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National ID Cards and REAL ID Act
National ID Cards and REAL ID Act
Source: http://www.epic.org/privacy/id_cards/
Latest News/Events
Maine Lawmakers Refuse to Implement REAL ID Act.
The Maine House and Senate registered nearly unanimous opposition today to the federal REAL
ID Act (pdf), which mandates federal requirements for state driver's licenses and requires state
DMVs to verify identification documents, such as birth certificates. The state legislature passed a
resolution stating that the "Maine State Legislature refuses to implement the REAL ID Act and
thereby protest the treatment by Congress and the President of the states as agents of the federal
government." The resolution also asks Congress to repeal the law. Sen. Daniel Akaka (D-HI) and
Sen. John Sununu (R-NH) introduced legislation on December 8 to repeal REAL ID and replace it
with language that includes strong security and privacy protections. (Jan. 25)
Several States Have Bills Rejecting REAL ID.
State legislatures in Georgia, Massachusetts, Montana, New Mexico and Washington all have
introduced bills rejecting the federal REAL ID Act, which imposes federal requirements on state
driver's licenses and identification cards. Opponents of the REAL ID Act say that the requirements
are too difficult to implement, would be too costly, and would lead to de facto national identification
database and ID card. (Jan. 24)
UK Ditches Plan for Centralized ID Database.
The United Kingdom has pulled the plug on a central National Identity Registry, a national ID
system that would hold personal information and biometric data on UK citizens and visitors.
However, under the national ID system, the UK will still link several existing databases. The UK also
dropped a plan for iris-scanning biometrics. Privacy International led a national campaign against
the Identity Card, aided by research (pdf) from the London School of Economics. However,
concerns remain about the system and expanded government data-sharing. (Dec. 21)
History of National Identification Cards
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. In 1976, the Federal Advisory Committee on False Identification rejected the idea of
an identifier.
In 1977, the Carter Administration reiterated that the SSN was not to become an identifier, and in
1981 the Reagan Administration stated that it was "explicitly opposed" to the creation of a national
ID card. The Clinton administration advocated a “Health Security Card” in 1993 and assured the
public that the card, issued to every American, would have “full protection for privacy and
confidentiality.” Still, the idea was rejected and the health security card was never created. In 1999
Congress repealed a controversial provision in the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 which gave authorization to include Social Security Numbers on driver's
licenses.
In response to the tragic events of Sept. 11, 2001, there has been renewed interest in the creation
of national ID cards. Soon after the attacks, Larry Ellison, head of California-based software
company Oracle Corporation, called for the development of a national identification system and
offered to donate the technology to make this possible. He proposed ID cards with embedded
digitized thumbprints and photographs of all legal residents in the U.S. There was much public
debate about the issue, and Congressional hearings were held. Former House Speaker Newt
Gingrich testified that he "would not institute a national ID card because you do get into civil
liberties issues." When it created the Department of Homeland Security, Congress made clear in
the enabling legislation that the agency could not create a national ID system. In September 2004,
then-DHS Secretary Tom Ridge reiterated, "[t]he legislation that created the Department of
Homeland Security was very specific on the question of a national ID card. They said there will be
no national ID card."
The public continues to debate the issue, and there have been many other proposals for the
creation of a national identification system, some through the standardization of state driver's
licenses. The debate remains in the international spotlight – several nations are considering
implementing such systems. The U.S. Congress has passed the REAL ID Act of 2005, which
mandates federal requirements for driver's licenses. Critics argue that it would make driver's
licenses into de facto national IDs.
The REAL ID Act of 2005
Summary
The REAL ID Act of 2005 creates a de facto national identification card. Ostensibly voluntary, it
would become mandatory as those without the card would face suspicion and increased scrutiny. It
is a law imposing federal technological standards and verification procedures on state driver's
licenses and identification cards, many of which are beyond the current capacity of the federal
government, and mandating state compliance by May 2008. In fact, REAL ID turns state DMV
workers into federal immigration officials, as they must verify the citizenship status of all those who
want a REAL ID-approved state driver's license or identification cards. State DMVs would far move
away from their core mission -- to license drivers.
