Friday, December 4, 2009

CHOKEFEST '09: PASS ID an unfunded "opt-in"

8 States set to choke Real ID deadline game of "chicken"

BTC Exclusive

Today States feel federal pressures to conform and pay for 18 national ID benchmarks. The "D.O.A." legislation requiring these standards- Real ID - is headed for a repeal. Some States, smarter than others, have rebuffed compliance requests until DHS solidifies a plan. In these straits, PASS ID (S.1261) is being presented as a reasonable alternative for the harsh regulations slapped on States in January of 2008.

PASS ID may have evaded the label of "unfunded mandate", but the fiscal breakdown is the same. States will still pay to construct identity data surveillance hubs to insecurely network government records across the nation. PASS ID knocked off some attributes which originally drove States mad to push out Real ID - massive unfunded mandatory projects to be footed by States. This time States can opt-in and test the programs first. Try it, before you buy it. There is nothing in the newer legislation, S.1261, to stop expenses of digital project scope creep from expanding incrementally for years to come once States are on the hook. Unfortunately, scope creep is a problem currently plaguing existing Real ID digital network management, increasing expenses.

PASS ID has been drowzily accepted by some of its former critics due to the special "national recession discount". One theory on the loss leader acceptance is ignorance about requirements for States to comply with national identity standards. States today do not yet have a full recognition of what Real ID will cost or what is fully required from them to build a national identity data aggregate or infrastructure. Local governments remain hesitant because DHS is still settling matters of how to both afford and competently network the IT behemoth. The plan to "kick the can", started underneath the Bush administration, has eroded DHS credibility to enforce a national ID deadline. States know DHS issued comprehensive blanket waivers on Real ID compliance measures.

This week 8 states "choked" the compliance game of chicken, some issuing letters defying Real ID regulations going into 2010. That is exactly what was done by States to address the last DHS deadline, March 31st, 2008. Based on previous results, DHS is expected to issue blanket waivers to all 50 States to continue Real ID development.

DHS expects much to occur towards a successful vote on PASS ID between now and December 31st, 2009. If the S.1261 bill passes, it wouldn't necessarily nullify Real ID deadlines, it would simply absorb them. The majority of Real ID practices and standards would then move forward as the PASS Act. Senator Joe Lieberman did his best to get a unanimous YES vote on S.1261 this week. PASS ID opponents are hawkish about DHS Senate members attempts to import the language in an upcoming omnibus appropriations bill.

Pro-national identity advocates favoring Real ID are fighting PASS ID. Their motives may differ from immigration and privacy advocates, but the attack remains the same. PASS ID may suffer a significant minority block for purely political reasons.

Meanwhile, there are little to no reports of widespread identity adversity without the full battery of Real ID regulated ID cards across the United States.

Nonetheless, citizens are urged to continue to speak up now about a national ID card system in America. Please don't allow the rebranding of Real ID as PASS ID to give you more of what you've dreaded all along: identity surveillance. :::TAKE ACTION HERE:::

FLOGGER: Latest REAL ID Deadline Will Pass Without a Blip

National ID Bashing with Cato's, Jim Harper



Via the ACLU blog, there’s no chance that the Department of Homeland Security will interfere with Americans’ travel when its latest deadline for REAL ID compliance passes at the end of this month. As happened with the original deadline for states to implement the national ID, DHS will give out waivers to recalcitrant states instead of carrying out the threat of refusing to accept travelers’ IDs at airports.

States were required by Tuesday to request a waiver from DHS showing that they had met certain milestones for REAL ID compliance. But
according to NextGov, Arkansas, Idaho, Kansas, Missouri, Montana, New Jersey, Oklahoma, South Carolina, and three U.S. territories have not asked for a waiver.

Supporters of a REAL ID revival bill called “PASS ID” want to use this end-of-year impasse to hustle their bill through Congress (the way REAL ID was originally passed). But the impasse is fake, and states can do what they want.

“Should Congress not act before it adjourns this year, DHS has planned for contingencies related to REAL ID implementation, including extending the deadline as a last resort,” said a DHS spokesman.



South Carolina Gov says States concerns on PASS ID not addressed

Gov. Sanford Updates Sec. Napolitano on REAL ID
CONTINUED CONCERNS WITH REAL ID AND PASS ID OUTLINED
Letter to Janet Napolitano 11.30.09.pdf [134 KB]

Columbia, S.C. - December 4, 2009 - In a letter sent earlier this week, Gov. Mark Sanford both updated Homeland Security Secretary Janet Napolitano on South Carolina’s progress in making the state's driver's licenses more secure, and reiterated the administration’s strong concerns that the federal REAL ID law represents both an infringement on constitutional liberties and an unacceptable cost burden to the states.

