Perspective: The Real ID rebellion

In 1775, New Hampshire was the first colony to declare its independence from oppressive laws and taxes levied by the British crown.

Now it may become the first state to declare its independence from an oppressive digital ID law concocted in Washington, D.C.

New Hampshire's House of Representatives has overwhelmingly approved a remarkable bill, HB 1582, that would prohibit the state from participating in the national ID card system that will be created in 2008. A state Senate vote is expected as early as next week.

The federal law in question is the Real ID Act (here's our FAQ on the topic) that was glued on to a military spending and tsunami relief bill last year. Because few politicians are courageous enough to be seen as opposing tsunami aid, the measure sailed through the U.S. Senate by a 100-0 vote and navigated its way through the House 368 votes to 58.

Unless states issue new, electronically readable ID cards that adhere to federal standards, the law says, Americans will need a passport to do everyday things like travel on an airplane, open a bank account, sign up for Social Security or enter a federal building.

Video: New Hampshire says no to IDs
Rep. Neal Kurk talks about the state's likely declaration of independence from Washington.

The U.S. Department of Homeland Security is currently devising regulations for these federalized ID cards. One possibility is that the "electronically readable" requirement will be satisfied by embedding a radio frequency identification (RFID) chip. (They'll already be appearing in U.S. passports starting in October.)

That prospect alarmed New Hampshire state Rep. Neal Kurk so much that he gave an impassioned floor speech during the March 8 debate saying the Granite State must not participate in the Real ID system.

"There are times, Mr. Speaker, when we must look beyond the mundane and the pragmatic and take a stand based on our values," Kurk said. "I believe this is one of those times...I don't believe the people of New Hampshire elected us to help the federal government create a national ID card."

Kurk invoked the memory of Patrick Henry's revolutionary speech, "Give me liberty or give me death," and New Hampshire's motto, "Live Free or Die."

"The war on our civil liberties is actually begun," Kurk said. "There's a price to be paid for independence. But I ask you, what price-- liberty?"

Kurk's impassioned plea prevailed. Even though a legislative committee had opposed the measure, the House overruled the committee's recommendations by a margin of 217 to 84.

A Real ID rebellion?
While New Hampshire may be the first, it's not alone. Other state politicians are seething over how the federales are strong-arming them on national IDs.

The National Governors Association, hardly a bunch of libertarians, has called the Real ID Act "unworkable and counterproductive." The National Conference of State Legislatures wrote to Homeland Security Secretary Michael Chertoff in October, asking him to defer to states' expertise.

No doubt much of the political outcry is over money and would evaporate if the Feds wrote checks to cover the cost of upgrading state computer systems. (The governors' press release baldly admits they're "asking Congress to fund the changes required" by the Real ID Act. One taxpayer watchdog group puts the cost at $90 per Real ID card.)

That would be a shame. Privacy and autonomy are even better reasons to be skeptical of this scheme.

While New Hampshire may be the first, it's not alone.

There are no rules governing what data that private companies (hotels, retailers, employers) will be able to extract from the Real ID when it's swiped or placed next to an RFID reader. Will information like a home address and Social Security number be disclosed? Will a federal database be alerted whenever the card is swiped or read? And can an RFID'ed license be read from 20 or 30 feet away?

Unanswered questions like those are why it's important that state legislators stand up to bullying by Washington. "If New Hampshire passes this bill, we'll be the first domino," Kurk, the state legislator, told me Friday. "We're told there will be other states that follow on."

A New Hampshire Senate committee is mulling over the bill (and being lobbied by the motor vehicle agency, because the Real ID Act included a $3 million grant) with a floor vote expected after April 23. A rally is planned for noon on April 22 at the Concord state capitol by an anti-RFID group, and a Web site has sprung up to lobby senators.

"Having a national ID would promote a surveillance society that we should all dread," Jim Harper, the director of information policy studies at the free-market Cato Institute, told the state Senate committee last week.

