Though more than 10 years old, the Real ID law has not been fully implemented because of the original, firm refusal of many states. Congress passed Real ID in haste, in the process repealing identity security legislation that responded to a brief mention of the topic in the 9/11 Commission report. Soon after, in the “Real ID Rebellion,” states across the country, of all political stripes, passed bills refusing to implement the law and asking their congressional delegations to revisit Real ID. Congress has done nothing to address this state-federal pain point.
DHS has recently begun ramping up efforts to force state leaders’ hands. Last spring, for example, spooked by threats from DHS bureaucrats, the Minnesota legislature created a special “Legislative Working Group on Real ID.” A few weeks ago, a Kentucky legislative committee called in the commissioner of the Department of Vehicle Regulation for an update because of the threat that DHS would disrupt life for Kentuckians. The governor there rightly vetoed compliance legislation earlier this year, drawing the ire of the DHS and pro-national ID advocates.
Resistance to Real ID is well-founded because it is a national ID that threatens Americans’ privacy and data security. Though issued by states, the data printed on Real ID licenses and IDs would be nationally standardized, and all cards could be scanned using the same readers and software. Though no law currently requires people to carry ID cards, it is a practical requirement for most people to have their drivers’ licenses with them.
If Real ID is implemented, Americans will be more commonly asked to show ID, and ID scans will collect more personal data, a significant blow to privacy. Scanned copies of basic documents like birth certificates and social security cards, which Real ID requires states to warehouse, could be accessed by hackers and identity thieves. The nationwide data-sharing system that Real ID requires creates additional risks. The DHS’s own estimate when it finalized its Real ID regulations in 2008 was that it would cost $17 billion dollars to implement – the vast majority of the costs to be borne by states and individuals.
The national security benefits of a national ID card are widely assumed but scant. Had Real ID been a fully implemented law prior to the terror attacks of Sept. 11, 2001, it might have presented only minor inconveniences to the terrorists. The current challenge of lone wolf (or stray dog) terrorists would be unaffected by a national ID.
In the current presidential race, there is deep distrust on each side for the other party’s candidate. Republicans can imagine a national ID being used for gun control, financial surveillance and increased federal government control over health care. Democrats can easily envision a national ID system used in religious checks and round-ups of illegal immigrants.
All presidential candidates should reassure the public they stand by America’s true ideals. They should disavow the national ID project and join the many states and people that have called for Congress to repeal the Real ID Act.