's not really a big deal in the grand scheme of things. This act isn't going to affect our lives one bit.

BUT, one thing is obvious. The federal government works in incrementalism. Give 'em an inch, they take a mile. They don't trust us to actually be "free" and govern ourselves, nor do they trust the State level governments "keep everyone in line". It's simply an issue of power. I don't see any reason to give them any more than they need- which is none.

I'm a firm believer in State's Rights, which was outlined in the original Constitution. The more we chip away at it and go over the heads of the State level governments, the more we are denying ourselves the liberty to reside in areas with like-minded individuals who make like-minded laws.

Just look at all of the rediculous gun laws, the so-called "war on drugs", and the new tax bills that pop up several times a year. Someone is profiting off what is supposed to be our liberty. It doesn't matter if they're not taking away enough to "make a difference", they're still taking it away. Just little by little.

BTW, this post was not to argue ANY point that you made. I'm simply stating my opinion on the matter.
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#6 of 147 Greg_R

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Posted June 21 2006 - 09:59 AM

You will need to own a HDTV by the year 2000 because all broadcasts are switching over to the new standard... Posted Image

#7 of 147 Patrick_S

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Posted June 21 2006 - 12:29 PM

Quote:
Originally Posted by Randy Tennison
Overall, what will happen is the states will conform with the guidelines, which won't be that tough for most. No federal database will be created. States already have Interstate Compacts that share driver license / conviction information, so nothing amazing there.

It's really much to do about nothing, IMHO.
Actually your comment about how it won't be tough for most states to follow the standards is probably not very accurate.

I happen to be working with one of the largest DMVs in the country and the Real ID act as the potential to be a real nightmare for them. Most don’t have the EDMSs that they will need and none of the ones I work with have the necessary capture devices.

Of course the real problem is that as of now the Federal Government is not committing money for project. Yes the verbiage of the act says the Secretary can grant money but so far all of the DMVs I work with have been told there is no money for the project now or in the foreseeable future. It appears that they will simply set the standards then make the individual states come up with the money necessary to comply with the standards.

Also no Federal database will be created but the Feds have made mention that in the future there is going to have to be someway for them to be able to data mine all of the individual data bases. So it's not really one all inclusive federally run db but 50 individual ones. In the end it's really just semantics to say there won't be a Federal db just because they will leave the administration of the dbs to the states while they will still be able to use all of the data.

It will be interesting to see the complications that arise when this system will is rolled out.

#8 of 147 Christ Reynolds

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Posted June 21 2006 - 04:03 PM

if the ACLU hates it, i'm all for it.

the original post said it was signed into law in 05/2005, so is this being implemented now?

CJ
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#9 of 147 Edwin-S

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Posted June 21 2006 - 08:10 PM

How did this get started? This has the potential to get political real fast. The ACLU comment is already a signal as to how this thread could trend. Not that I don't agree with the original poster: identity cards have a way of leading to other freedom repressing measures.
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#10 of 147 Colton

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Posted June 21 2006 - 09:15 PM

CR,

The REAL ID Act won't be enforced until May 11, 2008. RFID tests are being done to troubleshoot kinks in the system.

http://news.com.com/....20.html?tag=nl

Don't want this thread to become political. It's just an awareness message.

- Colton

#11 of 147 cafink

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Posted June 22 2006 - 01:27 AM

What does the bit about "human-implantable RFID chips" have to do with the rest of the article?
 

 


#12 of 147 Francois Caron

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Posted June 22 2006 - 04:36 AM

Man! If it ever becomes difficult to simply travel to the United States even with my Canadian passport, I'll start spending my vacations in other countries!

#13 of 147 Randy Tennison

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Posted June 22 2006 - 08:12 AM

What I see here, in my opinion, is a good thing. I've been a police officer, state investigator, and now, private sector fraud investigator. As an example, one of the things we always use to see was people who committed frauds got Kansas ID's, instead of Missouri. Why? It was easier to get, with fewer requirements. It got to the point that if you saw a Kansas ID (not driver license), and someone was using it to cash a check, you could pretty much guess it was fraudulent.

With 50 states, there is a wide range of standards in identification cards. Somewhere in the list is the easiest ID/DL's to forge/duplicate. And that is the one that is most heavily exploited by dishonest people, and possibly by people with terroristic motives. If [insert state name here] has the easiest state ID to counterfeit, then guess which ones the people with questionable motives will use.

This act creates an "across the board" standard. Now, all 50 states, while still maintaining their rights to issue ID's and DL's, will have consistant security measures built into those ID's. The information on those ID's will be consistant. And, it will be easier to recognize a counterfeit ID by those charged with protecting us. Honestly, when I was a cop, and I stopped an out of state car, I would not know if someone was giving me a legitimate DL. I don't know what each one looks like. I'd have to get out my ID book

Nowhere in there do I see any rights being taken away. No "slippery slope" of governmental intrusion into our lives. Most of us already have some form of state/federal issued identification. This just makes it uniform.

As far as the federal government data mining the records, all Driver License records are accessible for all states. I could run a person from any state, and get all the information back. FBI has much greater access. So, as far as I know, there's really nothing new there.

But, then again, that's just my opinion. I could be wrong!
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#14 of 147 Jeff Ulmer

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Posted June 22 2006 - 09:00 AM

I see no reason a uniform identification standard shouldn't be adopted, but I do have issues with how and what.

There is policy in place that will require anyone crossing from Canada into the US to have a passport. Aside from being highly discriminatory against lower income earners due to the expense involved in obtatining one every four years, the security measures for passport application are a joke.

