http://www.aclu.org/safefree/general...s20070301.html

ACLU Slams Draft DHS Regulations on Real ID, Says Delay Fails to Address Privacy and Civil Liberties Concerns (3/1/2007)

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http://cdt.org/

DHS Issues REAL ID Regulations; CDT Urges Repeal of Law

The Department of Homeland Security has issued proposed regulations implementing the REAL ID Act, which would require states to adopt tighter standards and create a networked system for driver's license issuance. Given the Act's fundamental flaws, CDT has joined other civil liberties groups in supporting legislation introduced in recent days in the House and Senate to repeal the hastily-enacted 2005 law and return to the driver's license reform process begun by the previous Congress. CDT is especially concerned that the Act would result in the creation of a linked network of government databases of personal information, without standards or limits on access and use. March 01, 2007

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http://epic.org/

After Long Delay, Homeland Security Department Issues Regulations for Flawed National ID Plan
More than two years after Congress rushed through passage of the REAL ID Act (pdf), the Department of Homeland Security announced today proposed regulations (pdf) that would turn the state driver's license into a national identity card. The estimated cost of the plan exceeds $11 billion and the national ID system will increase security risks (pdf) as well as the threats to personal privacy. Proposals to repeal Real ID have been adopted in the states and introduced in Congress. For more information, see EPIC's National ID Cards and REAL ID Act page. (Mar. 1)

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Folks, S. 717 is Sen. Akaka's proposal for repealing the RealID Act's worst details (look it up on Thomas).

If you have never before in your life written to your Representative or Senators to support a bill, now is the time to do so!

Go here: http://www.theorator.com/senate.html or here: http://www.theorator.com/government/house.html - and either call or FAX in support of this bill! Pete

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

I just got an "Action Alert from EFF about the very same thing:

"* Action Alert - Repeal the REAL ID Act!

The federal government took another step last week towards
forcing you to carry a national ID in order to get on
airplanes, open a bank account, enter federal buildings,
and much more. But with state legislatures and
Congressional representatives increasingly turning against
the REAL ID Act, you can help stop this costly, privacy-
invasive mandate -- voice your opposition now:
http://action.eff.org/site/Advocacy?id=275

On Thursday, the Department of Homeland Security (DHS)
released draft regulations for implementing REAL ID, which
makes states standardize drivers' licenses and create a
vast national database linking all of the ID records
together. Once in place, uses of the IDs and database will
inevitably expand to facilitate a wide range of tracking
and surveillance activities. Remember, the Social Security
number started innocuously enough, but it has become a
prerequisite for a host of government services and has been
co-opted by private companies to create massive databases
of personal information.

REAL ID won't just cost you your privacy. The states and
individual taxpayers bear the estimated 23 billion dollar
burden of implementing the law, and that figure is probably
low given that the necessary verification systems don't
exist yet.

And what will you get in return? Not improved national
security, because IDs do little to stop those who haven't
already been identified as threats, and wrongdoers will
still be able to create fake documents.

REAL ID is fundamentally flawed, and DHS' proposed
regulations do nothing to change that. Thankfully, the tide
is turning against REAL ID in a big way -- state
legislatures around the country are passing or considering
legislation rejecting its implementation, and Congress is
considering repealing it.

The DHS regulations mean that states must have an
implementation plan ready by October 2007. Make sure your
Congressional representatives support the repeal of REAL ID
before it's too late:
http://action.eff.org/site/Advocacy?id=275

Read the San Jose Mercury News' editorial, "Time to drop
expensive, unrealistic ID plan":
http://www.mercurynews.com/mld/mercu...n/16843010.htm

For more information about the REAL ID Act:
http://www.eff.org/Privacy/ID/RealID/

...............

There's really not much more any thinking individual NEEDS to know about to do something about the REALId issue - the .pdf of the bill itself and the EFF, CDT & ACLU literature cover the ramifications of this thing from all angles.

There is already legislation proposed to fix this: support it!

I firmly recommend using the EFF "Advocacy" link above (as well as FAX'ing and calling your Reps about the issue). Pete

How to add a "Comment" to proposed "Regulations" or "Rules" by various government agencies

Let's go ahead and use the "REALId" proposed regulations for this example, since the "Comment" period is still open for that.