REAL ID was appended to a bill providing tsunami relief and military appropriations, and passed
with little debate and no hearings. The REAL ID Act repealed provisions in the Intelligence Reform
and Terrorism Prevention Act of 2004, which contained "carefully crafted language -- bipartisan
language -- to establish standards for States issuing driver's licenses," according to Sen. Richard
Durbin. The states await the issuance of guidelines on how to meet these standards; the
Department of Homeland Security has yet to issue them though the compliance date remains May
2008.
The National Conference of State Legislatures estimates (pdf) that that the cost to the states will be
more than $11 billion over five years. This is more than 100 times the $100 million cost that
Congress initially estimated. For 2006, $40 million was allocated for start-up costs. No more
funding has been allocated, and it is likely that the cost will be shouldered by the public.
How will the REAL ID Act affect state driver's licenses and identification cards (DL/ID)?
If the Department of Homeland Security Secretary doesn't grant a state an extension to meet the
certification requirements, then by May 11, 2008 (three years after passage of the REAL ID Act),
states must meet the following standards to be accepted for federal use (entrance into a
courthouse, onto a plane; receiving federal benefits, such as Social Security or Medicare). The
Department of Homeland Security has yet to issue the guidelines explaining how the states can
meet these standards. The EPIC analysis of the potential privacy implications follows the
enumeration of the each set of standards.
Minimum document requirements, §202(b):
"To meet the requirements of this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification card issued to a person by the
State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of
the document for fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements."
EPIC analysis:
We strongly advise deleting the §202(b)(6) requirement of displaying the person's address of
principal residence on the card. This has significant implications for domestic violence victims and
the homeless. We suggest requiring the acceptance of alternate addresses, such as P.O. boxes, in
order to protect the privacy of individuals.
There is also the risk that the Department of Homeland Security guidelines will, under the §202(b)
(9) requirement of "common machine-readable technology," mandate that the states must include
radio frequency identification (RFID) technology in DL/ID. This wireless technology has significant
security risks, including those of surreptitious gathering of personal data by unauthorized
individuals and clandestine tracking of cardholders. EPIC has consistently recommended the use of
contact technology, such as the stripes on the backs of credit cards, in identification documents.
Contact cards are more secure; they do not contain the risk of data theft through wireless
transmission and allow cardholders to have control over who sees their data. See EPIC's RFID
page for more information on the dangers of using RFID in identification documents.
Minimum driver's license and identification card issuance standards, general, §202(c)(1):
"(1) In general. -- To meet the requirements of this section, a State shall require, at a minimum,
presentation and verification of the following information before issuing a driver's license or
identification card to a person:
(A) 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.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account number or verification that the person is not
eligible for a social security account number.
(D) Documentation showing the person's name and address of principal residence."
Minimum driver's license and identification card issuance standards, special requirements §202(c)
(2):
"(2) Special requirements. --
(A) In general. -- To meet the requirements of this section, a State shall comply with the
minimum standards of this paragraph.
(B) Evidence of lawful status. -- A State shall require, before issuing a driver's license or
identification card to a person, valid documentary evidence that the person --
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United
States;
(iii) has conditional permanent resident status in the United States;
(iv) has an approved application for asylum in the United States or has entered into the
United States in refugee status;
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the
United States;
(vi) has a pending application for asylum in the United States;
(vii) has a pending or approved application for temporary protected status in the United
States;
(viii) has approved deferred action status; or
(ix) 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."
Verification of documents, §202(c)(3):
"(3) Verification of documents. -- To meet the requirements of this section, a State shall implement
the following procedures:
(A) Before issuing a driver's license or identification card to a person, the State shall verify, with
the issuing agency, the issuance, validity, and completeness of each document required to
be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document, other than an official passport, to satisfy
a requirement of paragraph (1) or (2).
(C) <<NOTE: Deadline. Memorandum.>> Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary of Homeland Security to
routinely utilize the automated system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a
person, other than a United States citizen, applying for a driver's license or identification
card.
