Archive for the ‘Real ID Act’ Category

c/o Orwell’s Dreams

Proponents of the 10th Amendment to the U.S. Constitution have been starting to rise up en masse to remind the national government of its proper constitutional role under the principles of federalism. This loose network of activists, widely referred to as the state sovereignty movement or Tenth Amendment movement, were given the derisive nickname “tenthers” by detractors, but in a witty reversal, they gladly adopted the label. The Tenth Amendment Center, the major hub online for state sovereignty activism, has even renamed its blog, “the tenther grapevine.”

Typically, the response by some of the biggest names in the news media has been to actively disparage anyone who strictly adheres to the original understanding of the U.S. Constitution. David Shuster of MSNBC proclaimed that most “people in their right-thinking mind know that the Tenth Amendment is a bunch of baloney.”

The Chief Illustration of Nullification in Action

The REAL ID Act: REAL ID was passed by a Republican Congress and signed into law by then-President George W. Bush in 2005, and the resistance to it illustrates a likely scenario for state nullification. More than two dozen states have passed laws or resolutions denouncing the act or refusing to comply with it. Have the feds responded by sending in federal agents with their guns blazing? Absolutely not! Instead, the feds were all too quick to chicken out and postpone enactment of the law.

Michael Boldin, founder of the influential Tenth Amendment Center, writes, “Another indicator of victory for state-level nullification — the 2005 Real ID act was originally to be implemented in early 2008, and today, it’s still in limbo. Going on 2 years later, with more than two dozen states passing laws and resolutions denouncing or flat-out refusing to comply — and D.C. has no choice but to continue backing off…. Why? With such massive resistance among the states, the Feds just have no way to enforce it.”

REAL ID seems to have just been the start. As the nullification cat is out of the bag, states all across the nation are attempting to nullify federal laws covering such disparate topics as healthcare and firearms.

COLUMBIA, S.C. — With tax collections tanking and jobless rates at record highs, state legislators hundreds of miles from Washington have found an easy way to appeal to conservative voters: Bash the federal government.

Lawmakers in 44 states have introduced measures warning Congress not to trample states’ rights and dozens of other resolutions opposing the government on issues including gun control and health care.
Their efforts play to people angry with the status quo. A recent Pew Research Center poll found high anti-incumbent sentiment among voters ahead of the November congressional elections.

“The closer you are to elections, you see legislators with more backbone,” said Michael Boldin of the California-based Tenth Amendment Center, a nonpartisan think tank named for the constitutional amendment that specifies any power not granted to the federal government is reserved for the states. “I’m sure there’s a lot of grandstanding.”

No states are likely to secede from the union, but they could derail or delay federal legislation the way they have by balking at a national identification program billed as a way to fight terrorism and identity theft. Most states still aren’t complying with the Real ID law passed in 2005.

In conservative South Carolina, Republican House Majority Leader Kenny Bingham said his caucus made standing up to the federal government a top priority this year.

“I hear it at church, at the barber shop: ‘You guys need to stand up.’ The issue of federal intrusion is a John Doe issue,” he said. “This is a yes-point for us. They’re mad. They’re upset. They expect us to respond.”

That response included passing a resolution to assert the state’s rights under several constitutional amendments. It says South Carolina’s attorney general will sue if Congress passes mandates the state deems unconstitutional, and that no state agency will follow them while a decision is pending.

“To say public reaction and being vocal doesn’t have any influence is ludicrous,” Bingham said. “That’s how you enact change in a civilized society.” :::MORE HERE:::

Read more at the Washington Examiner:

Big brother could be keeping a closer eye on you
c/o ArgueWithEveryone forum

OKLAHOMA CITY — An Oklahoma lawmaker is calling a piece of legislation under consideration in the U.S. Congress a “big brother, big government bill.” The Pass I.D. Act calls for standardizing driver’s licenses across the country, but State Representative Paul Wesselhoft says the bill is an invasion of privacy.

“I think it’s big brother at its worst. I know the motive behind it is to curb illegal immigration and other security issues but I think it’s a violation of our 4th Amendment,” says Rep. Wesselhoft (R-Moore).

Representative Wesselhoft believes the Pass I.D. Act could give the government unprecedented access to your personal information through your driver’s license.

The republican claims there’s a provision in the bill that calls for ID’s like licenses to carry radio frequency identification chips.

“They could embed that with a chip, they can track you and find out not only where you are, but who you are,” says Rep. Wesselhoft.

The U.S. Senator from Hawaii who is sponsoring the act says that’s just not the case.

We contacted Senator Daniel Akaka’s office; his staff told us the bill implements the 9/11 commissions requirements for driver’s license security.

