REAL ID is Punted Again: Via CDT - Center for Democracy & Technology..

DHS pushed back the December 31 deadline for REAL ID compliance until May 11, 2011  providing (at least in theory) the 46 states that have not yet improved driver's license standard more time to do so.  WIth PASS ID — the bill that would make REAL ID easier to comply with and add privacy protections — still not through the Senate, it is not terribly surprising that REAL ID is once again delayed.  CDT still worries that the climate will be different at the next deadline and the compromise that forces the hand of the states to act will not be nearly as privacy-friendly as PASS ID.

Read Original Article:(Via CDT - Center for Democracy & Technology..)

Move to National ID Cards Delayed: Via Threat Level.

The United States’ quest for a national identification database associated with driver’s licenses won’t be finished by year’s end.

The deadline was Dec. 31 for the states to have created what would be the largest identification database of its kind under the auspices of the Real ID program. The law also mandates uniform anti-counterfeiting standards for state driver’s licenses.

None of the states are in full compliance with the law, first adopted in 2005, requiring the states’ motor vehicle bureaus to obtain and internally scan and store personal information like Social Security cards and birth certificates for a national database, according to the American Civil Liberties Union. About half the states oppose the mandate, or have said they would never comply.

Beginning Jan.1, the law was supposed to have blocked anybody from boarding a plane using their driver’s license as ID if their resident state did not comport with the Real ID program. But the Department of Homeland Security is set to extend, for at least a year, the deadline of the Real ID program that has raised the ire of privacy advocates. [ Read more ... ]

Real ID Follies Continue with PASS ID Waiting in the Wings: Via EFF.org Updates.

As 2009 draws to a close, we're inching ever deeper into the corner that Congress painted us into by passing Real ID under the table in 2005. (Recall that Real ID is the failed, Bush-era attempt to turn state drivers licenses into national ID cards by forcing states to collect and store licensee data in databases, and refusing to accept non-compliant IDs for federal purposes, like boarding a plane or entering a federal building.)

The official deadline for states to comply with the Department of Homeland Security's (DHS) final Real ID rule is December 31, 2009, and an estimated 36 states will not be in compliance by then, leading to some ambiguity for many citizens. For example, will residents of Montana be able to board planes in January 2010 with only a driver’s license (a state-supplied, technically non-compliant document) and without a passport (an identity document issued by the federal government)?

Past history strongly suggests that DHS will issue last-minute waivers to states that have not amped up their drivers licenses to adhere to Real ID. [ Read more ... ]

FBI delves into DMV photos in search for fugitives: Via The Associated Press on Google.

RALEIGH, N.C. — In its search for fugitives, the FBI has begun using facial-recognition technology on millions of motorists, comparing driver's license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

The project in North Carolina has already helped nab at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong.

"Everybody's participating, essentially, in a virtual lineup by getting a driver's license," said Christopher Calabrese, an attorney who focuses on privacy issues at the American Civil Liberties Union. [ Read more ... ]

Syracuse University Orange to Crush Student Privacy Rights: Via CDT - PolicyBeta.

Recently Syracuse University, my alma mater, took steps to increase campus security by installing a video-surveillance system in all entrances and exits of residence halls and one academic building. This took two years of planning for the 168 new cameras being installed on campus, but it is unclear how the University is ensuring the privacy of students as they begin to monitor the campus over video.

When implementing a video surveillance system of this scale, people often forget that it’s not just the “bad guys” and criminals that end up on the tape, it’s every person walking through the building. Every day, these tapes will archive the movements of thousands of students, faculty and staff members at the university, most of which will never be involved in a crime.

Students may worry that “big brother” is watching them even as they go about the mundane details of their day, moving in and out of their buildings, but they should also be aware of data retention issues associated with this system and demand answers and that appropriate privacy policies be put in place. [ Read more ... ]

PASS ID: REAL ID Reanimated: Via EFF.org Updates.

In February, the opponents of REAL ID were given a bit of hope when Homeland Security Secretary Janet Napolitano said that she wanted to repeal the REAL ID Act, the federal government's failed plan to impose a national identification card through state driver's licenses. But what has taken place since is no return to sanity, as political machinations have produced a cosmetic makeover called "PASS ID" that has revived the push for a national identification card.

