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The Real ID Is Really Coming
New Federally-Approved ID Card
Hits Town In 2008
By Mark Mitchell
Editors note: The following is the first in a
two-part series dealing with the recently passed Real
ID Act. The second part, which will be based upon an interview
with Appalachian State University political science professor
Matthew Robinson, and contain reaction from the community,
will appear in the Sept. 29 edition of The Mountain Times.
Ready or not, the time for the Real ID Act has arrived.
Whats the Real ID Act and why should I care? In
a nutshell, the Real ID Act, which was passed by both
the House of Representatives and the Senate, and promptly
signed into law by President Bush, is a federally-approved
ID card that will basically be impossible to live without.
Beginning in 2008, if you live or work in the United States,
you will need the ID to open a bank account, collect Social
Security payments, travel on an airplane, drive, open
a video rental account or use any government agency.
Practically speaking, your drivers license will
have to be reissued to meet federal standards. The Department
of Homeland Security has the power to set these standards
and determine if state drivers licenses can be conformed
to a Real ID, or if a new license is needed. The new IDs
will require, at a minimum: name, sex, ID number, birth
date, a digital photograph, and a common machine-readable
technology that Homeland Security will decide on. In addition,
Homeland Security is allowed to impose additional requirements
such as fingerprints or a retinal scan.
Voted down in the fall of 2004, the Real ID Act was tacked
onto 2005 Emergency Supplemental Appropriations for Defense,
the Global War on Terror and Tsunami Relief legislation.
Because of the political liability politicians would face
in voting against money that would go to the troops in
Iraq and tsunami relief, the act passed easily.
The legislation, however, is an unfunded mandate, which
means states will need to come up with the money to implement
the new directives on their own. Estimates of the compliance
range from $80 to $100 million for these electronically-readable
ID cards.
Individuals can still acquire the ID cards through state
motor vehicle agencies, but the identification process
will be more strenuous. You will need to bring a photo
identity document, document your birth date and address,
and show that your Social Security number is what you
had claimed it to be. U.S. citizens will have to prove
that status, and foreigners will have to produce a valid
visa. Addresses cannot be P.O boxes, possibly causing
problems for individuals who fear for their safety like
judges, police officers and domestic violence victims.
State DMVs will be required to verify that these documents
are legitimate, digitize them and store them permanently.
So why has the time of a Real ID arrived? Supporters of
the legislation say the new IDs toughen standards for
getting a drivers license and therefore provide
protection against illegal immigrants and terrorists.
The bill was presented on the heels of findings by the
9/11 Commission, which in summation, suggested the federal
government take the lead in terms of the standards required
to issue birth certificates and sources of identification,
such as drivers licenses. The 9/11 Commission maintained
that the forgery of birth certificates and the ease in
which individuals could get state IDs is part of a scenario
that could lead to events such as 9/11.
The Real ID Act, sponsored by House Judiciary Committee
chairman James Sensenbrenner (R-Wisconsin), was introduced
on Jan. 26, 2005 and is not without opposition.
More than 600 organizations have expressed concern over
the bill. The American Association of Motor Vehicle Administrators,
the American Library Association for Computing Machinery,
the National Council of State Legislatures, the American
Immigration Lawyers Association and the National
Governors Association are a few of these.
Civil liberties groups, concerned with privacy violations,
argue that the IDs will increase the power of the government
and fear the dehumanizing effects of laws enacted as a
result. Concerns also involve administrative problems,
the opportunities for criminal mischief and the potential
irreversibility of such a system.
One source of concern is the possibility that Homeland
Security will include a radio frequency identification
chip on the IDs. Such implementation would allow the government
to track the location of both the cards and people. Technology
pundits and privacy organizations view this possibility
as a violation of personal privacy, and also see the concept
as a whole as an opportunity for identity thieves to thrive.
Critics also say the reality of the program will be seen
at motor vehicle agencies in the form of longer lines.
Once Real ID is fully functioning, DMVs in all 50 states
will share information in a common database and may also
verify information with federal databases.
States theoretically could choose not to comply with the
Real ID Act standards, but residents of those states would
not be allowed to use their license as identification
to acquire federal benefits, such as Social Security or
veterans benefits.
Proponents of the bill maintain that the Real ID Act follows
the recommendations of the 9/11 Commission and will frustrate
both terrorists and illegal immigrants.
No matter what side of the fence you find yourself concerning
the Real ID Act, one thing is certain, the Real ID fence
has been built.
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