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In regards to the question above, I won't deny starting a process to lobby state legislatures to simply reject Real ID Act Compliance. Some of the more expensive estimates have shown that it would be cheaper to ask Americans who really need Federally accepted ID to get a passport.

My original post on this topic is found at http://www.politechbot.com/2005/08/09/ways-to-fight/ and is copied below.
______
It appears that there are some interesting trends regarding the REAL ID Act.

State legislatures are hopping mad over the costs and complexities of compliance, and I believe this presents opportunity.

Virginia has estimated its cost to comply at $237 million. Based on that, I made further calculations (below) which conclude that the cost per cardholder who actually needs a REAL ID compliant license is much more than just having Virginia print "Not for Federal ID purposes" on all their licenses, and telling those affected to get a passport.

REAL ID Act compliance is not just expensive because of the framework that needs to be implemented, but also the work involved per licensee. It is likely some states will choose to issue two license classes--one that meets REAL ID requirements (and will presumably be more expensive and only issued from select DMV offices) and another which will be cheaper, easier to obtain, and bear "Not for Federal ID Purposes."(Already one state, Tennessee, issues two licenses, a regular one, and a "Certificate for Driving" which says "Not for Identification
Purposes."--The CFD is a license for immigrants who are either on short term visas or can't prove their legal residence in the United States.)

In any case, the opportunity is there for activists to lobby their state legislatures that REAL ID Act compliance need not be universal or met at all. I am sure some states will split-comply (issuing a mix of compliant and non-compliant licenses) and I think there's a great chance of convincing other states to reject compliance entirely (which Montana has preliminarily done, for political reasons.) The faster this gets into legislators heads, the more likely it will occur.

A political shift in Congress, combined with the observation that states are declining to comply with REAL ID Act requirements, may provide for its deletion.
_______________

According to one article, Virginia estimates $237 million to comply with
the REAL ID Act. With a population of 7 million, you can assume 80% of Virginians have either a state ID or driver's license. (That's 5.6 million cards.)

That would break down to $43 for every Virginia ID card holder.

*However* let's say that 20% (a low estimate based on the demographics) of Virginians already have a US passport, military ID card, or other type of federal ID. These people do not need a driver's license or state ID card to meet federal regulations, since they already have a card
which meets federal guidelines.

Now we're up to $53 for every Virginia ID card holder who does not have another type of federal ID.

Of those 4.5 million Virginians, how many of them *really* need a federal ID card? Who visits nuclear facilities? How many actually need
to go through other government facilities?

I suggest only 20-30% need federal ID, and that's because those are frequent flyers. Non-frequent flyers (individuals who fly less than twice a year)can endure the occasional hassle of showing up the airport and being a high risk passenger (a selectee) which is the consequence of
having no ID. It's a common practice, and there is no harm in it.

For those 25% of Virginians who really need a federal ID but don't already have one (about 1.2 million people) the cost per person to implement REAL ID is about $211.

Which is twice the cost of a US passport. There also seems to be increasing interest in private "frequent traveller" ID cards, which will likely be in most major US airports by 2008, and a lot cheaper than passports.

I propose that states be told that the return on investment for REAL ID compliance is ridiculous--and simply decline to comply.

James Moyer

The case of Sultaana Freeman, a Muslim who applied for a Florida driving license with a photograph which obscured her face/no photo at all, underscores a conundrum of photo ID issuance. The state of Florida argued that the photograph was vital for security reasons outside of operating a motor vehicle. The implication was that she is potentially dangerous without a proper photo ID card.

On the flip side, the state of Florida does not issue photo ID cards to illegal immigrants, citing security reasons related to the ID card, at the expense of motor vehicle safety.

Therefore, in one instance, an individual is potentially dangerous *without* a photo ID card, and in another instance, an individual is potentially dangerous *with* a photo ID card.

Since these two situations are contradictory, it's clear that we haven't really decided if photo ID cards are more beneficial in the right hands or troublesome in the wrong hands. The answer to that question really underpins whatever arguments can be made in favor of photo ID cards as useful security devices, or snake-oil relics.

Barry Goleman

Responding to Dan's comments.

