REAL ID- MORE Than Just Drivers License Control and Expanding Rapidly
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Written by Mark Lerner
REAL ID is not simply about drivers licenses. The end game is complete biometric authentication of our identifications, our locations and our comings and goings. In this article Mark explains why the entire catalogue of 37 REAL ID benchmarks is the ultimate goal of the federal government. These benchmarks will be included in other bills when necessary to thwart those State attempts that successfully and specifically thwart REAL ID implementation. Information and intrusions realized with benchmark compliance is likely to be shared with other countries in addition to all domestic government agencies. In this admittedly lengthy article, Mark exposes the Orwellian architecture planned by the federal government to know all of our personal information and whereabouts. He also discusses where the States are in the progression of REAL ID and suggest some ways of combating this evil. Watch for our follow up article coming soon… ************************************************************************************************************* The Real ID Act is a symptom, not the disease!!! It is growing like a weed How much can we do in the defense of a free and decent society and remain a free and decent society that is worth defending? — John le Carré I know time is precious to each of us. With that said we expect and want our elected leaders to take the time to read legislation before voting on it. This raises an interesting question; are we as citizens willing to take the time to become informed about arguably one of the most serious threats to our freedom since the founding of our country or do we just want sound bites? Are you willing to spend the time it would take you to cook a steak for a Lifetime of Freedom? “Those who expect to reap the blessings of freedom must, like men, undergo the fatigue of supporting it.” –Thomas Paine What is the Real ID status of my state? One of the most often questions I am asked is what is the Real ID status of the state the person lives in who is asking me the question. The following link is to a web-site provided by an organization that fully embraces the Real ID Act 2005. Once on the webpage the link provides, you will see a chart that you can click on to find the status of your state http://www.cis.org/real-id-implementation-report . Review this chart and decide for yourself if Real ID is dead. Underestimating your enemy is one thing but declaring your enemy dead is another. I have read the headlines “Real ID is Dead”, “We have Won”, “Half the States Reject Real ID” and on and on. Few listened and even fewer understood when the Constitutional Alliance, an organization I co-founded, warned all citizens to disregard the headlines and stay focused. Real ID is not dead. In fact it is arguably thriving. This document will provide corroborated information that will allow you to make informed decisions and provides action recommendations Real ID is a symptom, not the disease! It is one example of what our federal governments’ true goal is; to know everything about everybody. You may think I am overstating what the goal of the federal government is. If you believe that to be the case I provide the following link to a video of a conference held by the Aspen Institute http://www.aspeninstitute.org/video/asf-10-luncheon-address-fran-townsend-former-assistant-president-homeland-security-counterterr The video is one hour long but allow me to summarize. People need to “Get over it” when they their personal information is asked for and collected for one reason and then used for other purposes. “Privacy is not important to young people”. I am not sure you would want to watch the video because your beliefs about how our government protects our Constitutional rights would be changed forever. The people that attended the conference are the policy makers of past years, now and will be in the future. On 23 March 2012 our government changed the rules again as the rules pertain to retaining information about innocent citizens http://www.gsnmagazine.com/node/25912?c=federal_agencies_legislative Biometrics Biometrics play a large role in our government’s goal of knowing everything about everyone. Biometric capture or collection is required as the first benchmark that states have to achieve under the Real ID Act 2005. Biometric can defined as measurements of the body. There is both behavioral and physiological biometrics. Fingerprints, iris scans, facial recognition, DNA are examples of physiological biometrics. An example of a behavioral biometric would be a person’s gait; they way they walk. This paper will focus on Facial Recognition Technology. Facial recognition does not require the consent or knowledge of individuals when being used. Facial recognition works by measuring the distance between key facial characteristics of a person’s face. What is the Real ID Act 2005? Since we all vary in our level of understanding of the Real ID Act, I am going to start with the basics and work my way to where we are at today The Real ID Act 2005 is incorporated into Public Law 109-13 (109th Congress) http://epic.org/privacy/id_cards/real_id_act.pdf Real ID establishes minimum federal