This is stupid. Inherent in the idea of a driver's license is the notion that the person who is carrying it is who the license says they are. While the REAL ID stuff may be overkill in some respects, it is a good idea to require states to do something to make sure driver's licenses are accurate.
Yes and no. Mostly no.
A drivers license, like a pilots license or a hunting license is authorization granted by the state to operate a motor vehicle. If your description of Maine's law is accurate, then it can be said that Maine is granting licenses to people based on their ability to drive.
Example: I go to Maine's DMV and apply for a license with the name Bob Karma. I pass my test, grab my new piece of lamine, hop in my porsche and press the accelerator for all its worth. While passing the local school zone, I get pulled over and an officer with large bosoms asks to see my license. She confirms the license is valid, and writes me a ticket then allows me to be on my way.
As we see there is no inaccuracy in play. Even if I pay for said ticket with my checking account in the name of Joe Liberal, the validity of the license is not questioned.
Problems occur when a license is also used as an identification card - as most states do. Since identity requires authentication, most states identity cards are susceptible to fraud. This fraud is what REAL ID is attempting to address.
Now as a supporter of REAL ID, I understand the risks of a national id card all too well (it runs counter to libertarian principles). They are as follows:
1. A national id card requires a federal centralized database. Since the federal government has additional databases (IRS, criminal etc), the ID database will become the central hub profile capable of monitoring a citizen throughout his life. Every query/hit of the database can be recorded such that a bored DMV/police/fbi/hacker user can watch as I buy some beer at the Kwik-E-Mart (id check), go to the airport to take a plane to visit my mom, get accosted by a racist cop while I'm walking to her apartment, and log my visit to Washington Mutual where I am opening a secret savings account for my wife's anniversary present.
Bottomline: the first problem is that much like the SSN, a national id card will allow for citizen tracking similar to following someone's credit card purchases throughout the day. Anything that the government can conceivable think to add to the database, would be (in theory) available for review by all those who have access to the database.
- The government's motivation is not to safeguard your privacy. As a result, not only are compromise to the data kept on you likely to occur, but redress for that compromise (it being the government) is limited. If someone fakes your national id card, your challenge to rectify the problem will be similar to that of people who have had their identity stolen (i.e. days and months of work with no clear end in sight).
- A national id card makes it easier for an authoritarian government/corporation to restrict the liberty of its citizens. This is the classic get the undesirables to wear stars of david, pink triangles etc then round em up and ship em out problem. A national id card strips away collective/herd immunity.
- A national id card destroys western notions of privacy. The constitution of the USA guarantees that citizens will be secure from unreasonable searches, but in an environment where all profile data is linked, queries of that data will not be viewed (judicially) as unreasonable. Eg. I go back to the Kiwk-e-Mark and the clerk demands to see my id..along with my name, my ID has my address, blood type, contact # , height, whatever the government chooses to put on it. How much of that information does the clerk need and how much do they obtain as a 'bonus'? This is the equivalent of Best Buy asking for your telephone number to complete a purchase. Both the government and private corporations will be enabled to collect information at their discretion.
- A national id card is expensive. Managing and maintaining such a system will be an added significant cost - as fraud occurs, more and more tamper resistant measures will be added in an 'arms race' to preserve the reliability of a document which all identity systems will slowly switch to.
- A national id card will be no more functional/useful than current identity systems. As such any utility gained from a national id card would be primarily due to newly implementable restrictions on citizens freedoms.
Memory is a strange bell, jubilee and knell.
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Re: drivers licenses, identity, and national id
Sun Jan 13, 2008 at 07:44:43 AM EST
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Example: I go to Maine's DMV and apply for a license with the name Bob Karma. I pass my test, grab my new piece of lamine, hop in my porsche and press the accelerator for all its worth. While passing the local school zone, I get pulled over and an officer with large bosoms asks to see my license. She confirms the license is valid, and writes me a ticket then allows me to be on my way.
If she cannot confirm that the driver's license card was issued to you, the person she finds behind the wheel, then the license card is useless as a way to identify people who are licensed to drive. What's to stop you from having your cousin (who looks like you) get a license card and hand it over to you? That's why I say that inherent in the idea of a driver's license is the notion that the person who is carrying it is who the license says they are.
Your list of concerns over REAL ID seems fairly complete, but as i read it I have to think that the angst over this proposal is just redirected displeasure with government (and law enforcement) in general, because it doesn't seem like anything new is occurring here.
A national database filled with shared information that allows tracking people over time? The National Crime Information Center is such a beast, and it has been around since 1967.
A national centralized database filled with juicy information that could be a gold mine for an identity thief? Yeah, the Social Security Administration has one of those. So does the IRS.
Allowing a future hypothetical fascist government to round up citizens? To use this data, they'd have to go by family names, because the REAL ID requirements don't include race or skin color or religion or sexual orientation. They already have databases of family names associated with addresses--tons of 'em.
Killing 4th amendment protections? This was never a correct argument to begin with; the 4th amendment protects private spaces, not information you share with others.
So many of the cries about lost privacy really seem to be cries about privacy that we lost fifty years ago. This proposal won't take away more privacy; it will just make government work more effectively.
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Re: drivers licenses, identity, and national id
Mon Jan 14, 2008 at 05:42:19 AM EST
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What's to stop you from having your cousin (who looks like you) get a license card and hand it over to you? That's why I say that inherent in the idea of a driver's license is the notion that the person who is carrying it is who the license says they are.
you mean other than fraud laws and the threat of incarceration? Nothing I suppose.
The question might be why is it critical to confirm with 99.99999% probability that the license card whose picture 'looks like you' is actually your own?
Still this discussion is somewhat timely since with recent events I get to not only warn against the slippery slope of nationalized id, but point to its egregious manifestation.
Memory is a strange bell, jubilee and knell.
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Re: drivers licenses, identity, and national id
Mon Jan 14, 2008 at 07:43:12 AM EST
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The question might be why is it critical to confirm with 99.99999% probability that the license card whose picture 'looks like you' is actually your own?
Terrorists.
Discussion over.