Version: 2008

May 6, 2005 4:00 AM PDT

FAQ: How Real ID will affect you

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"the states in crafting solutions to curtail the future abuse of drivers' licenses by terrorist organizations."

Who were the three Republicans who voted against it?
Reps. Howard Coble of North Carolina, John Duncan of Tennessee, and Ron Paul of Texas.

Paul has warned that the Real ID Act "establishes a national ID card" and "gives authority to the Secretary of Homeland Security to unilaterally add requirements as he sees fit."

Is this a national ID card?
It depends on whom you ask. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, says: "It's going to result in everyone, from the 7-Eleven store to the bank and airlines, demanding to see the ID card. They're going to scan it in. They're going to have all the data on it from the front of the card...It's going to be not just a national ID card but a national database."

At the moment, state driver's licenses aren't easy for bars, banks, airlines and so on to swipe through card readers because they're not uniform; some may have barcodes but no magnetic stripes, for instance, and some may lack both. Steinhardt predicts the federalized IDs will be a gold mine for government agencies and marketers. Also, he notes that the Supreme Court ruled last year that police can demand to see ID from law-abiding U.S. citizens.

Will it be challenged in court?
Maybe. "We're exploring whether there are any litigation possibilities here," says the ACLU's Steinhardt.

One possible legal argument would challenge any requirement for a photograph on the ID card as a violation of religious freedom. A second would argue that the legislation imposes costs on states without properly reimbursing them.

When does it take effect?
The Real ID Act takes effect "three years after the date of the enactment" of the legislation. So if the Senate and Bush give it the thumbs-up this month, its effective date would be sometime in May 2008.

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Real ID Act, ID card, Social Security, homeland security, social security number

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