EPIC analysis:
As the DMVs must verify name, date of birth, Social Security number, place of residence and
citizenship status, "with the issuing agency," this creates an incredible bureaucracy. The DMVs
must all have secure access to state and federal databases with this information. These databases
have been found to have inaccurate or incomplete information, which would significantly affect
DL/ID applicants. Imagine the delays, as state DMV workers will be forced to become federal
immigration officers, verifying the citizenship status of applicants. And there is question of whether
citizens or legal permanent residents can find the documentation required. Section 202(c)(3)(B)
forbids the acceptance of "any foreign document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2)." There are also discrimination concerns, as those who look or
sound "foreign" would be targeted. The National Conference of State Legislatures has said, "The
Real ID Act would cause chaos and backlogs in thousands of state offices across the country,
making the nation less secure."
Other requirements, §202(d):
"(d) Other Requirements. -- To meet the requirements of this section, a State shall adopt the
following practices in the issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of identity source documents so that the images
can be retained in electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of 7 years or images of source
documents presented for a minimum of 10 years.
(3) Subject each person applying for a driver's license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a social security account number presented by a
person using the full social security account number. In the event that a social security account
number is already registered to or associated with another person to which any State has issued a
driver's license or identification card, the State shall resolve the discrepancy and take appropriate
action.
(6) 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.
(7) 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.
(8) Subject all persons authorized to manufacture or produce drivers' licenses and identification
card security clearance requirements.
(9) Establish fraudulent document recognition training programs for appropriate employees
engaged in the issuance of drivers' licenses and identification cards.
(10) 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.
(11) In any case in which the State issues a driver's license or identification card that does not
satisfy the requirements of this section, ensure that such license or identification card --
(A) clearly states on its face that it may not be accepted by any Federal agency for federal
identification or any other official purpose; and
(B) uses a unique design or color indicator to alert Federal agency and other law enforcement
personnel that it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to information contained in the motor vehicle
database of the State.
(13) Maintain a State motor vehicle database that contains, at a minimum -
(A) all data fields printed on drivers' licenses and identification cards issued by the State; and
(B) motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on
licenses."
EPIC analysis:
The requirements to maintain paper copies or digital images of these important identity documents
for seven to 10 years, combined with the requirement to "provide electronic access to all other
States to information contained in the motor vehicle database of the State" will make this data a
tempting target for identity thieves. The 50 state (plus the District of Columbia) databases would
become on large database. And one presumes that each DMV would have access to these
databases at the very least to confirm that the applicant does not have a REAL ID license or ID
card in another state. If a criminal could break the security of any one of the tens of thousands of
entrance points, then the criminal would have access to the personal data, including Social
Security numbers, of every single person in the United State with a REAL ID license or ID card. This
would put hundreds of millions of people at risk for identity theft.
The requirement for non-REAL ID-compliant DL/ID to have explicit "invalid for federal purposes"
designations, turns this "voluntary" card into a mandatory national ID card. Anyone with a non-
REAL ID-compliant card would be instantly suspicious. Compliant cards would be necessary for
federal purposes such as entering courthouses, air travel or receiving federal benefits, such as
Medicaid or Social Security. It would be easy for insurance companies, credit card companies, even
video stores, to demand a REAL ID-compliant DL/ID in order to receive services. Significant delay,
complication and possibly harassment or discrimination would fall upon those without a REAL ID
DL/ID.
Source: http://www.epic.org/privacy/id_cards/
Latest News/Events
Maine Lawmakers Refuse to Implement REAL ID Act.
The Maine House and Senate registered nearly unanimous opposition today to the federal REAL
ID Act (pdf), which mandates federal requirements for state driver's licenses and requires state
DMVs to verify identification documents, such as birth certificates. The state legislature passed a
resolution stating that the "Maine State Legislature refuses to implement the REAL ID Act and
thereby protest the treatment by Congress and the President of the states as agents of the federal
government." The resolution also asks Congress to repeal the law. Sen. Daniel Akaka (D-HI) and
Sen. John Sununu (R-NH) introduced legislation on December 8 to repeal REAL ID and replace it
with language that includes strong security and privacy protections. (Jan. 25)
Several States Have Bills Rejecting REAL ID.
