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National ID card hinted

Privacy concerns raised by some


By LANCE GAY, Scripps Howard News Service


WASHINGTON -- Privacy advocates worry that provisions buried in the intelligence bill President Bush is to sign today will lead to a national identification card.
Little-noted measures included in the legislation that reshuffles intelligence agencies order states to begin issuing new fraud-proof birth certificates, and new driver's licenses with standardized data encoded on them are set for 2006.
The legislation also orders states to stop putting Social Security numbers on licenses.
What data will be included on licenses and how it will be used in federal databanks is not yet clear. The legislation only requires the data to be "machine readable," leaving the issue of what data to collect to the Department of Transportation and the Department of Homeland Security. Regulations concerning fraud-proofing birth certificates are to be drafted by the Department of Heath and Human Services.
"There's a problem," said Marc Rotenberg, a Georgetown University law professor who serves as executive director of the Electronic Privacy Information Center, a Washington think tank.
"There are two directions they can go here. One is to reduce the likelihood of fraud and counterfeiting of driver's licenses, which we all would applaud. Or they could link this all together in a new national database, which is what they should not do."
Rotenberg called the measure "not quite half a step towards a national identification card" because its full impact has not yet been determined.
The bill, which Congress adopted earlier this month after stripping out controversial immigration provisions, carries out key recommendations of the 9/11 Commission, including establishing standards for birth certificates and driver's licenses.
But James Plummer of the Privacy Rights Clearinghouse noted that all but one of the 19 hijackers on 9/11 had valid American identification -- including driver's licenses -- and that the changes Congress has ordered wouldn't prevent terrorists from obtaining the new and more secure documents.
"This is a bunch of troubling language," said Plummer. "I don't think this solves the issue at all."
Plummer said he's concerned that the measure, for the first time, sets federal standards on documents like birth certificates and driver's licenses that traditionally have been matters for states to decide.
The legislation states that within two years, U.S. government employees won't accept any driver's licenses or birth certificates issued by the states that don't comply with the new fraud-proof requirements. That means drivers from states that don't comply with the new requirements will be unable to use their state licenses as identification to get past federal airport screeners and board an aircraft.
"It's definitely crossing over into a national ID system, something this country hasn't seen before and something that was more a feature of Eastern European systems during the Cold War," he said.
Plummer said it raises privacy concerns because driver's licenses are used today in determining eligibility to conduct many routine activities. It is a basic document used by Americans to vote, buy guns, open bank accounts, cash checks and check into hotels.
Organizations ranging from the American Civil Liberties Union to the American Conservative Union to the Gun Owners of America oppose the measure, saying it would give too much power to federal bureaucrats to decide who could get a valid license.


This story appeared on Page A2 of The Standard-Times on December 17, 2004.