WASHINGTON - After years of failing to
overcome staunch opposition from some state officials and civil
liberties groups, advocates of tighter controls on driver's licenses
succeeded in getting Congress to pass the first national regulations
for issuing licenses and other IDs as part of a massive intelligence
overhaul President Bush signed Friday.
The little-debated rules, which are supposed to make it harder for
terrorists to obtain IDs, would require licenses and state-issued ID
cards to include digital photos and "machine-readable identity
information" that some privacy advocates fear could be used to create a
national database of personal information.
"By standardizing the driver's licenses at the federal level, what
you're doing is creating a national ID card," said Marv Johnson,
legislative counsel for the American Civil Liberties Union. "It allows
the government to essentially track you wherever you go."
Supporters of the law insist such concerns are overblown. The federal
standards can be devised in a way that makes fraud more difficult while
protecting privacy, they say.
"We are not establishing a national identity card," said Sen. Dick
Durbin, D-Ill., who helped craft the intelligence bill. "What we are
establishing is uniform standards for states to issue driver's
licenses. It is an attempt to strike a careful balance to make sure
driver's licenses are issued and used properly, but not at the expense
of privacy."
While the law doesn't explicitly order the states to follow the regula-
tions, licenses and IDs that don't meet the standards will not be
accepted by federal agencies for such things as boarding airplanes and
getting passports. The American Association of Motor Vehicle
Administrators backed the legislation.
The issue has been debated since the Sept. 11, 2001, terrorist attacks
highlighted the many different procedures used by states to issue
driver's licenses and other IDs, some of them more stringent than
others.
Seven of the 19 hijackers, for instance, fraudulently obtained driver's
licenses in Virginia by taking advantage of that state's then-lax rules
for certifying their identities and addresses. Licenses are often
referred to as "gateway documents" that allow people to open bank
accounts, obtain credit cards, rent cars and board airplanes.
After the attacks, numerous bills were introduced in Congress to bring
more uniformity to the rules for issuing licenses and IDs and the type
of information they must contain about the bearer. But the bills
languished in committee.
The issue was revived in July, when a national commission appointed to
study the Sept. 11 attacks issued its report and recommendations.
Noting the ease with which the hijackers obtained IDs, the commission
said: "The federal government should set standards for the issuance of
birth certificates and sources of identification, such as driver's
licenses."
"Fraud in identification documents is no longer just a problem of
theft. At many entry points to vulnerable facilities, including gates
for boarding aircraft, sources of identification are the last
opportunity to ensure that people are who they say they are and to
check whether they are terrorists," the commission added.
The recommendation was championed by relatives of 9/11 victims and
incorporated into an intelligence overhaul based on the commission's
report, which was passed by Congress earlier this month.
The law orders the secretaries of transportation and homeland security,
in consultation with state officials and other "interested parties," to
establish minimum standards for licenses and IDs. They will govern the
type of documents that can be used by applicants to prove their
identities, procedures for preventing fraud, and the type of
information licenses carry.
The cards must have certain standard features, including a digital
photograph and "common machine-readable identity information," which
could mean swipe-card technology.
Those two requirements raise the most concerns among privacy advocates.
"The whole purpose for this standardization is going to eventually be
some sort of database. It just didn't pass in this particular
legislation," said the ACLU's Johnson.
The House version of the legislation called for an "interstate compact
... to provide electronic access by a state to information contained in
the motor vehicle databases of all other states."
The final version of the legislation signed by Bush called for
regulations that "facilitate communication between the chief driver
licensing official of a state, an appropriate official of a federal
agency and other relevant officials, to verify the authenticity of
documents."
Durbin denied that the intent was to create a national database.
"States exchange information about their drivers. That happens today
when a trooper pulls someone over for speeding. That's good law
enforcement. It is not a matter of entering into a computer in
Washington all the data about drivers in America. That's not my goal,"
Durbin said.
Johnson said the ACLU fears the federal rules will require licenses to
carry data chips that can be read remotely. Such chips soon will be
added to U.S. passports, and some states have considered them for
driver's licenses.
"You don't even need to swipe it. They can be read up to 30 feet away," Johnson said.
Developers of the technology say the equipment required to read the
information on the chips is bulky and would easily be spotted. The law
requires the federal regulations to include privacy protections.
Some state officials also are wary of the new regulations, citing costs and other concerns.
"States have passed numerous laws to improve the integrity and security
of driver's licenses. We are concerned about a one-size-fits-all
approach," said Cheye Calvo, transportation committee director for the
National Conference of State Legislatures.