To begin with, it's important for you to know (if you want your voice heard on a particular issue, anyway) that proposed "regulations" by any government agency are normally done with a "Comment period" included, to get feedback not just from business' or other agencies, but from the public itself.

Finding out about a proposed regulation that could seriously impact your freedom or privacy in some respect is NOT always an easy thing to do.

Proposed "Regulations" or "Rules" can be found in the Federal Register ( http://www.gpoaccess.gov/fr/index.html ) - they get announced there first, generally. You could constantly keep an eye on that for new stuff, but I've found it easier to rely on the various "privacy" and "freedom"-related organizations to tip me off when I need to respond.
In the case of "REAL ID", I found out about the "Comment" period from C.D.T ( http://cdt.org/headlines/975 ), followed the link from that page ( "Draft Proposed Regulations" ) and by page 2 of that, it was telling me about the "Comment" period:

"DATES: Submit comments by [Insert date 60 days after date of publication in the Federal Register].

ADDRESSES: You may submit comments, identified by the DHS docket number DHS-2006-0030 that corresponds to this rulemaking, using any one of the following methods:

1. Federal Rulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.

1. Fax: 866-466-5370.

1. Mail: Paper, disk or CD-ROM submissions can be mailed to the Department of Homeland Security, Attn: NAC 1-12037, Washington, D.C. 20528."

(I bolded & underlined the "docket no." because we're fixing to need that very shortly).

So we click on the regulations.gov link above; click in the radio button in front of "Documents Open for Public Comment" to select it; click on the context menu to the right of "Document Type" and then select "Dept. Of Homeland Security*" and either type - exactly - the DHS-2006-0030 into the "Keyword or ID" field, or c&p it into there and then click "Submit".

On the page that comes up, slide your cursor all the way over to the little yellow balloon on the right and click on it (your tool tip thing should tell you "Add Comment" when you hover over the balloon).

This brings you - finally - to the "Comment Form" page. You type in ALL required information (down to "Submitter's Representative, generally, if you're a private citizen making a comment) and then - Glory be! - you get to type in your comment. Do so, being as cool and level-headed as possible. Add an attachment with your comment in a Word .doc - it looks and reads better.

Then click on "Next Step" at the bottom of that page.

Check all your info on the page that comes up for correctness, including your comment itself. Make sure the attachment (if you included one) is still there. If you need to "Edit" something, do so with the "Edit" button.

If not, click on "Submit". Write down your "Comment tracking Number" ! And/or use the "Print" link on that page! Click on "Close and go back".

Don't be concerned if your comment doesn't show up instantaneously after you successfully complete it - it won't. It'll show up in their own sweet time - but it will show up. FI, my comment number for this example will be DHS-2006-0030-0018. To make matters easier, you can now bookmark the Comments page for any particular "rule" to make it easier to return to and keep up with - you can also choose to have notifications emailed to you when anyone posts a comment on that particular issue.

Now - you want to see what everyone else has been saying? Good! Click on the "Document ID" number (in this case, DHS-2006-0030) and - WAL-LA! - you can start reading others' comments by clicking on either the "PDF" or "HTML" icons in the far-right column.

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

States from Maine to Montana are in revolt against Congress’s REAL ID scheme. By adding your voice today, you can help us prevent this ‘Real Nightmare’ from becoming a reality.

The REAL ID Act requires every American to have a standardized driver’s license -- a de facto national ID -- to fly on commercial airlines or enter government buildings. It also requires driver’s licenses to have a “machine readable component,” that will be read everywhere, from retailers to airports.

This component -- combined with state databases of drivers’ information -- will create one-stop shopping for identity thieves. More importantly, it will invade people’s privacy by allowing easy tracking and monitoring of ordinary, law-abiding Americans.

Last month, the Department of Homeland Security (DHS) proposed regulations to implement REAL ID. As required by law, the department is now accepting public comments on these proposed regulations.

Take Action: Submit your own comments telling the Department of Homeland Security and Congress that REAL ID is a 'Real Nightmare.'