The sad thing is that the U.S. Constitution was written to prohibit the federal government from taking such drastic steps. The long-forgotten Tenth Amendment says that powers not explicitly delegated to the Feds "are reserved to the states" or to the people.

For now, though, the Real ID rebellion will continue. Patrick Henry's famous resolution in the Virginia legislature condemned "burdensome taxation" in the form of the hated Stamp Act. When more people learn about the Real ID Act, it might just spark a similar revolt today.

Biography
Declan McCullagh is CNET News.com's chief political correspondent. He spent more than a decade in Washington, D.C., chronicling the busy intersection between technology and politics. Previously, he was the Washington bureau chief for Wired News, and a reporter for Time.com, Time magazine and HotWired. McCullagh has taught journalism at American University and been an adjunct professor at Case Western University.

More Perspectives

[pjianwei]

Having an ID kills?

Making yourself known also kills? Just curious how do u guys withdraw money from the bank w/o an ID? How do the banks identify you?

A bit paranoid about RFID...arent' we?

Seriously, before you write an article like this, you should be aware of the realities of RFID.

Reading a passiver RFID chip from 20 - 30 feet? Those of us in the industry are on the floor rolling around laughing just wishing that could be true. Passive RFID chips have no built-in power source and must get their power from the RFID antenna. It is illegal (because of radiation) for these antennas to send out more than 4 watts of power into the air. On a good day with no solar flares, this gives you a maximum range of a few feet at best. Also, the whole thing can be thwarted by a simple piece of tin foil wrapped around the card. It is perfectly reasonable to create a wallet, or a small card holder that can EASILY block any unwanted reading of passive RFID chips. It's as simple as can be. That way, the chip can only be read when you want it to, and that's no different than choosing when to give your drivers licence # or credit card #. We do those things all the time and they could be tied into the same databases as any RFID exposed number.

Geesh...talk about paranoia...and articles like this just make it worse. In the end, I hope the author(s) of this article were simply uninformed rather than just trying to scare people when they know better.

True...but off the subject

Your argument is about the mandatory id number, not the fact that it's being implemented via RFID. I personally object to the government "universal" id number...but people are unnecessarily paranoid about RFID, and that's a different argument.

[Jim Harmon]

Do the following two words mean anything anymore?

"Papers please"

Remember all the movies in past years about oppressive government influence in the average person's life - whether it was a WWII movie about Nazi control or a spy moviescene taking place in the Soviet-bloc... these two words were supposed to send chills down our spines. I know it did mine.

And here we are, a supposed democracy CHOOSING this way of life?? There's an old saying that is so true, especially today:

Those who sacrifice freedom for security do not have nor deserve either.

[Robert Claypool]

Lobbying

No governmental department should be allowed to lobby.

[truebluealex]

Don't want an ID for me!

This link is to a website and the title is "Will Homeland Security Come To This?" It is a somewhat humorous insight of what our power hungry control freak of a government wants things to be. (Yikes).

http://www.fortliberty.org/forum/viewtopic.php?p=429

It is ridiculous and idiotic! We know better than to believe the government's lies about keeping us safe, blah, blah, blah... Whatever - if our poor excuse for a democratic government cared about anything besides their pockets and control issues, we would all have healthcare, all of our children would have healthcare, our seniors would have the medicines they need and health care services they deserve, children would not have to live in poverty without education, there would be a cure for cancer (since a lot of the FDA approved chemicals put into our food causes tumors and diseases), toxic waste dumps would not exist and would definitely not let neighborhoods be built after the supposed "10 year time period of no dumping makes the land 'safe' again"...yeah right. I guess it shows that if you believe the lies and support the scams of (un)great ones, then you are becoming their guinea pigs, their experiments.