"South Carolina continues to make strides toward protecting the personal information contained in our driver's licenses, including technological advances that enhance security and guard against fraud and ID theft," said Gov. Mark Sanford. "Given that our state's driver's licenses continue to be among the most secure in the nation, we remain skeptical of claims that REAL ID or PASS ID is the safest and wisest route for our state and country. While attempts to contain some of the costs associated with REAL ID in the recently amended legislation are commendable, this federal mandate still infringes on liberty and privacy rights, and in this case, discretion and caution indeed seem the better part of valor. So for that reason, and for the fact that our state law currently prevents South Carolina from complying with REAL ID, we will continue to stand out from under this unfunded federal mandate."

In March of 2008, Gov. Sanford refused to apply for an extension of the federally imposed deadline on compliance with REAL ID - in effect forcing the U.S. Department of Homeland Security to issue an assurance that South Carolinians would not be penalized during travel or when visiting federal buildings. Gov. Sanford argued that the South Carolina DMV had already met 90 percent of REAL ID’s benchmarks; that the legislation had never been properly debated in Congress; that the law represented a $9 billion unfunded mandate; and - most importantly - that REAL ID presented serious threats to individual liberty.

In July of this year, Gov. Sanford again raised concerns about PASS ID, the legislatively-revised REAL ID, and specifically questioned whether secondary levels of screening would be mandated, and whether the new bill’s voluntary pilot program establishing a centralized hub of citizens’ identities would in time become mandatory. To date, these concerns have not been addressed.

Wednesday, December 2, 2009

2009's REAL ID DEADLINE HOLDOUTS

"As of late Tuesday, Arkansas, Idaho, Kansas, Missouri, Montana, New Jersey, Oklahoma and South Carolina, along with three U.S. territories, had not asked for a waiver, according to Homeland Security." - NextGov.com
DISOBEY REAL ID

Covering THE GROUND TRUTH, with John Farmer

TOMOROW: Only on Waking Up Orwell

SPECIAL LIVE GUEST : ACLU's Mary Bonventre of RealNightmare.org will be joining us for the DIY GOVERNMENT segment of our program. She has news about Senator Udall's new moves as New Mexico takes the lead as their State Senators take up the Anti- Real ID mantle, DHS Janet Napolitano's deadline effort and how Chairman Joe Lieberman is still the pebble in the shoe of progress.


MAIN FEATURE: Former general counsel to the 9-11 Commission, John Farmer shares hidden truths about the events leading up to the September 11th attacks. In his book, The Ground Truth, the Untold Story of America Under Attack on 9-11 he recounts and pinpoints what the public has missed the entire time regarding the attacks-- government culpability from ineptitude and neglect. Listening to this important interview will clear up foggy notions about identity of the attackers and how government handling of this tragedy might be interpreted. We will spend time on what has been done with our freedoms since 9-11.

Tuesday, December 1, 2009

CIA pulls SWIFT one to get peek at your bank records

c/o Presstv.ir [CLG]

European Union governments have given in to the pressure and appear set to make a last-minute agreement with the United States to allow its intelligence agencies to monitor bank accounts and transactions across the bloc.

Actually, the EU has been clandestinely allowing US intelligence agencies to have access to these financial records since 2001, allegedly to fight terrorism.

However, EU citizens were outraged when this invasion of privacy was revealed in 2006.

Now, however, interior ministers and security officials of the 27-member bloc are going to meet on November 30 to make a decision on legally allowing the United States to have access to bank data across the EU.

According to Spiegel Online, the EU interior ministers gradually succumbed to the “massive” pressure exerted by US Secretary of State Hillary Clinton and US ambassadors in Europe, who pressed governments like door-to-door salespeople.

“They pulled out all the moral and political stops,” one EU foreign minister quipped.

Germany was initially opposed to the agreement but came around this week, and a recalcitrant Austria, one of the last holdouts, followed suit.

German Interior Minister Thomas de Maizière, who is from the new coalition government, told German Justice Minister Sabine Leutheusser-Schnarrenberg, who belongs to the liberal Free Democratic Party (FDP), that he would not block the US proposal in Brussels.

