New ID rules may complicate air travel

[buckthesystem]

http://www.guardian.co.uk/uslatest/story/0,,-7218744,00.html

By DEVLIN BARRETT

Associated Press Writer

WASHINGTON (AP) - Millions of air travelers may find going through airport security much more complicated this spring, as the Bush administration heads toward a showdown with state governments over post-Sept. 11 rules for new driver's licenses. By May, the dispute could leave millions of people unable to use their licenses to board planes, but privacy advocates called that a hollow threat by federal officials.

Homeland Security Secretary Michael Chertoff, who was unveiling final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation.

The deadline is an effort to get states to begin phasing in the REAL ID program. Citizens born after Dec. 1, 1964, would have six years to get a new license; older Americans would have until 2017.

Chertoff said that for any state which doesn't seek such a waiver by May, residents of that state will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security.

``The last thing I want to do is punish citizens of a state who would love to have a REAL ID license but can't get one,'' Chertoff said. ``But in the end, the rule is the rule as passed by Congress.''

The plan's chief critic, the American Civil Liberties Union, called Chertoff's deadline a bluff - and urged state governments to call him on it.

``Are they really prepared to shut those airports down? Which is what effectively would happen if the residents of those states are going to have to go through secondary scrutiny,'' said Barry Steinhardt, director of the ACLU's technology and liberty program. ``This is a scare tactic.''

So far, 17 states have passed legislation or resolutions objecting to the REAL ID Act's provisions, many due to concerns it will cost them too much to comply. The 17, according to the ACLU, are Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee and Washington.

Maine officials said Friday they were unsure if their own state law even allows them to ask for a waiver.

``It certainly seems to be an effort by the federal government to create compliance with REAL ID whether states have an interest in doing so or not,'' said Don Cookson, spokesman for the Maine secretary of state's office.

The Sept. 11 attacks were the main motivation for the changes: The hijacker-pilot who flew into the Pentagon, Hani Hanjour, had four driver's licenses and ID cards from three states.

The Homeland Security Department and other officials say the only way to ensure an ID is safe is to check it against secure government data; critics such as the ACLU say that creates a system that is more likely to be infiltrated and have its personal data pilfered.

Congress passed the REAL ID law in 2005, but the effort has been delayed by opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. A key deadline would come in 2011, when federal authorities hope all states will be in compliance.

To make the plan more appealing to cost-conscious states, federal authorities drastically reduced the expected cost from $14.6 billion to $3.9 billion, a 73 percent decline, said Homeland Security officials familiar with the plan.

By 2014, anyone seeking to board an airplane or enter a federal building would have to present a REAL ID-compliant card, with the notable exception of those older than 50, Homeland Security officials said.

The over-50 exemption was created to give states more time to get everyone new licenses, and officials say the risk of someone in that age group being a terrorist, illegal immigrant or con artist is much less. By 2017, even those over 50 must have a REAL ID-compliant card to board a plane.

Among other details of the REAL ID plan:

-The traditional driver's license photograph would be taken at the beginning of the application instead of the end so that if someone is rejected for failure to prove identity and citizenship, the applicant's photo would be kept on file and checked if that person tried to con the system again.

-The cards will have three layers of security measures but will not contain microchips as some had expected. States will be able to choose from a menu which security measures they will put in their cards.

-After Social Security and immigration status checks become nationwide practice, officials plan to move on to more expansive security checks. State DMV offices would be required to verify birth certificates; check with other states to ensure an applicant doesn't have more than one license; and check with the State Department to verify applicants who use passports to get a driver's license.

---

And here's another article on this:

http://www.cnn.com/2008/US/01/11/real.id.ap/index.html

New rules on licenses pit states against feds

Story Highlights

NEW: Tighter rules aimed at bolstering security, but foes say they go too far

NEW: States will need to seek waiver if they need more time to comply

Civil liberties organizations have argued against rules' impact

Cost of program was reduced in effort to garner states' support

WASHINGTON (AP) -- Residents of at least 17 states are suddenly stuck in the middle of a fight between the Bush administration and state governments over post-September 11 security rules for driver's licenses -- a dispute that, by May, could leave millions of people unable to use their licenses to board planes or enter federal buildings.