The government is not supposed to control us and should not have any place/right/nerve to mess with our lives and take away our RIGHT TO LIFE! The whole point of having a democracy, and actually living under a democratic leadership, is lost. Our society is horrible, we hear that we have a democratic nation, but there is nothing democratic happening or being enforced (on our part - a democracy does not mean that the government gets free reign either!)! Where do they get off thinking they can do whatever they want? We are the ones that pay them! (Doesn't it usually mean that a "job is being performed" when a person or persons gets paid? With that in mind, since they are not doing their job, or any job, shouldn't they be fired? -Something to think about...) I don't think you would pay someone that is supposed to be your employee, only to take orders from them and be their manipulated toy, am I correct? (Hopefully so, because that would not be tolerated in most situations!)

It is like The Manchurian Candidate, only a lot worse. We know right from wrong, we know not to hurt others, we help those less fortunate when we are in the position to be able to, and even sometimes not; many of us would risk our safety to help a stranger, adopt an animal from the shelter because it only has until the shelter closes to find a home or it will get put to sleep. These are the morally correct things to do, (or at least I would); and yet our government does nothing even close! They lie, experiment with lives (i.e. Tuskegee Syphilis Experiment to name one), deprive services that every being deserves from birth, hurt and kill people and animals, and try to put a price on everything -making it so that only ones with "this" can/are allowed to/get to certain things, but if you don't have some meaningless material matter, too bad, they don't care because it doesn't benefit them any & even when/if it does, they still don't care about anyone, they got what they wanted. Now that is NOT morally correct, not humane, not anything that I want to control me, my decisions, my life, watch my every move, know that I get highlights and had braces a long time ago. I think that it is plain as day to realize where the control needs to be and who should be under surveillance - NOT us! But the government that has jeopardized this country and uses us like we are in a video game, puts lives in harms way, and won't stop destroying the earth (which they do not own) keeps getting away with some of the worst acts that can be done. They are not superior to anyone and have no place to order us around like a bunch of zombies- we are not the ones with moral and control issues; and they have no business to keep spying, snooping, watching, surveying, and ordering us to have "REAL ID" cards- (but they really want us to have the "Home-Again-Human" micro-chip implants)!

[art pinto]

RFID

All true!
And I believe the ID could be made in such way that it
would need the holder's authorization for private info
contained on his/her card.

No need to be paranoid about it. But these new e-IDs
have to be carefully designed in order to protect the
citizens privacy.

Art Pinto

[newcreation]

microchip implants

it would be very difficult for them to implement a implantable id chip program many just wouldnt take reguardless of the reason

[casper2004]

We could have many chips in us now!

I don't know why they are bothering with this real ID thing. All the system needs to do is get doctors to shove a chip in you when you go there for something, and not tell you. Sometimes I think I have one in my arm. I had a needle about 3 months ago, and my arm still hurts!!!

[ajbright]

I always find it funny

that even today, people are so in love with our so-called founding fathers, that they forget that these guys were just a bunch of rich white men who didn't want to pay their taxes.

They then went around the colonies inventing myths about British oppression, tricking people into believing they would get some sort of say as to who would run their new country for them.

To this day, millions of Americans still don't understand that all they get to do in a Presidential election is to let the Electoral College know who they would prefer as President.

This system was setup deliberately, because the last thing these rich white men wanted was to actually let ordinary, working class white men decide who would run the country - especially if one of those ordinary, working class white men was to actually run for President.

Another thing people like to forget about the rich white men that made up these rules, is that they deliberately excluded minorities and women, because by and large these groups of people were regarded as property not human beings - and the founding fathers were no different in that belief than the most ignorant, chauvinistic rascist.

Like I said, it's hilarious that Americans are still taken in by these myths, especially those about the British, hundreds of years after they were made up.

[Bob Brinkman]

I saw a peice of equipment about a year ago

That could brodcast out 1000's of social security numbers via RFID, the idea being to obscure yours. I can't remeber what it was called, anyone have any information on this device or similar ones?