State legislatures in Georgia, Massachusetts, Montana, New Mexico and Washington all have
introduced bills rejecting the federal REAL ID Act, which imposes federal requirements on state
driver's licenses and identification cards. Opponents of the REAL ID Act say that the requirements
are too difficult to implement, would be too costly, and would lead to de facto national identification
database and ID card. (Jan. 24)
UK Ditches Plan for Centralized ID Database.
The United Kingdom has pulled the plug on a central National Identity Registry, a national ID
system that would hold personal information and biometric data on UK citizens and visitors.
However, under the national ID system, the UK will still link several existing databases. The UK also
dropped a plan for iris-scanning biometrics. Privacy International led a national campaign against
the Identity Card, aided by research (pdf) from the London School of Economics. However,
concerns remain about the system and expanded government data-sharing. (Dec. 21)
History of National Identification Cards
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. In 1976, the Federal Advisory Committee on False Identification rejected the idea of
an identifier.
In 1977, the Carter Administration reiterated that the SSN was not to become an identifier, and in
1981 the Reagan Administration stated that it was "explicitly opposed" to the creation of a national
ID card. The Clinton administration advocated a “Health Security Card” in 1993 and assured the
public that the card, issued to every American, would have “full protection for privacy and
confidentiality.” Still, the idea was rejected and the health security card was never created. In 1999
Congress repealed a controversial provision in the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 which gave authorization to include Social Security Numbers on driver's
licenses.
In response to the tragic events of Sept. 11, 2001, there has been renewed interest in the creation
of national ID cards. Soon after the attacks, Larry Ellison, head of California-based software
company Oracle Corporation, called for the development of a national identification system and
offered to donate the technology to make this possible. He proposed ID cards with embedded
digitized thumbprints and photographs of all legal residents in the U.S. There was much public
debate about the issue, and Congressional hearings were held. Former House Speaker Newt
Gingrich testified that he "would not institute a national ID card because you do get into civil
liberties issues." When it created the Department of Homeland Security, Congress made clear in
the enabling legislation that the agency could not create a national ID system. In September 2004,
then-DHS Secretary Tom Ridge reiterated, "[t]he legislation that created the Department of
Homeland Security was very specific on the question of a national ID card. They said there will be
no national ID card."
The public continues to debate the issue, and there have been many other proposals for the
creation of a national identification system, some through the standardization of state driver's
licenses. The debate remains in the international spotlight – several nations are considering
implementing such systems. The U.S. Congress has passed the REAL ID Act of 2005, which
mandates federal requirements for driver's licenses. Critics argue that it would make driver's
licenses into de facto national IDs.
The REAL ID Act of 2005
Summary
The REAL ID Act of 2005 creates a de facto national identification card. Ostensibly voluntary, it
would become mandatory as those without the card would face suspicion and increased scrutiny. It
is a law imposing federal technological standards and verification procedures on state driver's
licenses and identification cards, many of which are beyond the current capacity of the federal
government, and mandating state compliance by May 2008. In fact, REAL ID turns state DMV
workers into federal immigration officials, as they must verify the citizenship status of all those who
want a REAL ID-approved state driver's license or identification cards. State DMVs would far move
away from their core mission -- to license drivers.
REAL ID was appended to a bill providing tsunami relief and military appropriations, and passed
with little debate and no hearings. The REAL ID Act repealed provisions in the Intelligence Reform
and Terrorism Prevention Act of 2004, which contained "carefully crafted language -- bipartisan
language -- to establish standards for States issuing driver's licenses," according to Sen. Richard
Durbin. The states await the issuance of guidelines on how to meet these standards; the
Department of Homeland Security has yet to issue them though the compliance date remains May
2008.
The National Conference of State Legislatures estimates (pdf) that that the cost to the states will be
more than $11 billion over five years. This is more than 100 times the $100 million cost that
Congress initially estimated. For 2006, $40 million was allocated for start-up costs. No more
funding has been allocated, and it is likely that the cost will be shouldered by the public.