The PASS ID Act (S. 1261) seeks to make many of the same ineffectual, dangerous changes the REAL ID Act attempted to impose. Fundamentally, PASS ID operates on the same flawed premise of REAL ID -- that requiring various "identity documents" (and storing that information in databases for later access) will magically make state drivers' licenses more legitimate, which will in turn improve national security. [ Read more ... ]

Congressmen: Pass ID Threatens Americans: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

It’s not every day that privacy advocates agree with this particular group of four congressmen. But in Tuesday’s Washington Post, Congressmen Darrell Issa (R-Calif.), Lamar Smith (R-Texas), Jim Sensenbrenner (R-Wisc.) and Peter King (R-N.Y.) spoke out against PASS ID as a threat to our national security. We concur: PASS ID does present unnecessary risk, all while doing nothing to aid national security.

Unfortunately, once you get past the headline, our agreement pretty much ends. The four congressmen are actually supporters of the failed Real ID Act — Rep. Sensenbrenner is the act’s author. They oppose PASS ID because they feel it weakens some of Real ID’s more draconian requirements.But the PASS ID Act is no benign alternative. It exposes Americans to an increased risk of identity theft, endangers victims of domestic violence, and cuts off religious minorities and some legal immigrants from full participation in society. [ Read more ... ]

CDT Testifies on Reevaluating REAL ID Act: Via Center for Democracy and Technology.

CDT testified Wednesday before the Senate Committee on Homeland Security and Governmental Affairs hearing on reevaluating the REAL ID Act. CDT testified in support of the PASS ID Act, noting that it mitigates or corrects critical privacy and security flaws introduced by REAL ID, while still establishing minimum federal standards for the issuance of driver's licenses and ID cards. While the PASS ID Act does not address all flaws in the REAL ID program, merely repealing REAL ID does not address all of the underlying privacy and security risks posed by government identification programs, CDT said. PASS ID provides the opportunity to start building privacy guidance and protections into all state identification programs, addressing trends and issues that will exist regardless of REAL ID implementation.

Read Original Article (Via Center for Democracy and Technology.)

Like Frankenstein’s Monster, DHS and the Senate Try to Revive Real ID: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

Secretary of Homeland Security Janet Napolitano said today that Real ID was "DOA". That’s "Dead On Arrival" for the tiny percentage of you out there who don’t watch a lot of cop shows on TV. What she meant was that states are not implementing Real ID. She repeatedly referenced the fact that 13 states have opted out of Real ID altogether, passing statutes that bar participation in the program. Of course the ACLU agrees with that message, we’ve been shouting it from the rooftops for years. But the real question is: If Real ID is dead, why is everybody working so hard to bring it back to life?

That was the theme at a hearing held today by the Senate Committee on Homeland Security and Governmental Affairs entitled Identification Security: Reevaluating the REAL ID Act . [ Read more ... ]

More on PASS ID: Strengthening Privacy Protections for REAL Progress: Via CDT - PolicyBeta.

Three weeks ago, the PASS ID Act [S. 1261] was introduced in an effort to move beyond the REAL ID stalemate that has dragged on for over three years. CDT supports PASS ID because it mitigates key privacy flaws in the REAL ID program and is a notable improvement over current law. While the privacy provisions in PASS ID can still be strengthened, the bill incorporates nearly all the privacy requirements that the last Congress’s REAL ID repeal act included [S. 717, 110th] and was even introduced by the same Senator, Daniel Akaka (D-HI).

Putting aside for a moment the question of whether repeal of REAL ID is a political possibility, it is important to realize that repeal is not necessarily better than REAL ID: [ Read more ... ]

Cyber Security Czar Front-Runner No Friend of Privacy: Via Wired: Threat Level.

Former Republican Congressman Tom Davis, reportedly President Barack Obama’s top candidate for cyber security czar, voted repeatedly to expand the government’s internet wiretapping powers, and helped author the now-troubled national identification law known as REAL ID.

Citing White House sources, Time magazine on Friday identified the the former head of the Government Reform Committee as the president’s number one candidate for the new position. Davis’ reputation as a tech-smart moderate who knows his way around D.C. makes him an attractive pick for the administration, the magazine reported.

But an examination of Davis’ record in Congress shows that he’s been on the wrong side of key privacy issues, including the controversial REAL ID Act, which aims to turn state driver’s licenses into a de facto national identification card linked by shared databases and strict federal authentication standards. [ Read more ... ]

Legal Analysis of Religious Exemptions for Photo Identification Requirements: Via Congressional Research Reports.