[declan00]

DHS wants RFID'd identity cards that can be scanned 30 feet away

Fresh off the presses:
http://news.com.com/New+RFID+travel+cards+could+pose+privacy+threat/2100-1028_3-6062574.html

[newcreation]

how is dhs going to enforce it

if they want to imprision awhole lot of people guess they can try to enforce it.i dont care who comes and asks me to get implanted

[X99]

It's Already in Place

> Unless states issue new, electronically
> readable ID cards that adhere to federal
> standards, the law says, Americans will need
> passport to do everyday things like travel
> on an airplane, open a bank account, sign up
> for Social Security or enter a federal building.

While I can agree in principle with those who
oppose a National ID, I would like to point
out that for all practicle purposes we already
have National IDs: 1) Driver's license, 2) Social
Security Card. It's almost impossible to get
through life without these. Also, driver's
license information is already linked on a
nationwide basis and most (all?) drivers'
license already encode information
electronically.So, in many ways this new
law seems little more than a formalization
of what we already have. I'll take these
"opponents" of a National ID seriously when
we see major steps forward to eliminate any
form of "National ID" including those that
disguise themselves as drivers' license and
social security cards.

[gerard rotonda]

Digital ID law - What impact on Banking

National ID cards have long been advocated as a means to enhance national security, unmask potential terrorists, and guard against illegal immigrants. They are in use in many countries around the world including most European countries, Hong Kong, Malaysia, Singapore and Thailand. Currently, the United States and the United Kingdom have continued to debate the merits of adopting national ID cards. The types of card, their functions, and privacy safeguards vary widely.

Americans have rejected the idea of a national ID card. When the Social Security Number (SSN) was created in 1936, it was meant to be used only as an account number associated with the administration of the Social Security system. Though use of the SSN has expanded considerably, it is not a universal identifier and efforts to make it one have been consistently rejected. In 1971, the Social Security Administration task force on the SSN rejected the extension of the Social Security Number to the status of an ID card. In 1973, the Health, Education and Welfare Secretary's Advisory Committee on Automated Personal Data Systems concluded that a national identifier was not desirable.


As quoted from the Electronic Privacy Information Center. Credit Suisse. National ID Cards and REAL ID Act.

Gerard Rotonda














Credit

[jfmezei]

Talk about ID theft

Now, your complete biometric information will be available for anyone to capture.

What this means is that your own personal biometric information becomes public domain. And this means that your biometric information is no longer to be trusted as private authentification for doors, ATMs etc.

---

Back in the days of the USSR, people needed permission from the soviet government to travel. Now, the USA will implement a modern version of this, with some central database being checked to see if you are allowed to travel or not before the airline lets you board. There have been numerous examples of legitimate travellers being barred from travelling within the USA already.

The tactic of tagging some law alongside some other law should be banned in the USA. This law should have been put to a vote on its own. This way, every politician would be judged on his vote on this particular issue and that issue only.

[abuelitojd]

Is it true

that without this National ID, you won't...


Drive your car
Board a plane, train, or bus
Enter any federal building
Open a bank account
Hold a job

[d_goddard]

Freedom in New Hampshire

New Hampshire is the target of the Free State Project -- many (but certainly not all) of the folks involved in organizing the effeort against REAL-ID in New Hampshire are "Free-Staters".
Information about the Free State Project is at:
http://freestateproject.org
We have made other pro-Freedom strides in New Hampshire as well! Continuing coverage about successes made by the Free Staters is at:
http://freestateblogs.net

[Xalorous]

not 'a bunch of libertarians'

No, they're a bunch of Republicans and Democrats, what of it?

Of course Libertarians will stand against this legislation. They believe in complete personal and economic liberty, except where it infringes on the liberties of others.

The point you should make is that all citizens of this country should stand up and say no to this legislation, regardless of party affiliation.

Enough is enough. The events of September 11 have caused us to mortgage our civil liberties. Now we are over-extended and repossession is underway. NSA can read your emails and track your internet usage. If you travel by plane, you must submit to being treated as a threat until you are proven not to be one.

