RPVNetwork

Grassroots Network of the Republican Party of Virginia

Senator Ken Cuccinelli Introduces Legislation to Protect Citizen's Privacy Under the Real ID Act of 2005

It was announced today that Senator Ken Cuccinelli has taken another bold stand to protect
the privacy of Virginia citizens when he introduced S.B.481 to prohibit DMV or any other
agency of the Commonwealth from using any type of computer chip or radio-frequency
identification on licenses and identification cards and from sharing certain data with other
states or with any federal government agency as required by the Real ID Act of 2005. The
bill further provides that no biometric data will be gathered or retained.

Donna Holt and VA Liberty Defense along with 10 other groups have joined forces in a
statewide campaign to add Virginia to the growing list of states to enact anti-Real ID legislation.
Twenty-one (21) states have engaged in an all-out revolt against Dangerous ID (the so-called
Real ID scam) and have already passed legislation that will nix the federal mandate and more
are expected to follow.

The will be a Rally in support of Delegate Bob Marshall's H.B.1587 and Ken Cuccinelli's S.B.481
at the Virginia State Capital Bell Tower on January 21, 2009 at 1:00 pm.

The VA Liberty Defense grassroots lobbying efforts will gain momentum as they take the news
of the bill to the districts across the state. They are certain to shake things up in local politics
with upcoming state elections on the horizon.

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Can someone help me out here. Is there a reason that I do not want an identification system that works. I have a drivers license and anyone could duplicate it. That's a problem for me because they can then become me. I believe voters should be required to show ID but that does no good if ID's are easily faked. What's the big deal?
Mark Collins said:
Can someone help me out here. Is there a reason that I do not want an identification system that works. I have a drivers license and anyone could duplicate it. That's a problem for me because they can then become me. I believe voters should be required to show ID but that does no good if ID's are easily faked. What's the big deal?

Real ID does not protect us against forgery to obtain a driver's license. If anything, Real ID makes it more likely. Most states have improved their designs so it's nearly if not impossible to reproduce them. That is not what has been happening. What is happening is that people are forging the documents used to obtain those driver's licenses and Real ID does nothing to prevent that. There is also the issue of a failed system that allows special consideration for immigrants or those without the required identifying documents. Prior to 9/11, to get an official photo identification card from the state of Virginia, a foreign national needed three documents: two to prove his identity, and one to prove his legal residence in the state. A person lacking ordinary documentation of their identity and residence--such as an out-of-state driver's license, a passport, a paycheck, a utility bill--could present the DMV with a pair of certified forms instead. The first form, a DL6, was to establish the applicant's identity. To be legal, a DL6 needed to be signed by a witness who knew the applicant and certified by an attorney in the presence of a notary public. The second, the DL51, which was supposed to establish the applicant's legal residence, needed to be signed--in the presence of a notary public or a clerk at the DMV--by a witness who knew where the applicant lived. This is how 2 of the terrorists were able to obtain an official state issued ID in Virginia and once they had their ID, they were able to vouch for and obtain the same notarized documents for other illegals. Until states raise the standards for establishing identity, even a so-called Real ID would do nothing to stop illegals from getting driver's licenses.

There are valid concerns with regard to security of the citizen’s personal information due to the number of databases that would be storing personal information by the federal government and shared between the states across the country as part of standard procedure within Motor Vehicle Administrations in the states, and as enabled by the American Association of Motor Vehicle Administrators. Neither the Federal Government nor the states can control access, which under International law includes data sharing even with Canada and Mexico. No one can know who is getting into those data bases and for what purpose.
So is the problem this particular ID program or do you think that any form of government ID is a problem.
I am perplexed, on the one hand we have folks who are concerned about bogus voter registrations, concerned about illegals with bogus ID, concerned about Social service fraud and on the other hand we have folks who are concerned over a possible loss of privacy or freedom. I always thought that with freedom and privacy came responsibilities among which was that certain reasonable concessions to individual freedom might be necessary to guarantee the freedom of the masses. I would like to remind everyone that each one of us is already in a multitude of national and international databases with the very information that Real ID requires. Real ID wants to lay down a minimum standard for all states to adhere to for their ID's to allow access to federally controlled facilities. I have to believe that if the same energy that has been expended on fighting it, had been employed in figuring out how to fund the additional expense and how to safegaurd information, we might have figured it out by now, 2005 was a long time ago, many bogus voter registrations ago, many social service frauds ago, many bogus drivers licenses ago. Think about it, what do you want, to fight the fight or to fix some problems. To oppose measures intended to correct problems without offering alternative solutions, is not accepting the resposibility inherent with one's freedom. I am curious as to how many have actually read the act, as opposed to just accepting other folks take on the issue. Right now I am on the fence waiting for the first responsible politician to offer up an acceptable alternative to address the ills I have mentioned here.
Tom,

The problem really is that the Real ID Act of 2005 gives DHS complete control to promulgate any new rules,
at any time, without the consent or authorization of Congress. This includes likely biometric changes in the
future, as well as technology changes like computer chips. Constitutional experts are appalled by the Real
ID Act, because it violates the 1st amendment, religious rights and illegal searches, the 4th amendment
protection of our privacy rights and the 10th amendment. We would give away our right as a State to have
control over any federal or international standards in the future.

