FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON - The American Civil Liberties Union today slammed draft
regulations for the implementation of the Real ID Act released by the Department
of Homeland Security, calling them a "real nightmare" for America that will only
lead to a national identity card system that violates personal privacy, bigger
bureaucratic messes, longer lines, increased identity theft and higher fees.
"Real ID is a really bad idea - and these regulations have only made it
worse," said Caroline Fredrickson, Director of the ACLU Washington Legislative
Office. "It should now be clear to everyone that Congress needs to fix this
disaster-in-the-making. Raising the bulkheads on the Titanic only delayed the
inevitable. Delaying implementation of Real ID does the same. Instead of dealing
with the problems itself, this administration is leaving the mess of Real ID to
the next administration"
The Real ID Act, a national ID card system that would federalize and
standardize state driver’s licenses, was forced through Congress in 2005 as part
of a must-pass military appropriations bill. It will require every person in the
country to have a Real ID-compliant identification document in order to fly on
commercial airlines, enter government buildings, open a bank account, and more.
Specifically, the ACLU’s concerns with the DHS regulations include the
following:
The DHS proposal to delay implementation fails to address the
fundamental problems with the Act. Real ID remains a misguided policy that will
waste money and create significant problems, without improving security.
- Real ID will cost even more than anticipated. DHS concedes that the
cost to the states will range from $10.7 billion to $14.6 billion, and adds that
individuals will have to cover an additional $7.8 billion in costs, raising the
price tag for Real ID to a whopping $23 billion.
Real ID is a federal takeover of the state DMVs. The regulations
dictate details of DMV operations in a range of areas. Everything from the color
of the card background to the fonts used on the card’s face must conform to the
federal standard, requiring states to overhaul their systems
completely.
The regulations are built on ‘vaporware’ databases. Sharing all the
information in state databases with all other states is one of the most
difficult challenges of Real ID. DHS abdicates responsibility and leaves it to
the states to figure it out. Many of the major verification systems envisioned
by DHS, including verifying passports and foreign documents, don’t exist. The
birth certificate verification database is still in its infancy.
- DHS punts on privacy. On the danger of license data being scanned
and sold by third parties, which will contribute to massive identity theft, the
regulations state, "DHS believes that it would be outside its authority to
address this issue within this rulemaking," and encourages the states to come up
with a solution.
- The DHS verification requirements are even more onerous than the act
requires. In many cases, DHS did not ease burdens on states and individuals, but
in fact increased them. Verification of all identity documents will be required
not just to obtain a Real ID, but also for renewal. Proof of address must be
shown with not just one document, but two. Birth certificates must be verified
with state vital records offices, and the regulations provide flexibility only
for extraordinary circumstances.
- The exemptions leave a security hole that terrorists could drive a
truck through. Because many Americans will not have source documents, DHS has
acknowledged it needs an exemption allowing individuals to bypass many of the
states’ verification and document requirements. Unfortunately, this will also
allow identity thieves and terrorists to exploit loopholes in the system, and
obtain Real IDs. This simply demonstrates the fundamental security flaws that
underlie Real ID.
"Simply put, DHS’s draft regulations for the Real ID Act get a failing
grade," said Barry Steinhardt, Director of the ACLU’s Technology and Liberty
Project. "As our Real ID Scorecard shows, these draft regulations fail to
address the concerns that have been raised about Real ID’s impact on the states
and Constitutional rights." Steinhardt said that the ACLU would shortly be
releasing a scorecard that would systematically measure the extent to which the
regulations solve the problems with Real ID that have been identified.
A growing nationwide rebellion against Real ID is currently underway within
the states. In January, the Maine legislature passed a resolution rejecting
participation in the ID scheme, and similar legislation has been passed by one
chamber in the legislatures of Arizona, Georgia, Idaho, Montana, New Mexico,
Utah, Vermont and Wyoming. Bills rejecting Real ID have also been introduced in
Arizona, Hawaii, Illinois, Kentucky, Maryland, Minnesota, Missouri, Nebraska,
New Hampshire, Oklahoma, Rhode Island, South Carolina, Washington and West
Virginia, with more expected in the coming weeks.
In Congress, Senators Daniel Akaka (D-HI), John Sununu (R-NH) and
Representative Tom Allen (D-ME) have introduced legislation to add important
privacy and civil liberties safeguards to the Real ID Act. Their similar bills
would eliminate most of the requirements that laid the foundation for a National
ID card. Their bills also call for more flexible "standards" instead of the
current uniform mandates. The bills would prohibit the use of license data by
third parties, require data encryption and preserve any state privacy laws that
may provide greater protections.
"The Real ID Act is the marriage from hell --these regulations marry the
efficiency of those who ran the Katrina recovery with the people who brought you
long lines at the DMV - they will make getting a driver’s license a real
ordeal," said Timothy D. Sparapani, an ACLU Legislative Counsel "Real ID creates
huge burdens for Americans, places a massive unfunded mandate on state
governments and fails to provide real security. We urge lawmakers instead to
pursue proposals like the Akaka-Sununu bill and the Allen bill to restore
privacy protections."
The draft DHS Real ID regulations can be read at: www.aclu.org/safefree/general/28735leg20070301.html