Homeland Security Secretary Michael Chertoff, who unveiled final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation.

Chertoff said that in instances where a particular state doesn't seek a waiver, its residents will have to use a passport or a newly created federal passport card if they want to avoid a vigorous secondary screening at airport security.

"The last thing I want to do is punish citizens of a state who would love to have a REAL ID license but can't get one," Chertoff said. "But in the end, the rule is the rule as passed by Congress."

Chertoff spoke as he discussed the details of the administration's plan to improve security for driver's licenses in all 50 states -- an effort delayed due to opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy.

Under the rules announced Friday, Americans born after Dec. 1, 1964, will have to get more secure driver's licenses in the next six years.

The Homeland Security Department has spent years crafting the final regulations for the REAL ID Act, a law designed to make it harder for terrorists, illegal immigrants and con artists to get government-issued identification. The effort once envisioned to take effect in 2008 has been pushed back in the hopes of winning over skeptical state officials.

To address some of those concerns, the government now plans to phase in a secure ID initiative that Congress approved in 2005. Now, DHS plans a key deadline in 2011 -- when federal authorities hope all states will be in compliance -- and then further measures to be enacted three years later.

To make the plan more appealing to cost-conscious states, federal authorities drastically reduced the expected cost from $14.6 billion to $3.9 billion, a 73 percent decline, said Homeland Security officials familiar with the plan.

The American Civil Liberties Union has fiercely objected to the effort, particularly the sharing of personal data among government agencies. The DHS and other officials say the only way to ensure an ID is safe is to check it against secure government data; critics such as the ACLU say that creates a system that is more likely to be infiltrated and have its personal data pilfered.

In its written objection to the law, the ACLU claims REAL ID amounts to the "first-ever national identity card system," which "would irreparably damage the fabric of American life."

The September 11 attacks were the main motivation for the changes.

The hijacker-pilot who flew into the Pentagon, Hani Hanjour, had four driver's licenses and ID cards from three states. The DHS, created in response to the attacks, has created a slogan for REAL ID: "One driver, one license."

By 2014, anyone seeking to board an airplane or enter a federal building would have to present a REAL ID-compliant driver's license, with the notable exception of those more than 50 years old, Homeland Security officials said.

The over-50 exemption was created to give states more time to get everyone new licenses, and officials say the risk of someone in that age group being a terrorist, illegal immigrant or con artist is much less. By 2017, even those over 50 must have a REAL ID-compliant card to board a plane.

So far, 17 states have passed legislation or resolutions objecting to the REAL ID Act's provisions, many due to concerns it will cost them too much to comply. The 17, according to the ACLU, are: Arizona, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee and Washington state.

Among other details of the REAL ID plan:

The traditional driver's license photograph would be taken at the beginning of the application instead of the end so that if someone is rejected for failure to prove identity and citizenship, the applicant's photo would be kept on file and checked if that person tried to con the system again.

The cards will have three layers of security measures but will not contain microchips as some had expected. States will be able to choose from a menu which security measures they will put in their cards.

Over the next year, the government expects all states to begin checking both the Social Security numbers and immigration status of license applicants.

Most states already check Social Security numbers and about half check immigration status. Some, like New York, Virginia, North Carolina and California, have already implemented many of the security measures envisioned in REAL ID. In California, for example, officials expect the only major change to adopt the first phase would be to take the photograph at the beginning of the application process instead of the end.

After the Social Security and immigration status checks become nationwide practice, officials plan to move on to more expansive security checks, including state DMV offices checking with the State Department to verify those applicants who use passports to get a driver's license, verifying birth certificates and checking with other states to ensure an applicant doesn't have more than one license.