How will the REAL ID Act affect state driver's licenses and identification cards (DL/ID)?
If the Department of Homeland Security Secretary doesn't grant a state an extension to meet the
certification requirements, then by May 11, 2008 (three years after passage of the REAL ID Act),
states must meet the following standards to be accepted for federal use (entrance into a
courthouse, onto a plane; receiving federal benefits, such as Social Security or Medicare). The
Department of Homeland Security has yet to issue the guidelines explaining how the states can
meet these standards. The EPIC analysis of the potential privacy implications follows the
enumeration of the each set of standards.
Minimum document requirements, §202(b):
"To meet the requirements of this section, a State shall include, at a minimum, the following
information and features on each driver's license and identification card issued to a person by the
State:
(1) The person's full legal name.
(2) The person's date of birth.
(3) The person's gender.
(4) The person's driver's license or identification card number.
(5) A digital photograph of the person.
(6) The person's address of principle residence.
(7) The person's signature.
(8) Physical security features designed to prevent tampering, counterfeiting, or duplication of
the document for fraudulent purposes.
(9) A common machine-readable technology, with defined minimum data elements."
EPIC analysis:
We strongly advise deleting the §202(b)(6) requirement of displaying the person's address of
principal residence on the card. This has significant implications for domestic violence victims and
the homeless. We suggest requiring the acceptance of alternate addresses, such as P.O. boxes, in
order to protect the privacy of individuals.
There is also the risk that the Department of Homeland Security guidelines will, under the §202(b)
(9) requirement of "common machine-readable technology," mandate that the states must include
radio frequency identification (RFID) technology in DL/ID. This wireless technology has significant
security risks, including those of surreptitious gathering of personal data by unauthorized
individuals and clandestine tracking of cardholders. EPIC has consistently recommended the use of
contact technology, such as the stripes on the backs of credit cards, in identification documents.
Contact cards are more secure; they do not contain the risk of data theft through wireless
transmission and allow cardholders to have control over who sees their data. See EPIC's RFID
page for more information on the dangers of using RFID in identification documents.
Minimum driver's license and identification card issuance standards, general, §202(c)(1):
"(1) In general. -- To meet the requirements of this section, a State shall require, at a minimum,
presentation and verification of the following information before issuing a driver's license or
identification card to a person:
(A) 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.
(B) Documentation showing the person's date of birth.
(C) Proof of the person's social security account number or verification that the person is not
eligible for a social security account number.
(D) Documentation showing the person's name and address of principal residence."
Minimum driver's license and identification card issuance standards, special requirements §202(c)
(2):
"(2) Special requirements. --
(A) In general. -- To meet the requirements of this section, a State shall comply with the
minimum standards of this paragraph.
(B) Evidence of lawful status. -- A State shall require, before issuing a driver's license or
identification card to a person, valid documentary evidence that the person --
(i) is a citizen or national of the United States;
(ii) is an alien lawfully admitted for permanent or temporary residence in the United
States;
(iii) has conditional permanent resident status in the United States;
(iv) has an approved application for asylum in the United States or has entered into the
United States in refugee status;
(v) has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the
United States;
(vi) has a pending application for asylum in the United States;
(vii) has a pending or approved application for temporary protected status in the United
States;
(viii) has approved deferred action status; or
(ix) 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."
Verification of documents, §202(c)(3):
"(3) Verification of documents. -- To meet the requirements of this section, a State shall implement
the following procedures:
(A) Before issuing a driver's license or identification card to a person, the State shall verify, with
the issuing agency, the issuance, validity, and completeness of each document required to
be presented by the person under paragraph (1) or (2).
(B) The State shall not accept any foreign document, other than an official passport, to satisfy
a requirement of paragraph (1) or (2).
(C) <<NOTE: Deadline. Memorandum.>> Not later than September 11, 2005, the State shall
enter into a memorandum of understanding with the Secretary of Homeland Security to
routinely utilize the automated system known as Systematic Alien Verification for
Entitlements, as provided for by section 404 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (110 Stat. 3009-664), to verify the legal presence status of a
person, other than a United States citizen, applying for a driver's license or identification
card.