guidelines for the issuance of state driver’s licenses and state issued identification cards for those that do not drive. After 9/11, the 9/11 Commission made recommendations regarding the issuance of state driver’s licenses. I am not going into great detail of what tactics were used to ensure the Real ID Act 2005 was passed and signed into law by President Bush on May 11, 2005. Suffice it to say there was no debate in the U.S. Senate about the Real ID Act 2005. Real ID was packaged with two other pieces of legislation that were considered “must pass” pieces of legislation; one was military spending authorization legislation and the other was Tsunami relief legislation. This “package” of legislation passed in the U.S. Senate 100-0. Senator Patrick Leahy used the word “bullying” to describe the manner in which DHS (Department of Homeland Security) was coercing states into complying with Real ID http://cqresearcherblog.blogspot.com/2008/04/in-news-senate-panel-criticizes.html Over 600 groups and organizations covering the entire political spectrum opposed the Real ID Act 2005 for a variety of reasons. For example; the type of documents needed to obtain a Real ID compliant driver’s license, mandated biometric collection, First, Fourth and Tenth Amendment issues, and what I find as objectionable as anything else, which is the authority the Secretary of Homeland Security is given to determine at his or hers own discretion what “Official Purposes” a Real ID compliant driver’s license would be required for. Currently these official purposes include “accessing Federal facilities, boarding Federally-regulated commercial aircraft, and entering nuclear power plants.” http://constitutionalalliance.org/work/filemgmt_data/files/Stop%20Real%20ID%20Coalition%20-%20DHS%20-%20DHS%20Real%20ID%20Final%20Rules%20Part%201%20and%202.pdf (page 14) The Secretary of DHS has unfettered authority to add to the “Official Purposes” that require a Real ID compliant driver’s license. Examples include; purchasing a gun or ammunition, picking up prescription medicine, attending public events or anything else the Secretary would like. The Secretary is not required to have the approval of the Congress to add other “Official Purposes”. The following wording is contained in the Final Rules on page 37 of the Real ID Act issued January 2008 by DHS: “DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future (except of course to remove one of the three statutorily-mandated official purposes) as Sec. 201(3) of the Act gives discretion to the Secretary of Homeland Security to determine other purposes.” http://constitutionalalliance.org/work/filemgmt_data/files/Stop%20Real%20ID%20Coalition%20-%20DHS%20-%20DHS%20Real%20ID%20Final%20Rules%20Part%201%20and%202.pdf The Constitutional Alliance sponsored an event at the National Press Club in Washington D.C. The event was organized to discuss the Real ID Act. When was the last time anyone can remember when the ACLJ (American Center for Law and Justice) and the ACLU (American Civil Liberties Union) stood side by side to oppose the federal government? It doesn’t happen often but Real ID has a way of uniting a variety of people in their opposition. (You can watch the short 10 minute video which is a snapshot of the hour long event by visiting the Constitutional Alliance http://constitutionalalliance.org/work/ web-site. The video is located at the very bottom of this page.) The ACLU spokesperson talked specifically about protecting the religious rights of Christians. The ACLJ, a Christian legal advocacy group addressed the threat mandated global biometric enrollment presents to all citizens and the issue of international organizations influencing U.S. policy and law. Regarding religious freedoms, I have appeared on Trinity Broadcast Network, The Church Channel and the Daystar television network to discuss global biometric enrollment and the threat is presents to the Church. If you are interested, you can watch a short video that summarizes what I had said about global biometric enrollment and biblical prophecy http://constitutionalalliance.org/work/article.php/20111007231048377 Incorporated into the federal guidelines of the Real ID Act is an international standard for the digital facial image/photograph. AAMVA (American Association of Motor Vehicle Administrators) is named the “hub” and “backbone” of the Real ID Act by DHS in the Final Rules for the Real ID Act issued by DHS in January 2008. AAMVA, by its own admission, is an international organization. http://www.aamva.org/ There are 18 material compliance benchmarks states are told to meet by 15 January 2013. Once a state has met the benchmarks, the Governor and the state Attorney General submit a statement affirming the state is in material compliance with the benchmarks and thus Real ID. DHS then approves the state placing a “Gold Star” on the state driver’s license or state issued identification card for those that do not drive. This is the appropriate time to discuss/summarize a hearing that took place 21 March 2012 in the U.S. House of Representatives, Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security. It is important for all citizens to know what ideas those that are pushing Real ID are conjuring up to force states to comply with the Real ID Act 2005. This link http://judiciary.house.gov/hearings/Hearings%202012/hear_030212012.html will take you to the Subcommittee’s video of the hearing (the hearing was over 1 hour 15 minutes long, it may take a few minutes to download; since I am summarizing the video in this document, you may, if you choose, not watch the video): http://judiciary.house.gov/hearings/Hearings%202012/hear_030212012.html 1) One suggestion was made that states payback grant money they have received if they do not meet the 15 January 2013 deadline to be in material compliance. 