Department of Homeland Security "Blinks" and Offers Real ID Extensions to Holdout States

We've written previously about the showdown between the states and the Department of Homeland Security (DHS) over Real ID -- a federal mandate that seeks to turn states' driver's licenses into national identity cards. Several states have rightfully vowed to oppose Real ID because it's expensive and a massive violation of privacy for their citizens.

Earlier this year, the Department of Homeland Security gave the states an ultimatum: If you aren't going to implement Real ID by May 2008, file for an extension by March 31, 2008. If you don't file for an extension, you risk having your states' ID's rejected when your citizens try to get on planes or enter federal buildings in May.

The DHS offered this extension option partially because the May deadline was too tight for many states, regardless of whether they approved or opposed Real ID. More sneakily, however, the extension offer was also a way for the DHS to delay a looming conflict with states that refused to implement the destructive provisions.

A few holdout states refused to cave to the delaying tactic. Days before the March 31st deadline, Montana and South Carolina stood strong and stared down the agency's threats, rejecting Real ID in letters addressed to DHS Secretary Michael Chertoff -- but the DHS "blinked" and responded by treating the letters as requests for extensions instead. The agency also sparred with Maine, eventually granting an post-deadline extension after negotiating over some of the more isolated Real ID provisions.

Ultimately, the delays and extensions can't stand against the arguments overwhelmingly pointing to the repeal of the flawed Real ID Act. Even states that made extension requests have included caveats -- take California, whose Director of the Department of Motor Vehicles wrote, "California's request for an extension is not a commitment to implement REAL ID, rather it will allow us to fully evaluate the impact of the final regulations and precede with necessary policy deliberations prior to a final decision on compliance."

Otherwise, leaders in Congress recognize Real ID as flawed legislation and it faces broad opposition from the states saddled with implementing it. Keep the issue on Congress' plate by demanding a repeal of Real ID through our Action Center.

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Real ID Rebellion Roundup

Pedro Nava, a prominent California Assemblymember, introduced a non-binding resolution today that asks California's members of Congress to oppose Real ID, the unfunded federal mandate to turn driver's licenses into a national ID card. It highlights the state's growing opposition to Real ID as legislators and citizens begin to realize the astronomical cost and catastrophic privacy implications of participating in the federal program.

The California resolution comes hot on the heels of a widely-heard NPR interview with Brian Schweitzer, the governor of Montana, who outlines his state's staunch opposition to the Real ID mandates. In the interview, he cites such concerns as state sovereignty and the absence of systems to actually facilitate Real ID. Also, in the interview, Gov. Schweitzer boldly announces that his state will call the federal government's "bluff" on the issue of air travel -- the Department of Homeland Security has threatened that on May 11th, states that have not embraced Real ID will find their licensees treated differently in regards to air travel and access to federal buildings.

Finally, Real ID opposition at the federal level features an budget amendment sponsored by Sen. Jon Tester (D-MT) that seeks to funnel budget money away from Real ID to be used to benefit veterans instead. Stay tuned for more about the Tester amendment later this week.

For more information about Real ID, its impact on privacy, and the looming showdown between the federal government and the states, check out News.com's four-part series on Real ID.

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CNET's "Real ID vs. the States" Series Covers Looming Showdown

This week, CNET launched its four-part series covering Real ID -- the dangerous federal plan to create a national ID card that presents a massive threat to citizens' privacy, among other critical flaws.

The REAL ID Act was signed into law in 2005 and forces states to standardize driver's licenses in a way that turns them into a national ID. In January 2008, the Department of Homeland Security announced a set of standards to fulfill the vague mandate passed by Congress, but were met with opposition from a broad stable of parties -- beyond the long roster of privacy organizations and consumer advocates, the House Committee on Homeland Security, Senator Patrick Leahy (Chairman of the Senate Judiciary Committee), and a number of other key members of Congress spoke out against the regulations.

So far, the CNET series has been comprehensive in its coverage of the issue, describing the complicated timeline; showing which states have assented to, wavered on, and bravely opposed the costly federal mandate; and depicting the chaos facing travelers and citizens across the country.

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DHS Issues REAL ID Standards; Congressional Leaders Respond

On January 11, 2008, the Department of Homeland Security (DHS) released the final regulations (PDFs 1, 2) for the implementation of the REAL ID Act, the flawed plan to create a national identity card system.

The REAL ID Act was signed into law in 2005 and forces states to standardize driver's licenses in a way that turns them into a national ID. The Real ID Act will create grave dangers to privacy and impose massive financial burdens without improving national security in the least.

Initial analysis of the rule seems to show few substantive differences from the previous proposed rule, and that the DHS plan only serves to lengthen the timeline of implementation.

Several congressional leaders have already come out against the Real ID regulations, arguing that the provisions pass the cost on to taxpayers, do not improve national security, and do not protect the privacy of Americans. From a statement issued by Senator Leahy (D-VT):

The Bush administration's Real ID program will not only lead to long lines at every DMV across the country, it will impose a massive unfunded mandate on state governments while offering absolutely no federal privacy protections to our citizens.