The requirement that all your personal data be shared or linked in a massive database with all
other states and territories means tens of thousands of employees will have access to your state's
records. It is a recipe for disaster with massive identity theft and mission creep implications.
Sharing these databases with foreign governments is also a real concern, as initial versions of
REAL ID called for the sharing of data with Mexico. I do not want corrupt government officials
in Mexico having access to the data of my personal information. I am also concerned about what
influence these other countries might have on our sovereign licenses if we enter into agreements
to create a standardized license good for ground border crossings with countries participating in
NAFTA. These are STATE licenses.

We should have concern over ANY federal mandate that transfers poser from the states to the
federal level. Real ID gives the federal government complete control over our state issued driver's
license. Our Social Security number which was intended as an account number for Social Security
benefits only, has already been hijacked to be used as a identification number for ALL federal, state,
banking, purchasing, credit, etc. activities. Look at all the identity theft that has occurred with that.
Now they want our state issued driver's license to serve as a national ID card. Does "may I see your
papers please" have an eerie sound to you? The computer chips that will certainly be added later
as originally proposed, will give the federal government the ability to track every thing you do. Buy
guns, ammunition, everywhere you travel, medical diagnosis and treatment. The machine readable
chips are already in passports since 2007 and can be read with a hand held machine the size of a
pocket organizer from a distance of up to 70 feet away. Passports have already been cloned because
of this technology.

I have read the Real ID Act and I am very concerned over the power it gives our government. History
tells us the more control over the lives of law-abiding citizens the government has, the worse things get.
Look at what government interference with the Community Reinvestment Act did to the economy. Every
time our government oversteps their authority, we lose.

If we allow the dismantling of our Constitution and Bill of Rights to allow the tracking and stalking of our
citizens we would have destroyed what the founding fathers intended. The American dream is ending under
this administration. Let us not go blindly down a path of destruction; instead let us uphold those principles
of which our fathers and mothers fought to protect. We have a country founded on a Constitution and Bill of
Rights, and if the Real ID Act is enacted we will be losing many of the liberties and unalienable rights our
forefathers and many after them have fought for. You as a state will also be voluntarily giving up your sovereignty,
allowing your DMV to become a branch office to future bureaucrats in Washington.

If you aren't concerned about having the government involved and sticking their noses in everything you do, at
least have concern over the greater threat of identity theft with Real ID. Twenty-one states have already enacted state legislative measures to prohibit or severely curtail any participation by their respective states in the program. As both an “unfunded mandate” from Washington, and one that threatens both religious and civil liberties, a massive coalition has been built across America in outrage. Theological opponents run the full gamut – from Mennonites to Jews to Catholic to Protestant faith models. Technology-centric opponents include the Electronic Frontier Foundation.

Leaders of the opposition consider the "REAL ID Act of 2005" to be a bad law passed under false pretenses. It was rejected three separate times by the U.S. Senate, and was only passed because it was buried in a larger bill containing disaster relief and funding for Iraq military operations. The Senate didn't want it, and the American people don't want it either. But the majority leadership in Congress imposed it on us, and so now we have to fight to stop implementation in Virginia.


Tom Whitmore said:
I am perplexed, on the one hand we have folks who are concerned about bogus voter registrations, concerned about illegals with bogus ID, concerned about Social service fraud and on the other hand we have folks who are concerned over a possible loss of privacy or freedom. I always thought that with freedom and privacy came responsibilities among which was that certain reasonable concessions to individual freedom might be necessary to guarantee the freedom of the masses. I would like to remind everyone that each one of us is already in a multitude of national and international databases with the very information that Real ID requires. Real ID wants to lay down a minimum standard for all states to adhere to for their ID's to allow access to federally controlled facilities. I have to believe that if the same energy that has been expended on fighting it, had been employed in figuring out how to fund the additional expense and how to safegaurd information, we might have figured it out by now, 2005 was a long time ago, many bogus voter registrations ago, many social service frauds ago, many bogus drivers licenses ago. Think about it, what do you want, to fight the fight or to fix some problems. To oppose measures intended to correct problems without offering alternative solutions, is not accepting the resposibility inherent with one's freedom. I am curious as to how many have actually read the act, as opposed to just accepting other folks take on the issue. Right now I am on the fence waiting for the first responsible politician to offer up an acceptable alternative to address the ills I have mentioned here.
Mark Collins said:
So is the problem this particular ID program or do you think that any form of government ID is a problem.

The problem is this program. It has No limits or restrictions on what they can require in the future. With the exception of the storing of information in a federal database to be shared with 50 states without limitations and the use of biometric software which is currently proposed but is faulty and fails 90% of the time, and the cost to the states during some very economically hard times, the rest that they CURRENTLY require is rather benign. They fact that we don't know what other provisions they will impose later without any further action by Congress required, is of great concern. If they want to tag someone, tag immigrants when they enter the country, not law-abiding citizens. The fact is, two of the leaders of 9/11 were under investigation for terrorists acts before they were allowed into our country and should never have been issued a visa to enter. If government would do their job in the first place, sweeping regulations of this type would never be considered. We have military bases in 130 countries around the world, most without conflict and are allies, while our borders remain unprotected. It seems to me our priorities are out of whack.
So then why isn't the fight, going along the lines of, to get it amended to something more palatable as far as the future changes and the security issues are involved? A form of photo ID issued under stringent requirements, would certainly solve a lot of other problems we are having!


dljholt said:
Mark Collins said:
So is the problem this particular ID program or do you think that any form of government ID is a problem.