2) Darrell Williams, the former Program Director of the Real ID Act for DHS admitted that even if citizens did not have a Real ID compliant driver’s license they WOULD NOT be prohibited from flying on a commercial airliner. This implies those without Real ID compliant driver’s licenses will undergo additional screening procedures. One can only be left to think the same will apply for those that want to enter a federal facility. 3) David Heyman, Assistant Secretary Office of Policy, DHS stated there is NO intention to extend the January 2013 deadline for states. 4) DHS expects to have additional guidance ready for states in a couple of weeks. 5) Stuart Baker, formerly with DHS stated that 40 plus states can meet the January 2013 deadline. Mr. Baker also stated that a method/penalty must be found to ensure states meet the January 2013 deadline. A couple of Democrats on the committee had strong reservations about continuing to push Real ID. It is my assessment that Republicans, especially Congressman Sesenbrenner, the author of the Real ID Act, intends to accuse Democrats of being soft on fighting terrorism if Democrats resist Real ID implementation. What if the Real ID Act is repealed? Many citizens would be very happy if the Real ID Act was repealed. I say, not so fast. Real ID is comprised of 39 benchmarks, not just the first 18 benchmarks that states are supposed to meet by January 2013. Those 39 benchmarks are the ingredients of Real ID. Real ID is just the name of the law that is comprised of these 39 benchmarks. Repealing Real ID, the law, would not preclude those benchmarks from being utilized in existing or yet to be developed law. And this exactly what would be done if “Real ID” was repealed http://constitutionalalliance.org/work/filemgmt_data/files/Constitutional_Alliance-39_Benchmarks_to_Full_Real_ID_Compliance.pdf In nearly every instance that states have passed a law or resolution prohibiting participation in Real ID, the states specifically stated “Real ID Act” by name and did not address the issue of the 39 benchmarks specifically. If Congress repealed Real ID tomorrow and moved the benchmarks into new legislation under a different name, all the state legislation opposing Real ID would be neutered. We are now at a point in time this year where it is too late for state legislatures to take up new legislation that would be required if Congress was to repeal Real ID and incorporate the benchmarks into new legislation or by amending section 7212 of the Intelligence Reform and Terrorist Prevention Act. If this should occur any rulemaking process would most likely be limited to six months; well before most state legislatures would be able to react next year. Keep in mind that the Real ID Act 2005 repealed section 7212 of the Intelligence Reform and Terrorist Prevention Act of 2004. http://www.nctc.gov/docs/pl108_458.pdf Section 7212 deals specifically with the issuance of state driver’s licenses. If Real ID were repealed, at the very least we would be left again with Section 7212. The first benchmark of Section 7212 is the same first benchmark of the Real ID Act; a digital facial image. The digital facial required by the Real ID Act is not just any digital facial image but one specifically captured/taken (pixel count/resolution) for biometric use or capability such as for facial recognition. Real ID is more than just “national ID” Many people refer to Real ID as national ID. Contrary to the opinion of those that support Real ID, the Real ID Act does create a de facto national ID. Even worse, it creates an international ID as well. I encourage people not to look at Real ID Act as simply a driver’s license issue but more to the point, the centralization of citizen’s personal information via direct electronic access or indirect access to state DMV databases by the federal government and/or the surrogates of the federal government including especially data mining companies. “Law enforcement agencies that rely on DMV databases daily include the US Department of State; the US Department of Justice; the US Department of Homeland Security; the Postal and Inspection Service; the Department of Defense; the US Secret Service; the Department of the Army; the US Coast Guard; the National Center for Missing and Exploited Children; the Department of the Interior; the Veterans Administration; the National Insurance Crime Bureau; the Federal Protective Service; the Royal Canadian Mounted Police; Amtrak; and many others.” http://www.drivers.com/article/971/ The goal of our government and the government of other countries is total worldwide biometric enrollment. On page 68 of the Notice of Proposed Rulemaking for the Real ID Act 2005 released in March, 2007, by the Department of Homeland Security appears