In a written statement, the senator’s office says: “Neither REAL ID nor PASS ID call for computer chips of any sort. As recommended by the 9/11 commission, the existing REAL ID regulations require IDs to contain machine readable barcodes much like you would find at the supermarket. Police officers can scan the barcodes to easily verify the information printed on the front of the ID and detect fake IDs. Many states have been using the barcodes for years.”

Despite what the congressman’s office told us, Representative Wesselhoft says there is language in the bill that could allow for computer chips in driver’s licenses.

However, he does admit he has not read the bill in its entirety.

The representative is now proposing a new bill aimed at protecting Oklahoma driver’s licenses from government intrusion by preemptively disallowing state and local governments from tracking a persons location or obtaining personal information from an individuals driver’s license.

BTC- Here’s my analysis on Nevada and Florida sitting around patting each other on the back for being chip-eaters. The federal government owns 90% of the land in Nevada. Florida has *no policy* to defend anyone’s Bill of Rights or even human rights, for that matter. Utah… god bless poor old, Utah… they just think they’re obeying the law.

I think the sum total of states escalated in a few months (starting from defiant non-compliance) went from 24 to a materially non-compliant total of 46 states by the Dec. 31st deadline. 3 states dumb enough to tax their people for this helps AAMVA cut their loses, along with the tech vendors. It’s just sad. Sad to see people liquidate or lose their…privacy and identity rights.

PORT ST. LUCIE — The lack of a middle name typed onto his birth certificate decades ago kept a Port St. Lucie doctor from getting his driver’s license renewed under the new federal rules.

Before going to the state Division of Motor Vehicle office to renew his license last week, Jordan Bromberg gathered all the paperwork now required under the stringent Real ID rules that have been in place since the start of the year.

For his primary forms of identifications he brought his U.S. passport and the Social Security card he’s had since he was 12.

Bromberg, 52, figured he’d be in and out of the state’s Port St. Lucie office quickly with a state issued Real ID.

Since the start of the year, Florida, following federal guidelines, has required more backup documentation to get a license, renew the license or change one’s name or address on the ID card. The change was part of the federal “Real ID” Act of 2005, designed to combat terrorism and fraud by toughening ID paperwork nationwide.

Instead, because Bromberg’s name didn’t match on his primary documents, his renewal application was rejected.

Both documents had Jordan Bromberg, his first and last name. His passport includes his middle name, his Social Security Card did not.

After several days making calls with the state Division of Highway and Safety, including getting assistance from the office of state Rep. Adam Fetterman, D-Port St. Lucie, Bromberg has been told he will be able to get the renewal completed. But it’s been “frustrating” and time consuming, he said.

“I went to the computer, followed everything line by line, I had every single piece of documentation that you needed,” Bromberg said. “But it was simply because whoever did my Social Security card 40 years ago didn’t type my middle name on it.”

More than 50,000 Florida Real IDs were issued in the first week in January, which is about half the number normally issued in that time period.

David Westberry, communications director with the Department of Highway Safety and Motor Vehicles, said it’s unknown if the drop off is because of people taking the time to gather the needed paperwork. But he said there has been a learning curve in the motor vehicle offices as they work to handle each unique circumstance, while at the same time trying not to water down the rules.

“The last thing we want to do is take a system that is designed to be very secure and start making exceptions to the point where it no longer has the validity that it needs to have,” Westberry said.

Tax collectors in Indian River and Martin counties, whose offices issue driver’s licenses, knew there would be problems with the new rules. But they mostly expected them to be with women who have changed their last names to reflect marriages or divorces.

Still, they said the process has moved smoothly.

“We do what we have to do to get them renewed,” said Martin County Tax Collector Ruth Pietruszewski. “That has a such a huge impact on someone’s life if they can’t get their driver’s license.”

Compliance with Real ID will eventually be necessary to board a commercial airliner or enter a federal building.

Florida is one of the first states to enact the new law.

By Dec. 1, 2014, all drivers ages 50 and younger must have the Real ID. Those older than 50 can wait until Dec. 1, 2017 to comply.

Indian River County Tax Collector Carole Jean Jordan said the rules may become even tighter following the failed attempt by a 23-year-old suspect from Nigeria to blow up a transatlantic Northwest Airlines flight prepared to land in Detroit in December.

“I think that’s moved off the front pages because of the horrible situation in Haiti, but I think you’ll see other states having to comply,” Jordan said. “And good for Florida for complying, because you can go in a federal building or you can board an airplane with a Florida driver’s license, and once this is implemented nationally your license will be good for that while other states won’t.”

[Editor’s Note: Poor Floridians. This guy didn’t get the memo that nothing happens to states who don’t comply. Someone should do something. Other states live normally. They board flights. They get on with their lives. They visit federal buildings – if so, with other documents other than a national ID card. This man was duped. He’s completely ignorant of how dead this Real ID law is.]