The bottom line is that if Bin-Laden wanted to reduce the greatness of this country, and we can be sure that this was his motive, he would surely have failed. Except that now we are surrendering much of our what gives us our greatness, namely our freedom. Inch by inch now, later it will be surrendered by the mile.

Stop! Enough!

[Oberdan]

For those who support Real ID or simply don't understand:

There are some who would take out their driver's liscense and Social Security Card and wave them around saying they all ready have national ID's. One, those aren't national id cards. The one from the DMV is a document that states you have the ability and skills to drive a car. The other is from the Social Security Department, proving that you can pay taxes from your wages by your employeer.

When you go to open a bank account or enter a federal building, a military ID is just as good. Neither of these devices have biometric data on you. Your social security number is guarded by all companies as private information. If you don't think so, call your bank, credit card company, heck, call your power company, give your name and address over the phone and ask for your SSN number. You'll get told NO.

What this law does is change all of that. You will have biometric data on this Federal ID. You will have a digital copy of your birth certificate on it. A digital copy of your social security number, a digital copy of your picture. Notice, digital picture. And it all has to be in a transferable format. Why call those places of businesses when all someone needs is a reader and for you to simply pass by?

How does this kill?

Law enforcement and people in the witness protection program are not exempt. Those women hiding from deadly estranged/divorced husbands and those undercover agents for the DEA and FBI are not exempt. Judges are not exempt. Prosecutors are no longer able to have thier addresses listed as a PO Box so vengeful convicts can easily find them at home and away from security.

I just sent a PDF to the author of this article that is a huge pass around in IRC's for the asking. It's a document describing how to hijack and ghost RFID chips from a long ways. Using the methods described, I was able to ghost the chip in my Wife's cell phone up to 143 feet. Before those "in the industry" start rolling on the floor laughing about range, it's what ghosting is all about and how it works. I mail ordered all equipment I needed from Texas Instruments for a very low cost to test it, and with minor hacking skills and a hex editor, I was even able to manipulate the data on the RFID chip. The cell phone was still in her purse the whole time.

The documents I describe had a few different RFID chip type and the difference between the ones for name tags and devices. The source of that document was from Tel Aviv University.

Not worried yet?

The rules Governing the requirements for getting this card means millions of Americans cannot get it. They need to verify all of the required documents you provide with the issuing agency. Many a senior citizen whose Birth Certificate no longer exists due to building fires, or lost records from the World War Two era, cannot get these cards. No social security, medicare or bank accounts for them.

Lets look at New Orleans. The department of vital statistics there lost all their hard copies and computer data base of most of their natural born citizens to Katrina and cannot verify their documents. This is a no tolerance law. These people cannot get the Real ID Card.

Still not bothered and it's no big deal?

The penalties for not getting one of these cards is a bit more than you may realize. It's not just about denial of access to courthouses. Anything related to the Federal government is closed off to you. Not just buildings, but services. You won't be able to enter a post office or buy their stamps. It's a Federal Building. While courthouses aren't that much of a bother to most people, a common place like the post office will be. Banks too, since the FDIC brings them under Federal jurisdiction. And all of your accounts will be unaccessable.

Not to mention the buses, planes and trains, you'll be pooched for those as well.

This is all geared to get you to HAVE to get the card. If you don't have a Driver's Liscense, you can still go to the post office and buy stamps.

So what do we get if we do get this card?

Dead cops, dead women who are hiding from estranged husbands, stolen identities made simple, and oh hey, who needed privacy anyways?

Wake up, you naysayers. There is far more to this than your delicate sensitivities to what you may think is right or wrong. It's about your own Government forcing you to have to get this card so you live like they want you to, or ELSE. I hate fascist mentalities.

By the way, Syria and Veitnam have National ID cards. I guess that keeps them free of terrorists too, right? RIGHT?

Nope, but it sure helps their Governments keep a solid steel fist on the people. Do we want to end up like them?