a footnote that reads as follows: “17 The relevant ICAO standard is ICAO 9303 Part 1 Vol 2, specifically ISO/IEC 19794-5 – Information technology – Biometric data interchange formats – Part 5: Face image data, which is incorporated into ICAO 9303”. The ICAO is the International Civil Aviation Organization, an agency of the United Nations. There is only one reason for international standards and the reliance of international organizations to implement U.S. law and that is to facilitate global information sharing. Consider these next two quotes. The first quote comes from Robert Mocny, speaking on behalf of DHS: “…information sharing is appropriate around the world…” and DHS plans to create a “Global Security Envelope of internationally shared biometric data that would permanently link individuals with biometric ID, personal information held by governments and corporations.” http://www.gcn.com/print/26_03/43061-1.html Julian Ashbourn speaking as the Chairman of the International Biometrics Foundation believes we need, “a global agency with global powers”. http://www.zdnet.co.uk/news/emerging-tech/2005/10/21/experts-call-for-global-biometrics-agency-39232717/ Nlets (National Law Enforcement Telecommunication System) has changed its name to The International Justice & Public Safety Network. This information sharing system/network raises several questions including most importantly who has direct or indirect electronic access to state DMV databases and exactly what information can be shared. http://www.nlets.org/ Interpol, the international law enforcement agency is just one international organization who provides information. Whether law enforcement agencies from other countries have direct or indirect access to The International Justice & Public Safety Network remains a question unanswered. Under the Real ID Act states are required to capture a digital facial image/photo specifically utilizing a standard for use with facial recognition technology/software. Could a foreign country or Interpol use photos in state DMV databases to identify and track U.S. citizens abroad using CCTV and facial recognition software? The following provides some insight what the goal is: “Currently, 27 states are in production to share driver’s license and corrections images, with eight more scheduled for development in 2011-2012. Nlets hopes to further spread this capability to all 50 states and each of the U.S. territories, as the individual states become technically able to do so. This job will not be done and, Nlets will continue working with each state and grant funders until this important capability is implemented in every state.” http://federalcrimesblog.com/tag/lpr/ L-1 Identity Solutions produces nearly every driver’s license in the U.S. and is the largest biometric provider in our country: http://ir.l1id.com/releasedetail.cfm?ReleaseID=462879 Two years ago L-1 Identity Solutions entered into an agreement with the World Bank to enroll countries, developed and underdeveloped into this global system of identification. Last year L-1 was sold to Safran, a French company owned 30% by the French government, who has an admitted forty year partnership with Red China. Check with your DMV because L-1 has access to some state DMV databases, thus your personal information: http://ir.l1id.com/releasedetail.cfm?ReleaseID=462879 You may want to know, or at least find it interesting to know, who has been part of L-1 either as employees or as members of their Board of Directors or the company that L-1 morphed from, Viisage Technology. These people include directors of the FBI, CIA, TSA and more including Frank Moss who was responsible for the State Department’s E- Passport (biometrics and RFID) program. They have all been paid in some manner (on Board of Directors or paid employees) by Viisage/L-1. When you have the time, read this article titled “The Revolving Door That Never Stops Turning”. http://constitutionalalliance.org/work/article.php/20110916125127810 By the way – the person who represented Safran, the French company, as their strategic advisor in Safran’s purchase of L-1 Identity Solutions was none other than former DHS Secretary Michael Chertoff. “The technotronic era involves the gradual appearance of a more controlled society. Such a society would be dominated by an elite, unrestrained by traditional values. [...] The capacity to assert social and political control over the individual will vastly increase. It will soon be possible to assert almost continuous surveillance over every citizen and to maintain up-to-date, complete files, containing even most personal information about the health or personal behavior of the citizen in addition to more customary data. These files will be subject to instantaneous retrieval by the authorities.” Zbigniew Brzezinski (1970 book – Titled “Between Two Ages: America’s Role in the Technetronic Era) Real ID is mandatory; there is nothing states or citizens can do right? READ THE REST OF THIS ARTICLE AT: http://constitutionalalliance.org/work/filemgmt_data/files/Real%20ID%20is%20a%20Symptom.pdf Mark Lerner is the founder of http://stoprealidcoalition.com/ He is a recognized expert on REAL ID. Mark has testified before Congress and has also testified before more than twenty state legislatures.




