There will not be a German “no” vote, but instead, he will simply abstain, Spiegel Online reported.

In what many Europeans say is a surreptitious move, the final decision on the issue is going to be made one day before the Lisbon Treaty comes into effect on December 1, since the treaty would allow the European Parliament to have a say in the matter.
:::MORE HERE:::

PATRIOT Act tracker for "fast changes"

c/o EFFector >> WIRED.com

Confused by all the proposed changes to the Patriot Act ricocheting through the Capitol? The Center for Democracy and Technology (CDT) has put together a handy chart comparing the current law with the various amendments in the House and Senate.

The chart compares proposed amendments (.pdf) to National Security Letters (NSLs) and the so-called “lone wolf” provisions of the Patriot Act. The proposals have only been passed by the judiciary committees, and face further amendments before they hit the full House and Senate for votes.

According to Gregory Nojeim, CDT’s director of project on freedom, security and technology, although neither of the current proposals goes far enough in fixing all of the problems that civil libertarians find in the Patriot Act, they do show improvements.

“There’s no doubt that the legislation that emerges from this process and goes to the president will have additional civil liberties protections,” he told Threat Level. “It will certainly fix the gag order provision that comes with NSLs, to bring it in line with the Constitution. It will certainly have more reports to Congress and audits to ensure more transparency in the use of key Patriot Act powers.”

He notes that the House bill is the better of the two bills, since it would allow the “lone wolf” surveillance provision — which the Justice Department says has never been used — to expire at the end of this year. It also offers a standard for NSLs that is slightly more strict than the Senate version and imposes a December 2013 sunset on NSL authority that would roll back their usage to what was allowed prior to the passage of the Patriot Act.

NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited and more.
:::MORE HERE:::

Bingaman, Udall on REAL ID, PASS ID

New Mexico's Senators provide representation on National ID debate

WASHINGTON - U.S. Senators Jeff Bingaman and Tom Udall today asked the Department of Homeland Security to provide New Mexicans with assurances that their travel plans early in the new year will not be disrupted by a federal law governing drivers' licenses.

In 2005, Congress passed legislation -- called the REAL ID Act -- requiring states to tighten requirements related the issuance of drivers' licenses because they are used as a standard form of identification for a variety of federal purposes, including air travel. While the senators support strengthening the standards governing IDs, they are concerned about a National Governors Association estimate that as many as 36 states - including New Mexico - will not be able to meet the Dec. 31, 2009, deadline to comply with the law.

In a letter to Homeland Security Secretary Janet Napolitano, the senators said enforcing the Dec. 31 deadline would cause a significant disruption in air travel. They also pointed out that New Mexico has asked for an extension of the deadline. In their letter, the senators urged DHS to quickly clarify its plans regarding the implementation of the REAL ID Act:

"The Department of Homeland Security has not indicated whether it will grant an extension, despite the fact that a majority of states are unlikely to be in compliance with the REAL ID Act. This is causing a great deal of anxiety for our constituents, who are seeing news reports that they will need a passport in order to fly on a commercial airline after the first of the year. Without assurances from your Department that a passport will not be necessary, many people may alter or cancel their travel plans. This uncertainty may also have a significant economic impact if the residents of non-compliant states decide not to fly or are unable to do so," Bingaman and Udall wrote.

President Obama has indicated his desire to modify the REAL ID Act through new legislation, called the PASS ID Act, but that proposal has not yet been passed into law.

"While we understand the Administration's desire to enact the PASS ID Act in lieu of granting an additional extension, the uncertainty surrounding the steps the Department may or may not take if the legislation is not signed into law is creating confusion and raising serious concerns in the many states that are not currently in full compliance with existing law," Bingaman and Udall wrote.

SEE LETTER BELOW...

Full text of letter to DHS Secretary Napolitano:

November 30, 2009

The Honorable Janet Napolitano
Secretary
U.S. Department of Homeland Security
Washington D.C. 20528

Dear Secretary Napolitano:

We are writing to respectfully request that the Department of Homeland Security provide an extension for states to become materially compliant with the REAL ID Act of 2005. As you know, more than thirty states, including New Mexico, are unlikely to meet the December 31, 2009 deadline. While we understand the Administration's desire to enact the PASS ID Act in lieu of granting an additional extension, the uncertainty surrounding the steps the Department may or may not take if the legislation is not signed into law is creating confusion and raising serious concerns in the many states that are not currently in full compliance with existing law.