The problem is this program. It has No limits or restrictions on what they can require in the future. With the exception of the storing of information in a federal database to be shared with 50 states without limitations and the use of biometric software which is currently proposed but is faulty and fails 90% of the time, and the cost to the states during some very economically hard times, the rest that they CURRENTLY require is rather benign. They fact that we don't know what other provisions they will impose later without any further action by Congress required, is of great concern. If they want to tag someone, tag immigrants when they enter the country, not law-abiding citizens. The fact is, two of the leaders of 9/11 were under investigation for terrorists acts before they were allowed into our country and should never have been issued a visa to enter. If government would do their job in the first place, sweeping regulations of this type would never be considered. We have military bases in 130 countries around the world, most without conflict and are allies, while our borders remain unprotected. It seems to me our priorities are out of whack.
Tom,

There is a movement at the federal level to modify the Real ID Act but Congress has done nothing to change it
to date. So for now, it is left up to the states to reject it until they do as the states don't have the authority to modify a federal bill. It will never change if the states simply comply.

South Carolina's bill basically said what you propose-

"Section 56-1-85. The State will not participate in the implementation of the Real ID Act until:

(1) it is expressly guaranteed, through regulation by the Department of Homeland Security, that
implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any
citizen or resident of the State of South Carolina;

(2) the federal government provides adequate funding for the implementation of the Real ID Act; and

(3) the federal government adopts the changes to the REAL ID Act as outlined in the report entitled 'The
REAL ID Act: National Impact Analysis' of the National Conference of State Legislature, the National
Governor's Association, and the American Association of Motor Vehicle Administrators."
Donna,

Can you provide a link for the report, "REAL ID Act: National Impact Analysis' of the National Conference of State Legislature, the National Governor's Association, and the American Association of Motor Vehicle Administrators".?
Thanks,
Tom

dljholt said:
Tom,

There is a movement at the federal level to modify the Real ID Act but Congress has done nothing to change it
to date. So for now, it is left up to the states to reject it until they do as the states don't have the authority to modify a federal bill. It will never change if the states simply comply.

South Carolina's bill basically said what you propose-

"Section 56-1-85. The State will not participate in the implementation of the Real ID Act until:

(1) it is expressly guaranteed, through regulation by the Department of Homeland Security, that
implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any
citizen or resident of the State of South Carolina;

(2) the federal government provides adequate funding for the implementation of the Real ID Act; and

(3) the federal government adopts the changes to the REAL ID Act as outlined in the report entitled 'The
REAL ID Act: National Impact Analysis' of the National Conference of State Legislature, the National
Governor's Association, and the American Association of Motor Vehicle Administrators."
Here is the National Impact Analysis: http://www.nga.org/Files/pdf/0609REALID.pdf

Tom Whitmore said:
Donna,

Can you provide a link for the report, "REAL ID Act: National Impact Analysis' of the National Conference of State Legislature, the National Governor's Association, and the American Association of Motor Vehicle Administrators".?
Thanks,
Tom

dljholt said:
Tom,

There is a movement at the federal level to modify the Real ID Act but Congress has done nothing to change it
to date. So for now, it is left up to the states to reject it until they do as the states don't have the authority to modify a federal bill. It will never change if the states simply comply.

South Carolina's bill basically said what you propose-

"Section 56-1-85. The State will not participate in the implementation of the Real ID Act until:

(1) it is expressly guaranteed, through regulation by the Department of Homeland Security, that
implementation of the Real ID Act will not compromise the economic privacy or biological sanctity of any
citizen or resident of the State of South Carolina;

(2) the federal government provides adequate funding for the implementation of the Real ID Act; and

(3) the federal government adopts the changes to the REAL ID Act as outlined in the report entitled 'The
REAL ID Act: National Impact Analysis' of the National Conference of State Legislature, the National
Governor's Association, and the American Association of Motor Vehicle Administrators."
As a technology guy I can say unequivocally that the prospect of having my driver's license RFID enabled to be quite creepy. I can buy an RFID scanner on the internet for about 600 bucks and scan all your credit cards, etc. from a distance of about 90 feet. The technology is far from secure. Check out this link: http://arstechnica.com/news.ars/post/20081002-rfid-passport-hack-ha....

Sure, it's a funny prank, but illustrates some of what is wrong with the approach. By the way what they did was entry-level hacking - in other words a 16 YO could do it.
I'm still catching up on this one. There are two things I'm certain of:

1. I have no problem with requiring ID for purposes of voting and that those ID's need to be foolproof.
2. I believe how ID's are handled should probably be left up to the states but that all adults should have one.

I'm actually not even certain of those things.

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