You can view more statements from senators Tom Allen (D-ME), Max Baucus and Jon Tester (D-MT), Daniel Akaka (D-VT) and John Sununu (R-NH), and the House Homeland Security Committee. Stay tuned for additional updates and actions you can take to prevent REAL ID from affecting your privacy and pocketbook.

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Another Loss for Real ID

The REAL ID Act took another blow in the Senate last week, hopefully putting legislators one step closer to ditching the national ID mandate.

An amendment tacked onto the Homeland Security appropriations bill would have given $300 million in federal funds to implement the Act. This measly sum would have done nothing to make up for the $23 billion burden states and taxpayers will be forced to bear.

Moreover, throwing more money at the states can't fix REAL ID's fundamental problems. The Act would require possession of a new standardized drivers license for all sorts of everyday tasks, such as getting on a plane or train, and would create a vast national database linking all of the ID records together. Over time, the ID and aggregation of your personal information would facilitate a wide range of tracking and surveillance by the government and businesses.

So far, 17 state legislatures have already expressed their opposition, and, just last month, an immigration reform bill was scuttled as Senators refused to end debate on a provision requiring every American to present a REAL ID in order to get a job.

That's great news, but unfortunately REAL ID isn't dead yet -- keep the momentum going and tell Congress to repeal the Act now.

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Action Alert: Repeal the REAL ID Act!

The federal government has taken another step towards forcing you to carry a national ID in order to get on airplanes, open a bank account, enter federal buildings, and much more. But with state legislatures and Congressional representatives increasingly turning against the REAL ID Act, you can help stop this costly, privacy-invasive mandate -- voice your opposition now.

On March 1, the Department of Homeland Security (DHS) released draft regulations [PDF] for implementing REAL ID, which makes states standardize drivers licenses and create a vast national database linking all of the ID records together. Once in place, uses of the IDs and database will inevitably expand to facilitate a wide range of tracking and surveillance activities. Remember, the Social Security number started innocuously enough, but it has become a prerequisite for a host of government services and been co-opted by private companies to create massive databases of personal information.

REAL ID won't just cost you your privacy. The states and individual taxpayers bear the estimated 23 billion dollar burden of implementing the law, and that figure is probably low given that the necessary verification systems don't exist yet.

And what will you get in return? Not improved national security, because IDs do little to stop those who haven't already been identified as threats, and wrongdoers will still be able to create fake documents.

REAL ID is fundamentally flawed, and DHS' proposed regulations do nothing to change that. Thankfully, the tide is turning against REAL ID in a big way -- state legislatures around the country are passing or considering legislation rejecting its implementation, and Congress is considering repealing it.

The DHS regulations mean that states must have an implementation plan ready by October 2007. Make sure your Congressional representatives support the repeal of REAL ID before it's too late.

For more information, check out San Jose Mercury News' recent editorial opposing REAL ID as well as the ACLU's Realnightmare.org.

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Maine Rejects Real ID

The Real ID Act took a blow last week, when Maine became the first state to formally declare its opposition. The Maine legislature voted overwhelmingly to refuse to comply with the act's mandates, and requested that Congress repeal the law.

The Real ID Act essentially forces states to create a national ID. Under the law, state drivers licenses will only be accepted for "federal purposes" -- like accessing planes, trains, national parks, and court houses -- if they conform to certain uniform standards. The law also requires a vast national database linking all of the ID records together. Estimated costs of $12 billion or more will be passed on to the states and, ultimately, average citizens in the form of increased DMV fees or taxes.

"It's not only a huge federal mandate, but it's a huge mandate from the federal government asking us to do something we don't have any interest in doing," said Maine's House Majority Leader Hanna Pingree.

Meanwhile, opposition in other states is growing. Similar measures rejecting the Real ID Act are under consideration in 11 states, including Montana, Georgia, Massachusetts and Washington state.

For more information on the problems with the Real ID Act of 2005, visit EFF's Real ID page, as well as the ACLU's www.realnightmare.org.

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Akaka-Sununu Bill Corrects Many Bad Aspects of Real ID Act

In 2005, Congress hastily passed legislation that rolled back privacy rights and moved the country towards a national ID system. The REAL ID Act states that drivers' licenses will only be accepted for "federal purposes"—like accessing planes, trains, national parks, and court houses—if they conform to certain uniform standards. The law also requires a vast national database linking all of the ID records together. Estimated costs of $12 billion or more will be passed on to the states and, ultimately, average citizens in the form of increased DMV fees or taxes.

Thankfully, new bipartisan legislation could correct some of REAL ID's many flaws and add critical privacy and civil liberties safeguards. With the "Identification Security Enhancement Act of 2006," Senators Daniel Akaka (D-HI) and John Sununu (R-NH) would cancel most of the standardization that might have led to a national ID card, call for more flexible standards, require encryption of the data itself, and prohibit the use of ID data by third parties.

For more information on the problems with the Real ID Act of 2005, visit www.realnightmare.org.

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