The 111th Congress has considered the issue of possible exemptions to federal photo identification requirements under the REAL ID Act of 2005 (P.L. 109-13). The REAL ID Act contains a number of provisions relating to improved security for drivers licenses and personal identification cards. The REAL ID Act also requires, without exemption, that a digital photograph appear on each document. Some have argued that an exemption should be provided for individuals with religious objections to the photograph requirement to comport with the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act of 1993 (RFRA, P.L. 103-141). The Free Exercise Clause prohibits Congress from enacting any law that prohibits the free exercise of religion, guaranteeing individuals the right to practice their religious beliefs without government interference. [ Read more ... ]

Missouri Likely to Become 13th State to Reject REAL ID System: Via Privacy Lives.

If Missouri Gov. Jay Nixon signs a bill recently passed by the state legislature, Missouri will become the 13th state to prohibit implementation of the REAL ID national identification system and the 23rd state to pass some form of anti-REAL ID legislation. The REAL ID Act of 2005 mandates that state driver’s licenses and ID cards follow federal technical standards and verification procedures issued by the Department of Homeland Security. (For more information on security problems with the system, you can read last month’s post about the future of the REAL ID program and a previous report (pdf) detailing my belief that the REAL ID system creates a fundamentally flawed national ID system and should be repealed.) [ Read more ... ]

Obama, Congress to revisit Real ID: Via stateline.org .

Proposed legislation being circulated on Capitol Hill would give states more time, flexibility and money to meet federal Real ID requirements.

For the nation’s more than 245 million drivers, the legislation would allow them to keep using their current driver’s licenses to board commercial flights or enter federal buildings for the foreseeable future. Under Real ID, residents of states that do not meet a checklist of license upgrades would be unable to use those licenses for federal purposes beginning in January.

The congressional proposal may have the backing of the Obama administration. [ Read more ... ]

Obama, Congress to revisit Real ID: Via PogoWasRIght - Privacy News Headlines.

Congress and the Obama administration are considering ceding key ground in a long-running battle between the federal government and the states over Real ID, the 4-year-old federal program that requires all states to start issuing more secure driver’s licenses by the end of the year.

Source - Stateline.org

Read Original Article:(Via PogoWasRIght - Privacy News Headlines.)

DHS Inspector General: Real ID, What a Waste.: Via Blog of Rights: Official Blog of the American Civil Liberties Union.

The Inspector General of the Department of Homeland Security issued a report earlier this week entitled "DHS Unable to Figure Out What It’s Doing on Real ID; Unable to Provide Guidance to States." (PDF)

Alright that’s not the exact title, but honestly, we think that’s what they would have said if they weren’t constrained to speak in federal bureaucratese. You can tell because what they did say was pretty scathing. Here are a few tidbits (with a little editorial clarification from us): [ Read more ... ]

Virginia’s General Assembly rejects REAL ID provisions: Via PogoWasRIght - Privacy News Headlines

The Virginia House and Senate have overwhelmingly passed legislation rejecting elements of the federal government’s Real ID law, which requires states to issue federally mandated drivers’ licenses or similar forms of identification that would become part of a national database.

The House approved Del. Robert Marshall’s, R-Prince William, bill 88-10 on Tuesday, and the Senate passed legislation from Ken Cuccinelli, R-Fairfax, 30-9.

Source - dcexaminer.com

Read Original Article ( Via PogoWasRIght - Privacy News Headlines. )

Privacy Advisers Tell Government to Improve REAL ID, Border Search Policies: Via EFF.org Updates

A committee of privacy advisers has recommended that the government add vital privacy protections to two high profile and controversial homeland security efforts.

The Data Privacy and Integrity Advisory Committee made a host of recommendations to the new Department of Homeland Security (DHS) secretary and acting privacy officer in a February 2 draft letter February 5 final letter, which has been posted on the DHS web site. [UPDATE: the February 2 draft letter has been removed from the DHS web site, but is available here.] Among the issues flagged for improvement, the committee highlighted the implementation of the REAL ID Act and handling of travelers' digital information during border searches. [ Read more ... ]

Some in Legislature say they will attempt to repeal Real ID requirements: Via Kennebec Journal Morning Sentinel

AUGUSTA -- Opponents of a Maine law that tightened driver's license requirements say they will attempt to repeal portions of the measure, which the Legislature approved last spring under pressure from the federal government.

The bill imposed several changes aimed at making driver's licenses more secure. The changes were sought by Democratic Gov. John Baldacci to avert a showdown with the U.S. Department of Homeland Security, which contended Maine's lax standards encouraged fraud.

But critics argue that the stricter requirements infringe on civil liberties. [ Read more ... ]

Obama will inherit a real mess with Real ID: Via ComputerWorld

The effort to impose national standards for photo IDs remains a bone of contention between federal and state officials.