A few states have already signed written agreements indicating they plan to comply with REAL ID. Seventeen others, though, have passed legislation or resolutions objecting to it, often because of concerns about the cost of the extra security.

And:

http://www.washingtonpost.com/wp-dyn/conte...isrc=newsletter

ID Plan Is Broadly Criticized

Bipartisan Objections Cite Security, Costs and Privacy

By Dafna Linzer

Washington Post Staff Writer

Saturday, January 12, 2008; A02

A new Bush administration plan to create national standards for driver's licenses drew heavy criticism yesterday from civil liberties groups, some Republican and Democratic lawmakers, governors, and the travel industry.

The critics said the new licenses anticipated under the plan, which is aimed at screening out potential terrorists and uncovering illegal immigrants, could still be forged. They also complained that the program, known as Real ID, would be costly for states to implement, potentially restrict summer travel, and allow private companies access to the personal data of most U.S. citizens.

But they also welcomed yesterday's official announcement that states have until May 2011 before they need to begin issuing licenses that meet the department's new guidelines, and until December 2014 to begin replacing current licenses. Drivers over the age of 50 will not have to obtain new licenses until the end of 2017.

The deadline extensions give both Congress and future presidents time to reconsider what opponents have depicted as a national identification system that will infringe on privacy rights and leave room for large-scale identity theft.

"DHS has kicked the can down the road to the next administration, and conceivably the next two or three administrations," said Barry Steinhardt, a lawyer with the American Civil Liberties Union. Already, 17 states have said they would either refuse to issue the new licenses or have asked Congress to repeal a 2005 law that required states to collect and store additional data on driver's license applicants, such as birth certificates, Social Security numbers and home addresses.

Under Real ID, all new licenses would be machine-readable and contain personal information that could be scanned by governments and potentially by corporations.

At a news conference yesterday, Homeland Security Secretary Michael Chertoff said the guidelines represent a balance between security and privacy in accordance with the Real ID Act. He warned that residents in states such as Georgia and Washington, which have refused to comply with the program, may be subject to additional security checks or prevented from boarding flights once the program begins this spring.

He urged those states to seek waivers to allow their residents to continue flying as of May 11, when the regulations begin to take effect.

The ACLU called Chertoff's warning an empty threat designed to pressure states to join the program.

"The airline industry is not going to allow the federal government to prevent citizens of noncompliant states from getting on airplanes," said Timothy Sparapani, the group's senior legislative counsel, who added that "1.8 million people fly everyday and a sizable number leave from airports like Atlanta's Hartsfield Airport, which is one of the busiest in the country."

The Travel Industry Association of America welcomed "flexibility" from DHS on the program's implementation schedule but said "no American should be denied the right to travel because of disagreements between federal and state lawmakers."

State and local officials also expressed concerns. In a joint statement, the National Governors Association, the National Conference of State Legislatures and the American Association of Motor Vehicle Administrators said they need time "to determine whether the act can be implemented in a cost-effective and feasible manner."

DHS estimated that the program will cost states $3.9 billion to implement, a significant decrease from earlier estimates as high as $14 billion. But many state officials have said the financial burden is still too great.

Sen. Olympia J. Snowe (R-Maine), whose state is among those resisting the program, said it is "unrealistic to expect our state to conform" when "the federal government has only provided a mere 3 percent of the funds needed for implementation."

Rep. F. James Sensenbrenner Jr. (R-Wis.), who originally sponsored the Real ID Act, said he, too, is disappointed, saying the program was conceived as a way to prevent potential terrorists from obtaining driver's licenses, as some of the Sept. 11, 2001, hijackers did.

"While this phased-in enrollment of the law may save states some operational funds, it is important to realize that by pushing back the original 3-year deadline till 2017, a full 12 years after the law was enacted, DHS is weakening the intent of the law," Sensenbrenner said in a statement. "A lot can happen in the next 9 years, and I hope our nation does not encounter a situation in that time that will cause us to regret this delay."

