- Related Stories
-
Driver's license or national ID card?
February 16, 2006 -
New phishing attack uses real ID hooks
May 15, 2005 -
FAQ: How Real ID will affect you
May 6, 2005 -
National ID cards on the way?
February 14, 2005 -
House backs major shift to electronic IDs
February 10, 2005 -
National IDs for everybody?
October 4, 2004 -
Dean should come clean on privacy
January 26, 2004 -
Perspective: Closer to a national ID plan?
February 17, 2003
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.
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.
See more CNET content tagged:
Real ID Act, New Hampshire, ID card, independence, RFID







- For those who support Real ID or simply don't understand:
- by Oberdan June 2, 2006 10:47 AM PDT
- 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. <br /><br />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. <br /><br />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?<br /><br />How does this kill? <br /><br />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. <br /><br />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. <br /><br />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. <br /><br />Not worried yet?<br /><br />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. <br /><br />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. <br /><br />Still not bothered and it's no big deal?<br /><br />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.<br /><br />Not to mention the buses, planes and trains, you'll be pooched for those as well. <br /><br />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. <br /><br />So what do we get if we do get this card?<br /><br />Dead cops, dead women who are hiding from estranged husbands, stolen identities made simple, and oh hey, who needed privacy anyways?<br /><br />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.<br /><br />By the way, Syria and Veitnam have National ID cards. I guess that keeps them free of terrorists too, right? RIGHT? <br /><br />Nope, but it sure helps their Governments keep a solid steel fist on the people. Do we want to end up like them?
- Like this Reply to this comment
-
-
- Privacy ACT Facts
- by Privacy-Rights-Army.com September 25, 2006 4:57 AM PDT
- Interesting,<br /><br />Excellent overview on just how serious this issue of privacy is, and will be if we do not get educated on security issues. We all know the government is not very good at securing our personal private data, just look at all the VA Administration records that we lost, as government agency, so are we going to trust them seeing how they passed this bill disguised to be unseen by most of congress. We are all being duped, so get educated before it is too late.<br /><br />FIGHT BACK
- Like this
-
- well written
- by bruceslog November 2, 2007 10:28 PM PDT
- Your comment is well written and makes a poignant point.<br />The only issue I had with your comment was when you say that ones social security card is to prove you can pay taxes. <br />Ones social security card is actually your bank account number for your retirement savings that you work all your life contributing to. There used to be a law that stated that this ssn number is Never to be used for identification purposes, nor is it to be given out to anybody but the IRS for use in directing your employer deducted funds from your hard earned pay into your retirement account.<br />Now ? Around here one cannot even start a cable television account without surrendering ones SSN number. To watch cable TV in one's own home, one must give that cable company his or her own personal retirement bank account number. I don't feel like my elected officials are looking out for my best interests there.<br /><br />I believe that the Bible states that we would all someday be assigned a number. The mark of the beast. Without this number, if I recall, one will not be able to have any dealings with the government, banks, nor even be able to buy food and staples.<br /><br />And here comes the real id card with a number. several numbers, actually. <br />And we cannot enter federal buildings without it ? <br />Cannot travel by plane without it ?<br />Cannot bank without it ?<br /><br />I still do not feel like my elected officials are looking out for my best interests here.<br />Nor are any of the people on these forums, or anywhere else, who think that this federal ID crap is a good thing.<br /><br />They have taken away our Constitutional rights to live free without being watched, listened to, tracked, and spied upon. They have taken away the right to a fair trial before peers, ( just by labeling one a enemy combatant - damn wordplay <br />crap ). They have destroyed the Geneva convention, the right to free speech. <br /><br />The "terrorists" have won a major victory. America is not the great Free Nation of people it was. Our government suspects that we, each of us, are the enemy. So it tags us with real ID's and watches us all for Any sign of trouble.<br />A shame.
- Like this
-
Showing 1 of 2 pages (74 Comments)