The Department of Homeland Security has not indicated whether it will grant an extension, despite the fact that a majority of states are unlikely to be in compliance with the REAL ID Act. This is causing a great deal of anxiety for our constituents, who are seeing news reports that they will need a passport in order to fly on a commercial airline after the first of the year. Without assurances from your Department that a passport will not be necessary, many people may alter or cancel their travel plans. This uncertainty may also have a significant economic impact if the residents of non-compliant states decide not to fly or are unable to do so.

The Director of the New Mexico Motor Vehicle Division sent you a request on November 25 to grant the state an extension of the December 31 deadline. We support this request; however, we also ask that if the Department does not intend to provide such an extension, that you issue a public statement as soon as possible to reassure the traveling public that you will work to mitigate the adverse impact of REAL ID.

Thank you for your attention to this matter and for your ongoing efforts to strengthen homeland security.

Sincerely,

_________________
Jeff Bingaman
U.S. Senator

_________________
Tom Udall
U.S. Senator

Source: Senator Tom Udall

Bingaman, Udall on REAL ID, PASS ID

New Mexico's Senators provide representation on National ID debate

WASHINGTON - U.S. Senators Jeff Bingaman and Tom Udall today asked the Department of Homeland Security to provide New Mexicans with assurances that their travel plans early in the new year will not be disrupted by a federal law governing drivers' licenses.

In 2005, Congress passed legislation -- called the REAL ID Act -- requiring states to tighten requirements related the issuance of drivers' licenses because they are used as a standard form of identification for a variety of federal purposes, including air travel. While the senators support strengthening the standards governing IDs, they are concerned about a National Governors Association estimate that as many as 36 states - including New Mexico - will not be able to meet the Dec. 31, 2009, deadline to comply with the law.

n a letter to Homeland Security Secretary Janet Napolitano, the senators said enforcing the Dec. 31 deadline would cause a significant disruption in air travel. They also pointed out that New Mexico has asked for an extension of the deadline. In their letter, the senators urged DHS to quickly clarify its plans regarding the implementation of the REAL ID Act:

"The Department of Homeland Security has not indicated whether it will grant an extension, despite the fact that a majority of states are unlikely to be in compliance with the REAL ID Act. This is causing a great deal of anxiety for our constituents, who are seeing news reports that they will need a passport in order to fly on a commercial airline after the first of the year. Without assurances from your Department that a passport will not be necessary, many people may alter or cancel their travel plans. This uncertainty may also have a significant economic impact if the residents of non-compliant states decide not to fly or are unable to do so," Bingaman and Udall wrote.

President Obama has indicated his desire to modify the REAL ID Act through new legislation, called the PASS ID Act, but that proposal has not yet been passed into law.

"While we understand the Administration's desire to enact the PASS ID Act in lieu of granting an additional extension, the uncertainty surrounding the steps the Department may or may not take if the legislation is not signed into law is creating confusion and raising serious concerns in the many states that are not currently in full compliance with existing law," Bingaman and Udall wrote.

SEE LETTER BELOW...

Full text of letter to DHS Secretary Napolitano:

November 30, 2009

The Honorable Janet Napolitano
Secretary
U.S. Department of Homeland Security
Washington D.C. 20528

Dear Secretary Napolitano:

We are writing to respectfully request that the Department of Homeland Security provide an extension for states to become materially compliant with the REAL ID Act of 2005. As you know, more than thirty states, including New Mexico, are unlikely to meet the December 31, 2009 deadline. While we understand the Administration's desire to enact the PASS ID Act in lieu of granting an additional extension, the uncertainty surrounding the steps the Department may or may not take if the legislation is not signed into law is creating confusion and raising serious concerns in the many states that are not currently in full compliance with existing law.

The Department of Homeland Security has not indicated whether it will grant an extension, despite the fact that a majority of states are unlikely to be in compliance with the REAL ID Act. This is causing a great deal of anxiety for our constituents, who are seeing news reports that they will need a passport in order to fly on a commercial airline after the first of the year. Without assurances from your Department that a passport will not be necessary, many people may alter or cancel their travel plans. This uncertainty may also have a significant economic impact if the residents of non-compliant states decide not to fly or are unable to do so.

The Director of the New Mexico Motor Vehicle Division sent you a request on November 25 to grant the state an extension of the December 31 deadline. We support this request; however, we also ask that if the Department does not intend to provide such an extension, that you issue a public statement as soon as possible to reassure the traveling public that you will work to mitigate the adverse impact of REAL ID.