I would love to have a piece of ID that could not be forged or faked that would expedite my crossing of the border, but I feel that the way these measures are being put in place are neither well thought out or really serves the purpose they are designed for. They will create a false sense of security that will be exploited by those who find ways to work around them, while creating unnecessary inconvenience and expense for honest people.

Why not get it over with at birth: DNA sample and fingerprints on record from day one. You commit a crime, and you are already caught.

#15 of 147 Eric_L

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Posted June 22 2006 - 09:58 AM

There is allready too much government 'supervision' of our lives. Nearly every transaction you do is traced and recorded. You cannot buy anything online wihtout it being recorded by your credit card company. You cannot travel anywhere by public transportation without the government knowing exactly where you are going and coming from, your paycheck is traceable, your viewing habits recorded by TIVO, your internet habits recorded by your ISP and your cell phone and telephone recordes recorded by your providor. As credit cards become more like currency each transaction you make is recordable. Every vehicle you own is recorded. Your bank transactions are recorded. Your medical records are recorded. Even what books you check out at the library. All of this is done wihtout your knowledge or consent. You do not have the ability to restrict access to it. If the government wants it - they get it. Period. Our forefathers would be spinning in their graves.
The US government has become too large and too close to big brother. Regardless of the paranioa of a standardized ID - I will freely admit that the government has become far too large and overbearing - taking too much of our privacy in the name of 'protecting' us, be it terrorism, underage drinking, drug wars, organized crime, or whatever other boogyman they conjure to suit themselves.

#16 of 147 Edwin-S

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Posted June 22 2006 - 10:15 AM

Quote:
Why not get it over with at birth: DNA sample and fingerprints on record from day one. You commit a crime, and you are already caught.

You volunteer first and then maybe I'll consider it.

I, personally, am not interested in national identity cards, papers, rfid marking or any other government intrusion with the express purpose of tracking a person's movements. Frankly, I'm more worried about the propensities of government authoritarians than I am about terrorists. A terrorist can only kill you but an authoritarian can make your life such a living hell that you will wish you were dead. There is any number of countries in the world that prove that point.

The freedom to move within the boundaries of the nation without government interference or tracing has been part of our culture for a long time and I am not about to agree to give it up in order to fight the "boogeyman" of terrorism.
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#17 of 147 CRyan

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Posted June 22 2006 - 02:42 PM

Quote:
Originally Posted by Eric_L
There is allready too much government 'supervision' of our lives. Nearly every transaction you do is traced and recorded. You cannot buy anything online wihtout it being recorded by your credit card company. You cannot travel anywhere by public transportation without the government knowing exactly where you are going and coming from, your paycheck is traceable, your viewing habits recorded by TIVO, your internet habits recorded by your ISP and your cell phone and telephone recordes recorded by your providor. As credit cards become more like currency each transaction you make is recordable. Every vehicle you own is recorded. Your bank transactions are recorded. Your medical records are recorded. Even what books you check out at the library. All of this is done wihtout your knowledge or consent. You do not have the ability to restrict access to it. If the government wants it - they get it. Period. Our forefathers would be spinning in their graves.
The US government has become too large and too close to big brother. Regardless of the paranioa of a standardized ID - I will freely admit that the government has become far too large and overbearing - taking too much of our privacy in the name of 'protecting' us, be it terrorism, underage drinking, drug wars, organized crime, or whatever other boogyman they conjure to suit themselves.


Complain to private business for this. The government certainly has nothing to do with it. Now, they do have access to it but they did NOT create it. It is the company you an I work for, our banks, the local blockbuster, and Credit companies that are responsible.

Private business has demanded background checks of prospective employees. So guess what, databases have popped up everywhere to fill the need. Banks want to feel secure loaning you money. So guess what, they started keeping track of our credit history. Our information is out there with very little regulation as to the privacy of that information.

To be honest, I would like to see more regulation here than worry about what the government is doing with ID's.

#18 of 147 Christ Reynolds

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Posted June 22 2006 - 04:41 PM

Quote:
Originally Posted by Eric_L
As credit cards become more like currency each transaction you make is recordable. Every vehicle you own is recorded. Your bank transactions are recorded. Your medical records are recorded.
did you ever think that it may be GOOD that these things are being recorded? my bank transactions and medical records...i'm glad someone is writing that shit down.

CJ
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#19 of 147 BrianB

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Posted June 22 2006 - 06:03 PM

Quote:
my bank transactions and medical records...i'm glad someone is writing that shit down.

Why? Why is it good for a record that can be shared with the government without your knowledge, a record you have no control over the correctness of? Why should the government know which library books you've borrowed?
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#20 of 147 Randy Tennison

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Posted June 23 2006 - 02:27 AM

Quote:
Originally Posted by Edwin-S
The freedom to move within the boundaries of the nation without government interference or tracing has been part of our culture for a long time and I am not about to agree to give it up in order to fight the "boogeyman" of terrorism.

Edwin, maybe I'm confused, but how does having standardized security measures on state issued ID's interfer or trace your movement intrastate? And, who is asking you to give it up?

Quote:
Originally Posted by Eric.L
I will freely admit that the government has become far too large and overbearing - taking too much of our privacy in the name of 'protecting' us, be it terrorism, underage drinking, drug wars, organized crime, or whatever other boogyman they conjure to suit themselves.

What privacy has been taken by the government? As CRyan mentioned, it's business, not the government, who is tracking our every move, purchase, etc.

I always hear, "We've lost so many rights". Can anyone tell me a constitutionally granted right that we've lost?
Randy T.
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