Real ID Summary

Because most people are too lazy to read the bill itself, (and frankly, it’s filled with so much legalese that most people can’t understand it) here’s an honest, unbiased breakdown of the bill’s ID-relevant sections.

1. Beginning 3 years after the date of the enactment of this Act, a Federal agency may not accept, for any official purpose, a driver’s license or identification card issued by a State to any person unless the State is meeting the requirements of this section.
2. The Secretary [of Homeland Security] shall determine whether a State is meeting the requirements of this section based on certifications made by the State to the Secretary of Transportation.
3. The “license” (id) must include:
   • The person’s full legal name
   • The person’s date of birth
   • The person’s gender
   • The person’s driver’s license or identification card number
   • A digital photograph of the person
   • The person’s address of principle residence
   • The person’s signature
   • Physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes
   • A common machine-readable technology, with defined minimum data elements
4. In order to issue such a license, the State must require and verify the following information:
   • A photo identity document, except that a non-photo identity document is acceptable if it includes both the person’s full legal name and date of birth
   • Documentation showing the person’s date of birth
   • Proof of the person’s social security account number or verification that the person is not eligible for a social security account number
   • Documentation showing the person’s name and address of principal residence
5. In addition to the above, the State must require valid documentary evidence that the person:
   • is a citizen of the United States or
   • is an alien lawfully admitted for permanent or temporary residence in the United States or
   • has conditional permanent resident status in the United States or
   • has an approved application for asylum in the United States or has entered into the United States in refugee status or
   • has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States or
   • has a pending application for asylum in the United States or
   • has a pending or approved application for temporary protected status in the United States or
   • has approved deferred action status or
   • has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States
6. The State must also establish the following:
   • Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format
   • Retain paper copies of source documents for a minimum of 7 years or images of source documents presented for a minimum of 10 years
   • Subject each person applying for a driver’s license or identification card to mandatory facial image capture
   • Establish an effective procedure to confirm or verify a renewing applicant’s information
   • Confirm with the Social Security Administration a social security account number presented by a person using the full social security account number
   • Refuse to issue a driver’s license or identification card to a person holding a driver’s license issued by another State without confirmation that the person is terminating or has terminated the driver’s license
   • Ensure the physical security of locations where drivers’ licenses and identification cards are produced and the security of document materials and papers from which drivers’ licenses and identification cards are produced
   • Subject all persons authorized to manufacture or produce drivers’ licenses and identification cards to appropriate security clearance requirements
   • Establish fraudulent document recognition training programs for appropriate employees engaged in the issuance of drivers’ licenses and identification cards
   • Limit the period of validity of all driver’s licenses and identification cards that are not temporary to a period that does not exceed 8 years
7. The State(s) must implement a shared database to be accessible by all States with the following data included:
   • All data fields printed on drivers’ licenses and identification cards issued by the State
   • Motor vehicle drivers’ histories, including motor vehicle violations, suspensions, and points on licenses

Let’s go through these provisions in more detail, shall we?

1. What this means is that in 3 years, you need to have one of these Federally-mandated universal ID cards, or else you can’t do anything with the Federal Government (or that the Federal Government controls; i.e. air travel)
2. The Secretary of Homeland Security (whatever that is) is the one who decides whether your State is complying with these rules.
3. Most of this item is pretty standard stuff for driver’s licenses now. Though what they mean by a “digital photograph” on an ID I don’t know… it’s only “digital” when you take it; once it’s been printed on paper (or plastic) it’s just a photo.However, the “common machine-readable technology” is more than a little disturbing – because it could be anything, really. A bar code, a mag-strip, or even an RFID tag which can be read from a distance without you even knowing.
4. This one means that you need (effectively): a photo ID (or some other ID that has your full name and date of birth on it, such a birth certificate), a social security card, and something that shows where you live. Now, what that last one is going to be I don’t know, but that’s a lot of requirements.
5. This one is the most insidious of all. It means you need to provide proof of citizenship (or, if not a citizen, proof of legal resident alien status).Proof of citizenship.

   Even if you’re already a citizen.

   You now have to prove it.

   I don’t know how you’re going to do this one, short of a birth certificate. What if you don’t have one? What if yours was lost, destroyed, or can’t be found anymore? You’re SOL. Never mind that having to prove that you’re a citizen is, frankly, insulting.

6. This requirement is more verification crap, including keeping copies of all these records & verified documents for 7 years, in both a physical and electronic file.
7. And this shared database is just ripe for mis-use. First, there’s no legislation covering how it’s to be used, so you just know that it’ll be improperly used. Secondly, even when legislation does specify how private information is to be used & shared by the Federal government, they rarely abide by it.

Now, in case the implications of all this aren’t clear to you – well, just go read my earlier posts on this subject.

There are a few other unanswered questions, though. For example, if this legislation is so important, and so necessary for keeping us safe from terrorists, and preventing terrorists from coming freely into the country – why is there a 3 year wait for it to be implemented?

The answer to that has 2 parts. Firstly, of course, is that this legislation isn’t going to keep us safe from terrorists. And secondly, it’s to make people forget about it. “Oh, it’s 3 years from now, I don’t have to worry about it…”

Another question comes up when you think about the logical flaws with this legislation. Checking for valid IDs to help identify terrorists assumes something rather foolish, and that is that we know who the terrorists are in advance. Since we don’t know who they are in advance, the whole logic of the scheme falls apart. Basically, we’re going to be checking people’s IDs… and somehow, by looking at the ID, we’ll know who the terrorists are.

Riiiiiiight.

It’s well known that ID checks do basically nothing against a terrorist threat, so to say that a national ID law is for our protection against terrorists is just such a blatant lie, such a blatant “we’ll use words that make you afraid so you’ll do what we say without questioning us” tactic that it makes me sick. And it should infuriate anyone else who has a shred of decency left in them.

So, there you have it – my summary and analysis of the “id” portion of the REAL ID act.