As I was contemplating writing a post on future prospects for the federal REAL ID program, Stateline.org reported, “Proposed legislation being circulated on Capitol Hill would give states more time, flexibility and money to meet federal Real ID requirements. [...] The bill, which is still being negotiated but could be introduced by the end of the month in the U.S. Senate, is known as the Pass ID Act (Providing for Additional Security in States’ Identification Act).” This is good news, especially the fact that the current proposal would “scrap[] the program’s current rules and creat[e] a new rule-making process.” (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.)
I hope that the REAL ID program is scrapped. It cannot be fixed. I believe that (pdf) the REAL ID system creates a fundamentally flawed national ID system. It enables tracking, surveillance, and profiling of the American public through the proposed interlinking of the motor vehicle databases of all 56 states and territories, the use of an unencrypted machine-readable zone on the state ID cards and driver’s licenses, and the ability for the system to be used for much more than the few purposes set out by the 2005 law. There is also the problem that a national ID system is not good security. You should not have one national ID card for the same reason that you do not have one key to open the locks on your home, car, office or safe deposit box. You do not put all of your trust in one key, and you should not put all of your trust in one ID card.
The Department of Homeland Security and Secretary Chertoff spent a lot of time pushing the REAL ID national identification system as a savior for false identification problems. In a January 2008 opinion column written by Secretary Chertoff, he urged states, companies, and the general public to embrace the national identification system because he says it is trustworthy. Secretary Chertoff said “embracing REAL ID” would mean using the one ID card to “cash a check, hire a baby sitter, board a plane or engage in countless other activities.”
Chertoff has deflected questions about the massive security hole created by embedding so much trust in one national identification card — people will trust the criminals who hand them forged cards. However, in an August 2008 speech Chertoff agreed that the fact that REAL ID and other identification cards can be forged is a security problem: Read more »