  • Examples of primary identification:
  • Certified U.S. birth certificate, including territories and District of Columbia
  • Valid U.S. passport or passport card
  • Consular report of birth abroad
  • Certificate of naturalization, Form N-550 or Form N-570
  • Certificate of citizenship, Form N-560 or Form N-561
  • Examples of Social Security number:
  • Social Security card
  • W-2 form
  • Paycheck
  • Examples of residency proof: Deed, mortgage, monthly mortgage statement, mortgage payment booklet and/or
  1. Residential rental/lease agreement
  2. Utility bills, not more than 2 months old
  3. Florida voter registration card
  4. Florida vehicle registration or title
  5. A note from a parent, step-parent or legal guardian of an applicant who resides at the same address
  6. A letter from a homeless shelter, transitional service provider, or a half-way house verifying that the customer resides at the shelter address
  7. Transients — Sexual Offender/Predator/Career Offender: — FDLE Registration form completed by local sheriff’s office

To navigate the changes, visit or call (850) 617-3995.


Nullification has a long and rich history, beginning in 1798 with resolutions in Virginia and Kentucky passed to protest the original Alien and Sedition Acts, according to the Tenth Amendment Center. Arguably, States have taken effective nullification action as recently as this decade, when multiple States passed their own legislation expressly forbidding their respective Divisions of Motor Vehicles (DMV) to upgrade drivers’ licenses in accordance with the REAL-ID Act of 2005. In response, the Obama administration recently announced that it would quietly drop the Act. In addition, thirteen States have passed legislation allowing State residents to use marijuana (Cannabis sativa) for medicinal purposes. (Tetrahydrocannabinol, the active ingredient in marijuana, is a powerful antiemetic that, some say, can greatly alleviate the nausea that plagues patients who undergo chemotherapy in the treatment of cancer.) :::MORE HERE:::

By Jill R. Aitoro 12/18/09 04:26 pm ET
c/o NextGov

After months of speculation, the Homeland Security Department officially moved back the compliance deadline for Real ID, which requires states to issue licenses that meet federal security standards.

In a statement released on Friday afternoon, Deputy Press Secretary Matt Chandler said, “In order to ensure that the millions of Americans traveling this holiday season are not disrupted,” DHS would extend the required Dec. 31 Real ID material compliance deadline, which required states to meet 18 interim benchmarks that support the regulation. The criteria include improvements in driver’s license and ID card physical security, authentication of source identity documents and protections of applicant’s biographical data.

The May 10, 2011, deadline for full compliance remains in effect, Chandler said, adding that “Congress must act to address systemic problems with the Real ID Act to advance our security interests over the long term.”

The extension comes after 46 of 56 states and territories informed DHS that they will not be able to meet the Dec. 31 deadline.

DHS Secretary Janet Napolitano has made no secret of her objections to Real ID, supporting instead efforts to enact PASS ID, which would require states to issue driver’s licenses that are compliant with federal security standards by 2016 and create a $150 million grant program to help states digitize birth records. Last week, the department announced $48 million in grants for states “to help prevent terrorism, reduce fraud, and improve the reliability and accuracy of personal identification documents,” Chandler said.

2010 Security Predictions

c/o The Industry Standard

The FBI issues tens of thousands of security letters to get records on individuals without warrants. Congress investigates and is appalled at the FBI’s “underreporting”. The FBI promises to do better (see 2009, and 2008 and 2007….). The 4th amendment continues to erode into meaninglessness.

* Real ID dies a deserved death and is abandoned in 2010. The brain dead idea of better-security-via-universal-ID unfortunately persists despite the enormous number of identity theft victims created by over-reliance on SSN.

* The Transportation Security Administration stops wasting billions of dollars in traveller delays by confiscating water bottles and removing shoes. Instead it focuses on real threats based on rational risk assessment, not security theater based on movie-plots (hat-tip Bruce Schneier). OK, unlikely, but I can dream, can’t I?

As always, I will revisit these at the end of the year and provide a critical analysis of my success rate.

Happy New Year everyone, and thank you for reading!

ALSO: Health privacy undermined: Worst breaches of 2009

c/o Sierra Club’s Borderlands Team

The San Pedro Riparian National Conservation Area in Arizona was the next to feel the brunt of the Real ID Act’s destructive power. When the Sierra Club and Defenders of Wildlife challenged the construction of the border wall across this World Heritage site and home of Arizona’s last free-flowing river, a federal court agreed that the Department of Homeland Security had ignored the requirements of the National Environmental Policy Act, and handed down an injunction temporarily halting construction. Rather than comply with the law, DHS Secretary Chertoff waived it, once again suspending the laws that were the basis of a successful suit, along with 18 others. Within days of the waiver, DHS restarted construction.

