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Introduction to the Real ID Act

Shaun McGorry Executive Briefing July 23, 2009. Introduction to the Real ID Act. Introduction. Throughout its history, the United States has rejected the idea of a national identification system

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Introduction to the Real ID Act

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  1. Shaun McGorry Executive Briefing July 23, 2009 Introduction to the Real ID Act

  2. Introduction • Throughout its history, the United States has rejected the idea of a national identification system • Department of Homeland Security continues to push forward a system of identification that has been widely opposed • The 9/11 Commission recommended that the U.S. improve its system for issuing identification documents, urging the federal government to set standards for the issuance of sources of identification

  3. History of a National ID • The goals of National ID Cards are to enhance national security, unmask potential criminals (chiefly terrorists), and guard against illegal immigration • Heavily debated in the U.S. • Americans have consistently rejected the creation of such a system (Social Security Number as a universal id, Federal Advisory Committee on False ID, and the Health Security Card)

  4. The Real ID Act • The REAL ID Act of 2005: imposes certain security, authentication, and issuance procedures standards for the state driver's licenses and state ID cards, for them to be accepted by the federal government for "official purposes” • "official purposes” = presenting state driver's licenses and id cards for boarding commercially operated airline flights and entering federal buildings and nuclear power plants • In May 2005, the REAL ID Act was appended to a bill providing tsunami relief and military appropriations and passed with little debate and no hearings

  5. The Real ID Act • States are required to obtain and verify documents from applicants that establish “a photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth, documentation showing the person’s date of birth, proof of the person’s social security account number or verification that the person is not eligible for a social security account number, documentation showing the person’s name and address of principal residence, and evidence of lawful status

  6. The Real ID Act and Technology • Technology has rapidly evolved to enable electronic record creation and the construction of large commercial and State databases • ID cards are also becoming “smarter” – the technology to build microprocessors the size of postage stamps and put them on wallet-sized cards has become more affordable • Enables multiple applications such as a credit card, library card, health care card, driver’s license and government benefit program information to be all stored on the same national ID along with a password or a biometric identifier • Department of Homeland Security is required to adopt “machine-readable technology” standards and provides discretion in how to do it

  7. Arguments of the Real ID Act Support opposition Privacy concerns Unfunded mandate Price tag for the states is an estimated $4 billion over 10 years, of which only $90 million in federal help has so far been appropriated Security risk of a central ID database are enormous Unsolicited marketing by commercial entities Intrusive tracking by the government • Safety and security • Convenience and technological advances • Prevention of terrorism • Reduce identity theft and fraud • Serve as proof of identification for almost anything: credit cards, employment, and even school ID • Simple to use

  8. Status of the Real ID Act • Implementation and enforcement have since postponed in the hopes of gaining State support • Given the heavy opposition, the PASS ID Act has been introduced to repeal provisions in the REAL ID Act • States have until Dec. 31, 2009 to prove that their driver’s license or ID card issuance systems are capable of verifying the lawful status of all applicants to prevent illegal aliens from obtaining REAL ID-compliant licenses • Full implementation of Real ID for all persons less than 50 years of age is to be completed by Dec. 1, 2014, with all people “enrolled” by Dec. 1, 2017

  9. Technology Issues with the Real ID Act • Ongoing uncertainties surrounding the four-year-old Real ID Act are making it hard for many states to reach the law’s goal of launching new technologies by the end of 2009 • Replacement and modernization of many states’ Departments of Transportation systems and technology has slowed because they don’t know what the final Real ID guidelines would be • There is the worry that five years down the road, when the federal government finally does decide to roll out the databases, the processes that the states implemented aren’t going to work

  10. Summary • Real ID was supposed to be technology’s answer to the political hot potato known as the national identity card • Success depends on the cooperation of the states • Lacks strong direction and federal funding • Debate is still ongoing • Will the December deadline get pushed back? • Will the states comply? • Will it just go away? • Wait and see……

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