Sep 02 2009
H.R. 3471: “The REAL ID Repeal and Identification Security Enhancement Act of 2009.”
In a welcome move today, legislation was introduced in the House of Representatives to repeal the Real ID Act of 2005. The “REAL ID Repeal and Identification Security Enhancement Act of 2009″, introduced by Representative Steve Cohen, would repeal Real ID and replace it with the original negotiated rulemaking process. Twenty-five states have already rejected Real ID, citing its high cost, invasiveness of privacy and the bureaucratic nightmare it creates for citizens.
“Real ID is essentially dead. It’s time for it to be formally repealed and replaced with a process that works, one that protects civil liberties and license security,” said Michael Macleod-Ball, Acting Director of the ACLU Washington Legislative Office. “Rep. Cohen took a big step forward by moving to eliminate this failed law and providing much-needed safeguards for our civil liberties.”
Does this bill actually repeal the REAL ID Act though? There’s some good and some bad in the explanation.
The Good: H.R. 3471 would actually repeal the REAL ID Act and the REAL ID scheme to create a national identity card would be gone.
The Bad: H.R. 3471 also restores the identity security provisions of the “Intelligence Reform and Terrorism Prevention Act.” While these provisions are indeed less pervasive than those in the REAL ID Act, there still are aspects of the bill that encroach on personal freedom and liberty.
Here’s the American Civil Liberties Union’s summary of the bill:
Similar to the Akaka-Sununu Senate bill of 2007 and the Allen House bill of 2007, Rep. Cohen’s bill would eliminate most of the requirements that laid the foundation for a National ID card, such as the obligation that all data and systems be standardized.
The proposal also requires a collaborative approach, called negotiated rulemaking, which would advise the Department of Homeland Security on how to maximize driver’s license security while minimizing the administrative burden on the states. This approach was initially adopted by the law which implemented the 9/11 Commission recommendations and subsequently repealed by Real ID.
Significant privacy protections in the proposal include prohibiting the use of license data by third parties, encryption of the data and adherence to state privacy laws that may provide greater protection. Additionally, Rep. Cohen’s bill would also provide for the establishment of a negotiated rulemaking committee, which would present its recommendations to the Department of Homeland Security.
Great article skw. There is so much that is wrong with the “Real ID Act.” I wrote about it on another site. I will link your article up to it, if you don’t mind?
We have that enhanced driver’s license here in Washington state. Nice that they can track you wherever you are in the state. And everytime you cross the border, they know when and where. So can others track you if you shop in their store that is equipped with that technology. I found a site once that told you the real deal on that license that the state towted as being what ‘you’ needed to have.
I don’t look forward to the day that we are tracked like common criminals when we have not done anything to deserve it. Put the bracelet or computer chip in the brain of the criminals that you are letting loose out on the streets because you can’t afford to pay for them to be locked up…not in the back pockets of decent citizens.
Sorry, quitting smoking and was still on the Soap Box from this morning! =o)
@Scotty - Always appreciate a link-back. What’s your other site, if I might ask?
@north - It’s pretty scary isn’t it! There is a definite political movement towards making a police state out of America.
I am scared also. A REAL ID Act? Yes, I truly believe that they are trying to make a police state out of America. Just like “Big Brother” we used to laugh at, is now becoming a reality. Not the America I used to know and enjoy.