Thank you for your attention to this matter and for your ongoing efforts to strengthen homeland security.

Sincerely,

_________________
Jeff Bingaman
U.S. Senator

_________________
Tom Udall
U.S. Senator

Source: Senator Tom Udall

Prospects fade for quick Real ID repeal

BTC - It's either kick the can or repeal it the correct way.


Congress appears increasingly unlikely to repeal a sweeping driver's license law by the end of the year, which may force the Homeland Security Department to grant blanket waivers to states unable or unwilling to issue licenses that meet federal security standards.

Without the waivers or a congressional repeal, the Real ID law goes into effect Jan. 1. Officials across the country fear that would set off a situation that could include a requirement that tens of thousands of airline passengers go through secondary screening at airports every day.

Senate Democrats have been unable to get an agreement from Republicans to bring legislation to the floor that would repeal Real ID, which many federal and state officials say is unworkable and some consider an unfunded mandate from Washington.

BTC DIGEST: Real ID Updates in the States

BTC- Anyone up for a game of KICK THE CAN?

FLORIDA: Part time residents must assume the chipped position


New part-time residents must release their out-of-state driver licenses if they want to get a Florida license.

Most states insist new residents turn in their out-of-state license and get a new license.

However, part-time residents in Florida aren’t required to get a Florida driver license unless they want a job within the state or they want to put their children in the public school system. Those who fall into that category need to get a Florida driver license within 30 days.

Many residents hadn’t heard of the legislative changes but upon learning about it, North Naples resident Anita Panaccion, 59, said it’s a good idea.

The legislative change may reduce the chance of someone using his or her dual license as a form of fraud.

The Real ID Act imposes certain security, authentication and issuance procedures and standards for state driver licenses and ID cards. The requirement established new national standards for state-issued driver licenses and ID cards.

So far, 30 states, including Florida, have met or are in the process of meeting minimum security requirements for issuing state driver licenses. It used to be that a part-time Florida resident could come here, apply for a driver license and receive one that is valid in Florida only. That meant they could keep the license of their home state and use their Florida license while in this state.

The Real ID Act was put in place to increase security and reduce fraud. Initially approved in 2005, the government delayed its implementation until this year.

In Collier County, there are 9,696 licenses categorized as “Valid in Florida Only.” Of those license holders in Collier County, 8,318 have addresses in Naples.

Those who previously were issued licenses that still are valid in Florida can continue to use them until they expire.

###

“In all of my time in the Senate, I have never seen so much on our plate for a December session. It is very frustrating that the Senate has not yet taken up the Pass ID legislation that we reported out of committee last summer.” - Maine Senator, Susan Collins. “There is no doubt this is controversial,” she said. “There are members who favor the original Real ID Act and members that want to repeal the Real ID act outright.”

Rep. Chellie Pingree, D-Maine, said she has not decided whether to endorse the Pass ID proposal. She said while it is an improvement over the existing law, it has a lot of critics and she is unsure whether the House would deal with the bill even if the Senate passed the measure.

“This has been very controversial, and it certainly is in Maine,” she said. “But we don’t want to see the consequences of the Real ID law taking effect and seeing long lines at the Jetport.”

Under existing law, a Maine driver’s license will not be sufficient to prove a person’s identity to board an airplane after the first of the year. Pingree said some in Congress may push for a delay in the existing law to provide the time to work out legislation that is acceptable.

Maine is one of 14 states that have a law saying the state will not comply with the Real ID law. Secretary of State Matt Dunlap is among those in the state who oppose the existing law and the Pass ID alternative. He said the existing law and the proposed measure have serious flaws.


CHARLESTON, W.Va.--Time is running out for states across the nation to comply with federal legislation passed in 2005 known as the REAL ID Act, which requires all states to start issuing more secure driver's licenses by the end of this year.
Residents living in states that don't meet the mandate could be prohibited from boarding commercial aircraft or entering federal facilities and nuclear power plants starting in January.

Officials with the state Department of Transportation say West Virginia will not be in full compliance with REAL ID by the end of the year but expect to be eligible for an extension that will push their deadline until May 2011.

"We're really ahead of the game as far as meeting some of the requirements and we continue to be proactive to stay abreast," said Steven Dale, assistant to the state commissioner of motor vehicles.

West Virginia is far from the only state struggling with the deadline imposed by REAL ID. The National Governor's Association estimates that as many as 36 states will not be able to meet the federal requirements by the end of this year