Senate Considers National Identification Systems

From: "EPIC"  Sent: Wednesday, August 12, 2009

E P I C   A l e r t:  Volume 16.15, August 12, 2009
Published by the Electronic Privacy Information Center (EPIC) - Washington, D.C.
 http://www.epic.org/alert/EPIC_Alert_16.15.html [redacted headers & TOC - rfh]=======================================================================
[4] Senate Considers National Identification Systems
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The Senate Committee on Homeland Security and Government Affairs held a Business Meeting on July 29, 2009 on the "Providing for Additional Security in States' Identification Act of 2009." (S.1261). The PASS ID Act declares that beginning one year after the final regulations are issued, no federal agency can accept a driver's license or state issued ID card unless the issuing state is "materially compliant." Material compliance is determined by the Secretary of Homeland Security, based on whether a state has begun to issue PASS ID drivers licenses and state issued ID cards.

 

The Committee conducted a mark-up session and approved several substituted amendments on substantive provisions of the underlying bill. The amendments pertained to directing states to provide valid and verifiable birth records. Also discussed at the hearing was the discretion granted to a TSA official in denying an individual the right to board an aircraft if he or she did not have a compliant identification. Concerns were expressed that the bill did not provide for a review or an appeal in case of such denials. Sen. Akaka also suggested to the Committee to include an amendment requiring the Department of Homeland Security to perform annual report on the privacy implication of PASS ID. The markup was reported to the Senate favorably.

 

The PASS ID bill sets a deadline of 6 years after the final rule that prohibits all federal agencies from accepting any non-compliant driver's license or state identification card for any official purpose which includes boarding an airplane; applying for Social Security benefits; opening a post office box; and entering a federal building. This raises questions regarding the physically challenged, children, poor people, and the elderly who received benefits from federal government agencies and there are reasons why each may not hold a federally sanctioned state issued identification document. The PASS ID Act does not specify limits on the requirement of an approved identification document to access federal government services, benefits, or meet with federal employees in official settings.

 

Another hearing was held by the Subcommittee on Immigration, Border Security and Citizenship of the Senate Judiciary Committee. At the hearing, "Ensuring a Legal Workforce: What Changes Should be Made to Our Current Employment Verification System?" Sen. Charles Schumer proposed the implementation of a "non-forgeable, complete and accurate immigration system" that relies on biometric identifiers and identifies legal employees. Sen. Schumer stated that the biometric card should include fingerprint or enhanced biometric pictures and apply uniformly to all US citizens and non-citizens alike. Sen. Schumer also added that such system must have extensive checks at the inception to prevent illegal aliens from entering into the database. Sen. Cornryn stated that the E-Verify system, although flawed, was headed in the right direction and suggested that the program be given expanded legal authority, additional resources and improvements.

 

The use of PASS ID and identification cards with biometric data can become a de facto national ID card. National ID cards have long been advocated as a means to enhance national security, unmask potential terrorists, and guard against illegal immigrants. The REAL ID Act of 2005 created a national identification card. The implementation of the statute posed a number of privacy threats because of document collection, retention, sharing, and use. EPIC and 24 experts in privacy and technology submitted detailed comments to the DHS in May 2007 on the draft regulations explaining the many privacy and security threats raised by the REAL ID Act. "The fundamentally flawed national identification system is unworkable and the REAL ID Act must be repealed," EPIC stated. Further, EPIC and the Privacy Coalition had organized a national campaign against REAL ID implementation. DHS's own Data Privacy and Integrity Advisory Committee has refused to endorse the agency's plan.

 

National Identification systems are established for a variety of reasons. In the past, the fear of insurgence, religious differences, immigration, or political extremism have been all too common motivators for the establishment of ID systems that aim to force undesirables in a State to register with the government, or make them vulnerable in the open without proper documents. EPIC has urged the alternative model of a system of decentralized identification which reduces the risks associated with security breaches and the misuse of personal information. Technological innovation can enable the development of context-dependent identifiers and a decentralized approach to identification is consistent with commonsense understanding of identification. However, Federal, state, and local government agencies are already engaged in efforts to develop an Information Sharing Environment through the use of Fusion Centers which seeks to breakdown barriers to information controlled by all levels of government.

 

Senate Hearing on Biometrics: http://judiciary.senate.gov/hearings/hearing.cfm?id=3982
The Senate Committee on Homeland Security and Government Affairs,Business Meeting, July 29, 2009: http://epic.org/redirect/081209_Senate_DHS_Biomet.html
National Campaign: http://privacycoalition.org/stoprealid/
Privacy Office - DHS Data Privacy and Integrity Advisory Committee: http://www.dhs.gov/xinfoshare/committees/editorial_0512.shtm
Comments of the DHS Data Privacy & Integrity Advisory Committee,May 2007: http://epic.org/privacy/id-cards/dpiac_comm_050707.pdf
EPIC - ID-Cards: http://epic.org/privacy/id-cards/
EPIC's Comments on Minimum Standards for Driver's Licenses and Identification Cards: http://epic.org/privacy/id-cards/epic_realid_comments.pdf
REAL ID Implementation Review: Few Benefits, Staggering Costs: http://epic.org/privacy/id-cards/epic_realid_0508.pdf

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The Electronic Privacy Information Center is a public interest research center in Washington, DC. It was established in 1994 to focus public attention on emerging privacy issues such as the Clipper Chip, the Digital Telephony proposal, national ID cards, medical record privacy, and the collection and sale of personal information. EPIC publishes the EPIC Alert, pursues Freedom of Information Act litigation, and conducts policy research. For more information, see http://www.epic.org or write EPIC, 1718 Connecticut Ave., NW, Suite 200, Washington, DC 20009. +1 202 483 1140 (tel), +1 202 483 1248 (fax).

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