Good questions. One example of how a third party could play a role is in verifying residence. Say for example I am applying for a license and I have to prove my residence address. DMV can use commercial mapping or postal service software to verify the address is a valid address, but how do they know I live there. Today I might be asked to present a utility bill or something similar that was mailed to me at that address. What if a third party contracted with the electric company to provide that verification? When I fill in my on-line application prior to appearing for my biometric facial image capture at the DMV I could select and pay for this additional service to validate my information in advance and receive express service when I show up at the DMV, or I could bring in my papers and wait in the long line. Perhaps the DMV would say that if you don’t pre-process on-line the only way to be verified is through a third party ‘document examiner’ that creates the application and verifies the data with the source, and of course, is audited by the DMV. Just because someone gets paid to provide a service does not mean you can’t create a trusted system, if you create the right controls.
Who pays? You and me and everyone else. Driver’s licensing has always been a fee supported process in state government, and if it costs more to verify and issue Real ID compliant identification you can expect to pay higher fees. The federal role will be to capitalize the information infrastructure that is needed to make this all happen in the time period specified by Congress.
The Commercial Driver’s License Information System (CDLIS) is a good model for keeping the responsibility for the driver and identification data with the same organization responsible for issuing the license, the DMV. CDLIS was a modern, practical solution to the Congressional mandates of nearly 20 years ago to address commercial driver safety. Today’s imperative is security and means we must revisit the technical approach. What is the role of today’s search technologies? Can a license holder’s identification data be dumped in to a local data warehouse that is interconnected with all other states to create a virtual national identification system? That is a different solution than the CLDIS ‘pointer’ file and comes with its own security and privacy issues. What is practical and capable of being implemented within the mandated time frame? CDLIS met all mandated dates by concentrating on the requirements, not the ‘nice to haves’.

Barry Goleman

Response to Woodlyn's posting:
You are correct that consolidating managing identities can provide significant benefit for governments. A proactive approach by policy makers would be to embrace the intent of the legislation and move forward to create a structure to authenticate and consolidate the identification function—this should not be a DMV bill, but rather one that opens the door to a new way to manage identity data. Least we not forget, a key part of that management (and citizen expectations) is protecting personal data to prevent unauthorized disclosure

swoodlyn

You make some very good points, the one point that should not be overlooked however, is the opportunity that a central agency responsible for identity proofing presents. This is an opportunity for state-level agencies to change the paradigm both in their security models and in their identity proofing models in their environments. We have these architectures and business processes that have been in place for some time, in most cases they aren’t changed without legislation, and they continue to have the same faults and weaknesses, but with the existing and a new set of threats. Simply put, the systems weren’t built with today’s crimes in mind. By re-thinking our approach from the ground up, we can build in appropriate controls for mitigating the threats now (as we know them to exist now - ID Theft, insider crimes, etc.), and building on a framework, that extends to meet the needs of the enterprise tomorrow. The Real ID act itself, while apparently a chipping away of fundamental rights, depending on the regulations – could actually be implemented in a fashion that enables more control over the elements that pertain to the citizen, by that citizen. The devil, as they say, is in the details.

Beyond that, what are some of the potential positive aspect of the legislation?
* Agencies can establish an identity for everyone with the necessary markers to proof it, you’ll know who John Q. Public is.
* Agencies can consolidate other activities, such as authentication of constituents.
* Agencies can better manage and keep current the elements of data (as opposed to each agency maintaining some level of data element, possibly incorrect, on the constituents).

Daniel J. Greenwood

Dave and Barry - Thanks very much for this informative and thought provoking post. I'd be very interested to learn more about the national commercial driver license system, as a potential model. Seems to me that, depending on exactly how the architecture and implementation were settled, this could present some serious information security threats from identity criminals seeking to access the linked data from the 50 states. Also, I think you raise a very interesting point about trusted outsourced commercial entities taking this over. There is certainly a wave of outsourcing at the state level, and a 50 state system may be a good candidate economically for an outsource. But, again, I wonder about the fair information practices that would govern such a system when run by a private entity with a profit motive. Some states already allow sale of license data - would that be the new norm? What about the prospect of a mass-breach by an insider of a centralized system (whether privatized or not)? The basics of your post were focused on resource constraints and the priorities they force - based on the additional lawyers of privacy and security risks potentially introduced by such a system, and the costs of avoiding these risks, I wonder how these additional budget and political implications should and will be addressed? Is there enough money in the states to fund the security and oversight necessary to make these systems safe and effective? Will the federal government pay? Is there a way to privately fund part of this without jeopardizing fundamental public sector autonomy and public protection? These are some of the questions raised in my mind by your post.

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