Apparently hoping to head off further court challenges to the border wall, in April 2008 DHS Secretary Chertoff issued two waivers. One waived 27 federal laws to allow for the insertion of border walls into the existing flood control levees in Hidalgo County, Texas. The second waiver covered every other section of border wall scheduled for construction from the Pacific to the Gulf of Mexico. This border-wide mega-waiver suspended 36 federal laws. Along with the environmental laws set aside in earlier waivers, Chertoff waived the Farmland Protection Policy Act, the National Historic Preservation Act, the Religious Freedom Restoration Act, the Native American Graves Protection and Repatriation Act, and a host of others, along with all state and local laws related to the subjects of the waived federal laws.

BTC – AAMVA or the American Association of Motor Vehicle Administrators published every state’s progress for benchmarks and compliance.

If you are currently unsure of what your state is doing regarding material compliance with the Real ID act or the PASS ID Act coming up for congressional revision; you might want to search this document for your state’s DMV or driver’s license division.
The very first benchmark is something privacy and identity advocates will pay special attention to among others…

1 § 37.11(a) Subject each applicant to a mandatory facial image capture and retain such image even if a driver license (DL) or

identification card (ID) is not issued

[DEADLINE =] 3/2010 DMV’s new software system will integrate this requirement. Work flow of DL/ID transaction being reconfigured. Work stations will now include cameras to capture digital photos of all DL/ID applicants

“We are not doing anything about it at this time, at the airline level. Here’s why: at this stage it is a “head-butting” contest between TSA, Homeland Security, and Congress, which passed the law. ”

Tim Smith for American Airlines


Year end travelling due to Holiday connections have piqued concerns of those confronted with requests for ID by the TSA . It may be no accident that Real ID’s year end deadline begs the focus of those otherwise concerned with other issues like National Healthcare and Climate Change and those flying out on the holiday red eye.

BBS Forums like this one are free form vents for those with privacy and travel concerns who understand more than one would ever think.
Albuquerque travel journalist, Neala Schwartzberg turns her attention on the demands of some of those who supply travel the most this year. It’s turns out, once again, Real ID and what may even be PASS ID won’t make the logistical cut for travellers.

What are the airlines doing about travellers on domestic flights.
By Neala Schwartzberg

Background: Pushed through Congress in 2005 as a tagged-on program to a more crucial bill, Real ID sought to make driver’s licenses a more secure form of identification.

Problem was, no one likes the Real ID program. Not even Janet Napolitano, Secretary of Homeland Security. It is expensive, invasive, and stepped all over states rights issues.

However, if a state didn’t conform to the requirements spelled out in the bill, residents would not be allowed to fly on domestic flights operated by commercial airlines.

A compromise called Pass ID was created instead. However, in the midst of all the other chaos in government, Congress has shown little interest in pushing that bill through. In the meantime, the states, one by one, have made their licenses more and more secure in keeping with the spirit of the law.

Currently there are over 30 states that have not agreed to Real ID and are therefore out of compliance. On January 1st, unless an extension is granted by DHS (and it appears they WILL issue that extension), residents of those states have IDs that are not acceptable under the Real ID act and will not be able to use their driver’s licenses for identification for domestic flights.

Strangely, the airlines have said nothing at all about this issue. So, I contacted American Airlines and Southwest Airlines, two carriers with a significant presence in Albuquerque and Texas which also cover much of the United States.

Here’s what American Airlines spokesperson Tim Smith said:

We are not doing anything about it at this time, at the airline level. Here’s why: at this stage it is a “head-butting” contest between TSA, Homeland Security, and Congress, which passed the law.

Well, that effectively removes the airlines from the playing field.

He continues: “With more than half the states in America unable to comply with the [Real ID] law at this time, we believe that this issue will have to be worked out among those parties in some fashion. We suspect none of them is prepared to turn away tens of thousands of travelers on January 1.”

Stranded travelers? This had the potential to be a world-class headache for the airlines, and I wondered why American Airlines wasn’t more concerned.

Then I spoke with Southwest Airlines spokesperson Brandy King and realized why. “If there is no extension, customers will still be allowed to travel,” said King.

How could this be? She explained. “If you lost your driver’s license and had to take a flight you would still be allowed to travel, but you are subject to extra screening.”

It does make sense. Stolen wallets and misplaced important papers happen. And when it does, people call the airlines in a panic. Notes King, “We are asked this all the time if they are in the middle of trip and lost their ID or right before departure.”

So, for the airlines, this may not be anything really new, although the scale would surely be unprecedented.