( http://action.aclu.org/site/R?i=ydHjD9QLYzT190_OqHi0mg.. )

Anyone in America has the right to submit comments to the government on this proposal. The government hasn’t made submitting comments easy, but that just makes your comments more valuable. And we’ve made it much easier to submit comments than it normally is, with a step-by-step guide and talking points.

The number of comments will be watched by many influential Members of Congress, not just your own. So today you really have a chance to make a difference on the national stage. The extra impact is definitely worth the extra effort!

Take Action: Your comments to the Department of Homeland Security will make a huge difference in this debate.

( http://action.aclu.org/site/R?i=ydHjD9QLYzT190_OqHi0mg.. )

REAL ID creates enormous administrative burdens for state governments, and it’s a massive unfunded mandate that will cost state taxpayers tens of billions of dollars. The law forces state governments to remake their driver’s licenses, restructure their computer databases and create an extensive new document storage system.

Five states have already said ‘no’ to Real ID, making the program pointless. More states are expected to follow suit. We hope this activity, combined with your comments today, will convince Congress to rethink this ill conceived law.

Submit Comments: Tell DHS and Congress that Americans reject REAL ID.

( http://action.aclu.org/site/R?i=ydHjD9QLYzT190_OqHi0mg.. )

Congress needs to go back to the drawing board and fix Real ID. Many influential members of Congress will be paying close attention to the number of comments submitted by the public on REAL ID. By submitting your comments today, you will make it clear to DHS and Congress that Americans oppose this costly, intrusive and unworkable program.

Tell DHS and Congress that Americans reject REAL ID.

Thank you for your extra effort today, it really does make a difference. I look forward to writing you to say, “this ‘Real Nightmare’ for Americans is over.”

Sincerely,

Caroline Fredrickson
Director
ACLU Washington Legislative Office

P.S. For more information on the ACLU's efforts to defeat REAL ID, go to:
http://www.realnightmare.org

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It might interest you to know that only 64 "comments have been received on this crucial proposal (and this is an issue that's going to effect every single American citizen from now on if it goes through as-written!).

If you haven't submitted a comment - regardless of your stance - would you please take the time to do so?

Thanks. Pete

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

http://www.aclu.org/safefree/general...s20070417.html

Governor Signs Nation's First Statutory Rejection Of Act

WASHINGTON - The American Civil Liberties Union today applauded the Montana legislature and Governor Brian Schweitzer for enacting the nation's first flat-out statutory rejection of the Real ID Act, which seeks to create a backdoor national identity card system by federalizing state driver's licenses. Montana's action was the latest and strongest step in an ongoing rebellion against the act in states across the nation.

"In January, the state of Maine held a 'Boston Tea Party' when they became the first to declare their opposition to Real ID by passing a resolution," said Tim Sparapani, an ACLU Legislative Counsel. "Today Montana has taken that rebellion to an entirely new level by issuing what amounts to a 'Declaration of Independence' from the act."

The Montana law declares that the state "will not participate in the implementation" of Real ID, bans the state's Motor Vehicle Division from implementing it, and directs the agency to report to the governor any attempts by the Department of Homeland Security (DHS) to "secure the implementation" of the act.

"Governor Schweitzer and Montana have taken a bold and admirable step by rejecting this misguided law," said Scott Crichton, Executive Director of the ACLU of Montana. "In the face of supposed threats that our citizens' right to travel would be curbed, we stand firm and declare loudly that this legislation is not good for the people of our state and we refuse to participate in it. I am very proud of our state and the legislators who reached across the partisan divide to pass this bill without one dissenting voice."

The Montana legislation is a decisive escalation of a growing state rebellion against Real ID:

* Maine and Idaho have both passed resolutions rejecting participation in Real ID, and Arkansas recently passed two similar anti-Real ID measures.
* Binding legislation similar to Montana's is awaiting the governor's signature in Washington.
* Thirteen more states have passed anti-Real ID legislation through at least one legislative chamber, and bills have been introduced in 12 additional states.
* In Congress, several bills to fix Real ID have been introduced, including strong proposals by Senators Akaka and Sununu and Congressman Tom Allen.

