The Real ID Act  and the Security Features in State-issued Driver’s Licenses 

3/21/2006

As required by the Real ID Act of 2005, DHS is drafting regulations and establishing standards, which state governments must implement by May 2008 as minimum security features in state-issued driver’s licenses and personal identification cards. Individuals with noncompliant licenses and ID cards could be barred from flying on an airplane or entering a federal facility.

A coalition of organizations from across the political and ideological spectrum is urging the Homeland Security Department to reject use of radio frequency identification chips in driver’s licenses for fear of data theft from remote devices and lack of adequate safeguards.

The government is planning to issue digital chip embedded U.S. passports with all the personal and private ID data in it, which may also be potentially accessed from remote devices and people may not have adequate safeguards against such identity theft.

New York and West Virginia have rejected the use of RFID chips in licenses because of changing standards or high costs, according to the letter. Citizens Against Government Waste (CAGW), one of the signatories of the letter, indicated a federal chip mandate for driver’s licenses would cost $17.4 billion.

“Local and state law enforcement agencies have already implemented many processes and technologies to use existing security features,” the letter states. “Mandating drastic change to new unproven technologies might actually weaken the security of citizens at state and local levels and decrease the ability of law enforcement and the states to prevent identity theft, fraud or other criminal acts.”

The Real ID Act has been controversial since Congress passed it last year. It stamped out a collaborative process among state and federal officials and others to develop national security standards for driver’s licenses. Representatives from state motor vehicle offices said the act imposed conditions that would be too costly and couldn’t be accomplished without federal financial assistance. Privacy advocates have contended the act essentially creates a national identity card and fear data theft, among other abuses.

 


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