[VesselforJesus]

New ID Rules May Complicate Air Travel

Jan 11, 8:22 PM (ET)

By DEVLIN BARRETT

WASHINGTON (AP) - Millions of air travelers may find going through airport security much more complicated this spring, as the Bush administration heads toward a showdown with state governments over post-Sept. 11 rules for new driver's licenses. By May, the dispute could leave millions of people unable to use their licenses to board planes, but privacy advocates called that a hollow threat by federal officials.

Homeland Security Secretary Michael Chertoff, who was unveiling final details of the REAL ID Act's rules on Friday, said that if states want their licenses to remain valid for air travel after May 2008, those states must seek a waiver indicating they want more time to comply with the legislation.

The deadline is an effort to get states to begin phasing in the REAL ID program. Citizens born after Dec. 1, 1964, would have six years to get a new license; older Americans would have until 2017.

Chertoff said that for any state which doesn't seek such a waiver by May, residents of that state will have to use a passport or certain types of federal border-crossing cards if they want to avoid a vigorous secondary screening at airport security

"The last thing I want to do is punish citizens of a state who would love to have a REAL ID license but can't get one," Chertoff said. "But in the end, the rule is the rule as passed by Congress."

The plan's chief critic, the American Civil Liberties Union, called Chertoff's deadline a bluff - and urged state governments to call him on it.

"Are they really prepared to shut those airports down? Which is what effectively would happen if the residents of those states are going to have to go through secondary scrutiny," said Barry Steinhardt, director of the ACLU's technology and liberty program. "This is a scare tactic."

So far, 17 states have passed legislation or resolutions objecting to the REAL ID Act's provisions, many due to concerns it will cost them too much to comply. The 17, according to the ACLU, are Arkansas, Colorado, Georgia, Hawaii, Idaho, Illinois, Maine, Missouri, Montana, Nebraska, Nevada, New Hampshire, North Dakota, Oklahoma, South Carolina, Tennessee and Washington.

Maine officials said Friday they were unsure if their own state law even allows them to ask for a waiver.

"It certainly seems to be an effort by the federal government to create compliance with REAL ID whether states have an interest in doing so or not," said Don Cookson, spokesman for the Maine secretary of state's office.

The Sept. 11 attacks were the main motivation for the changes: The hijacker-pilot who flew into the Pentagon, Hani Hanjour, had four driver's licenses and ID cards from three states.

The Homeland Security Department and other officials say the only way to ensure an ID is safe is to check it against secure government data; critics such as the ACLU say that creates a system that is more likely to be infiltrated and have its personal data pilfered.

Congress passed the REAL ID law in 2005, but the effort has been delayed by opposition from states worried about the cost and civil libertarians upset about what they believe are invasions of privacy. A key deadline would come in 2011, when federal authorities hope all states will be in compliance.

To make the plan more appealing to cost-conscious states, federal authorities drastically reduced the expected cost from $14.6 billion to $3.9 billion, a 73 percent decline, said Homeland Security officials familiar with the plan.

By 2014, anyone seeking to board an airplane or enter a federal building would have to present a REAL ID-compliant card, with the notable exception of those older than 50, Homeland Security officials said.

The over-50 exemption was created to give states more time to get everyone new licenses, and officials say the risk of someone in that age group being a terrorist, illegal immigrant or con artist is much less. By 2017, even those over 50 must have a REAL ID-compliant card to board a plane.

Among other details of the REAL ID plan:

_The traditional driver's license photograph would be taken at the beginning of the application instead of the end so that if someone is rejected for failure to prove identity and citizenship, the applicant's photo would be kept on file and checked if that person tried to con the system again.

_The cards will have three layers of security measures but will not contain microchips as some had expected. States will be able to choose from a menu which security measures they will put in their cards.

_After Social Security and immigration status checks become nationwide practice, officials plan to move on to more expansive security checks. State DMV offices would be required to verify birth certificates; check with other states to ensure an applicant doesn't have more than one license; and check with the State Department to verify applicants who use passports to get a driver's license.