EPIC analysis:
As the DMVs must verify name, date of birth, Social Security number, place of residence and
citizenship status, "with the issuing agency," this creates an incredible bureaucracy. The DMVs
must all have secure access to state and federal databases with this information. These databases
have been found to have inaccurate or incomplete information, which would significantly affect
DL/ID applicants. Imagine the delays, as state DMV workers will be forced to become federal
immigration officers, verifying the citizenship status of applicants. And there is question of whether
citizens or legal permanent residents can find the documentation required. Section 202(c)(3)(B)
forbids the acceptance of "any foreign document, other than an official passport, to satisfy a
requirement of paragraph (1) or (2)." There are also discrimination concerns, as those who look or
sound "foreign" would be targeted. The National Conference of State Legislatures has said, "The
Real ID Act would cause chaos and backlogs in thousands of state offices across the country,
making the nation less secure."
Other requirements, §202(d):
"(d) Other Requirements. -- To meet the requirements of this section, a State shall adopt the
following practices in the issuance of drivers' licenses and identification cards:
(1) Employ technology to capture digital images of identity source documents so that the images
can be retained in electronic storage in a transferable format.
(2) Retain paper copies of source documents for a minimum of 7 years or images of source
documents presented for a minimum of 10 years.
(3) Subject each person applying for a driver's license or identification card to mandatory facial
image capture.
(4) Establish an effective procedure to confirm or verify a renewing applicant's information.
(5) Confirm with the Social Security Administration a social security account number presented by a
person using the full social security account number. In the event that a social security account
number is already registered to or associated with another person to which any State has issued a
driver's license or identification card, the State shall resolve the discrepancy and take appropriate
action.
(6) 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.
(7) 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.
(8) Subject all persons authorized to manufacture or produce drivers' licenses and identification
card security clearance requirements.
(9) Establish fraudulent document recognition training programs for appropriate employees
engaged in the issuance of drivers' licenses and identification cards.
(10) 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.
(11) In any case in which the State issues a driver's license or identification card that does not
satisfy the requirements of this section, ensure that such license or identification card --
(A) clearly states on its face that it may not be accepted by any Federal agency for federal
identification or any other official purpose; and
(B) uses a unique design or color indicator to alert Federal agency and other law enforcement
personnel that it may not be accepted for any such purpose.
(12) Provide electronic access to all other States to information contained in the motor vehicle
database of the State.
(13) Maintain a State motor vehicle database that contains, at a minimum -
(A) all data fields printed on drivers' licenses and identification cards issued by the State; and
(B) motor vehicle drivers' histories, including motor vehicle violations, suspensions, and points on
licenses."
EPIC analysis:
The requirements to maintain paper copies or digital images of these important identity documents
for seven to 10 years, combined with the requirement to "provide electronic access to all other
States to information contained in the motor vehicle database of the State" will make this data a
tempting target for identity thieves. The 50 state (plus the District of Columbia) databases would
become on large database. And one presumes that each DMV would have access to these
databases at the very least to confirm that the applicant does not have a REAL ID license or ID
card in another state. If a criminal could break the security of any one of the tens of thousands of
entrance points, then the criminal would have access to the personal data, including Social
Security numbers, of every single person in the United State with a REAL ID license or ID card. This
would put hundreds of millions of people at risk for identity theft.
The requirement for non-REAL ID-compliant DL/ID to have explicit "invalid for federal purposes"
designations, turns this "voluntary" card into a mandatory national ID card. Anyone with a non-
REAL ID-compliant card would be instantly suspicious. Compliant cards would be necessary for
federal purposes such as entering courthouses, air travel or receiving federal benefits, such as
Medicaid or Social Security. It would be easy for insurance companies, credit card companies, even
video stores, to demand a REAL ID-compliant DL/ID in order to receive services. Significant delay,
complication and possibly harassment or discrimination would fall upon those without a REAL ID
DL/ID.