"Montana's decisive stand adds further momentum to the Great Real ID Rebellion of 2007," said Barry Steinhardt, Director of the ACLU's Technology and Liberty Project. "The whole scheme is premised on creating uniform national identity papers; when a state like Montana tells the federal government to take a hike, it brings down the whole house of cards. If there was ever any question that Congress would be forced to revisit this misguided law, there is no more."

A map showing the status of anti-Real ID legislation in the states is available at: www.realnightmare.org/news/105/

Comprehensive information about Real ID, including links to the Montana legislation, is available at: www.RealNightmare.org

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis

Check this out:

"FORTY-THREE GROUPS ANNOUNCE NATIONAL REAL ID PUBLIC CAMPAIGN

WASHINGTON, DC - Today, 43 organizations representing transpartisan,
nonpartisan, privacy, consumer, civil liberty, civil rights, and
immigrant organizations have joined to launch a national campaign to
solicit public comments to stop the nation's first national ID system:
REAL ID.

The groups joining in the anti-REAL ID campaign are concerned about the
increased threat of counterfeiting and identity theft, lack of security
to protect against unauthorized access to the document's machine
readable content, increased cost to taxpayers, diverting of state funds
intended for homeland security, increased costs for obtaining a license
or state issued ID card, and because the REAL ID would create a false
belief that it is secure and unforgeable.

This effort builds on the momentum that is signaling broad opposition to
the REAL ID in the states. Montana has become the fifth state, following
Maine, Idaho, Arkansas, and Washington, to prohibit cooperation with the
Department of Homeland Security in implementing the REAL ID national
identification system.

Under the Act, states and federal government would share access to a
vast national database that could include images of birth certificates,
marriage licenses, divorce papers, court ordered separations, medical
records, and detailed information on the name, date of birth, race,
religion, ethnicity, gender, address, telephone, e-mail address, Social
Security Number for more than 240 million with no requirements or
controls on how this database might be used. Many may not have the
documents required to obtain a REAL ID, or they may face added
requirements base on arbitrary and capricious decisions made by DMV
employees.

EPIC joins this group of 43 organizations in a fight against the
national identification system created by the Department of Homeland
Security. "Make no mistake, this is a national identification system
that will affect your everyday life," said Melissa Ngo, Director of
EPIC's Identification and Surveillance Project. "Critics of the REAL ID
scheme are called anti-security, but it is not anti-security to reject a
national identification system that will harm our national security and
make it easier for criminals to pretend to be law-abiding Americans."

American Federation of Labor-Congress of Industrial Organizations
American Library Association
American Policy Center
American-Arab Anti-Discrimination Committee
Association of American Physicians & Surgeons
Bill of Rights Defense Committee
Center for Digital Democracy
Center for Financial Privacy and Human Rights
Citizen Outreach Project.
Citizens Against Government Waste
Common Cause
Computing Professionals for Social Responsibility
Consumer Action
DownsizeDC.org
Electronic Frontier Foundation
Electronic Privacy Information Center
Fairfax County Privacy Council
Give Me Back My Rights Coalition
Government Accountability Project
Gun Owners of America
Immigrant Workers Union
Leadership Conference on Civil Rights
Liberty Coalition
National Center for Transgender Equality
National Council of Jewish Women
National Council of La Raza
National Gay and Lesbian Task Force
National Immigration Law Center
OpenCarry.org
Parents, Families and Friends of Lesbians and Gays
Patient Privacy Rights Foundation
People for the American Way
Privacy Activism
Privacy Rights Clearinghouse
Privacy Times
Republican Liberty Caucus
Rutherford Institute, The
The Arc of the United States United Cerebral Palsy
The Multiracial Activist
US Bill of Rights Foundation
Virginia Citizens Defense League
Virginia Gun Owners Coalition
World Privacy Forum

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And apparently that coaltion effort paid off - the amount of "comments" added to the real ID bill by ordinary citizens. The comment "count" went from 18 (when I made mine) to 3500 by the time the "Comment" period closed.

I would like to thank from the bottom of my heart any of you here who submitted comments. This is what it's all about. Thank you.

__________________
"When fascism comes to America it will come wrapped in the flag and carrying a cross." Sinclair Lewis