As President-elect Barack Obama prepares to take office, it's unclear how his administration will proceed on the technology-heavy Real ID program. But what is all too clear is that the three-year-old effort to impose identification-card standards on state governments remains mired in controversy.

Obama has made virtually no public comments about the initiative, which calls for driver's licenses and other state-issued IDs to include digital photos and be readable by scanning devices. In addition, the one time that the Senate considered a Real ID funding issue during Obama's tenure there, he didn't cast a vote. [ Read more ... ]

DHS secretary choice has mixed record on Real ID: Via Federal Computer Week(FCW)

Janet Napolitano, President-elect Barack Obama's choice for homeland security secretary, has had a mixed record as governor of Arizona in enforcing the controversial Real ID program run by the Homeland Security Department.

Napolitano signed legislation to stop the program in her state but was also one of the first promoters of a new state driver's license that would comply with Real ID.

In June 2008, Arizona lawmakers passed legislation that prohibited the state from complying with Real ID, a bill Napolitano signed. At least nine other states have passed bills that bar Real ID, and more than a dozen have approved resolutions or statutes that reject aspects of Real ID.

But in August 2007, Napolitano was one of the first governors to reach an agreement with DHS to produce hybrid driver’s license/border crossing identification cards to be used as substitutes for U.S. passports at the land border between the United States and Mexico. [ Read more ... ]

RFID Anti-Skimming Laws Approved - Via Threat Level:

California followed Washington State's footsteps this week to become the second U.S. state outlawing so-called Radio Frequency Identification Device skimming.

Skimmers can easily pilfer information from non-encrypted RFID tags that are growing commonplace. California's bill was adopted and signed by Gov. Arnold Schwarzenegger this week after a demonstration showed that personal information skimmed from entry-card badges from statehouse workers allowed hackers access to secured areas of government offices.

The legislation came a year after the hacking of the  RFID-enabled Dutch passport, and the successful hacks of the Exxon Mobile key fob and the exposed VeriChip human RFID implant

Still, California's measure (.pdf) and the one Washington State adopted in March, don't mandate any RFID encryption. So the vulnerabilities of the Golden State statehouse's entry system remains.

(Read Original Article - Via Threat Level.)

No Funding for a National “REAL ID” Database? - Via CDT - PolicyBeta:

Congress couldn’t get its act together in time to pass a proper appropriations bill for the 2009 fiscal year. Instead, last weekend it passed a continuing resolution (CR) to fund the federal government – for homeland security purposes at least – until March.

Perhaps not surprisingly, there was an allocation of $100 million to fund REAL ID, the federal effort that puts us closer to a national ID card by standardizing driver’s licenses. CDT hopes Congress will repeal the exceedingly bad law, especially in light of the 21 states that have come out against REAL ID.

But what was surprising in the CR was the limitation placed on spending for REAL ID. The Act provides that individuals can only be licensed in one state at a time, thus states are required to share information with every other state to ensure that a driver’s license (or state ID card) applicant doesn’t already have a REAL ID card from somewhere else. Referencing this requirement, Section 547 of the CR states that [emphasis added]: [ Read more ... ]

Repeal REAL ID Petition Drive Gears Up for Fourth of July - Via ACLU - Privacy:

PORTLAND - Leaders of the drive to Repeal REAL ID announced Wednesday they will be "Defending the Fourth on the Fourth," by mobilizing hundreds of volunteers for a final push for signatures to repeal the state's REAL ID law, which violates the privacy rights guaranteed under the Fourth Amendment of the Constitution.

"Defending the Fourth on the Fourth" will kick off at a Press Conference Wednesday morning at 11 a.m. on the steps of City Hall on Congress Street in Portland.

"With Independence Day coming, we'd like to assert our independence by repealing REAL ID," said Kathleen McGee who brought the People's Veto effort. "There's nothing more patriotic than upholding the Constitution and the Bill of Rights." [ Read more ... ]

McCain Campaign: Telecom Amnesty Requires Hearings and Apologies for Spying - Via Threat Level:

NEW HAVEN, Connecticut -- As president, presumptive Republican nominee John McCain would not support immunity for the telecoms that aided the Bush administration's warrantless spying program, unless there were revealing Congressional hearings and heartfelt repentance from those telephone and internet companies, a campaign surrogate said Wednesday.

The remarks from Chuck Fish, a full-time lawyer for the McCain campaign and a former Time Warner vice president *, represent a big change on the issue for McCain, who voted in February to keep immunity in the Senate spying bill. Fish was careful to say, however, that he was answering a double-hypothetical question -– if McCain wins, and if the issue is still alive in 2009. [ Read more ... ]