


Well here we go again. Your elected leaders have now implemented the first of I am
sure many bills leading up to a National ID Card. This enumeration attempt is nothing
more than a way to continue stripping us of our rights and freedoms. Mark my words
we will lose our right to keep and bear arms in the very near future. And it will all be
done under the farce of "National Security". On this page you will find the summary
of H.R. 418 and a link to the complete text. You
will also find the LP's stance on it and also an
article from cnet.com.
H.R.418
Title:
To establish and rapidly implement regulations
for State driver's license and identification
document security standards, to prevent
terrorists from abusing the asylum laws of the
United States, to unify terrorism-related grounds
for inadmissibility and removal, and to ensure expeditious
construction of the San Diego border fence.
SUMMARY AS OF:
1/26/2005--Introduced.
REAL ID Act of 2005 - Amends the Immigration and Nationality Act to require
asylum applicants accused of being members or supporters of guerrilla, militant, or
terrorist organizations to prove that race, religion, nationality, membership in a particular social group, or
political opinion was or will be (if removed) the central reason for their persecution.
Allows credible, persuasive, and fact-specific testimony of the applicant to sustain this burden of proof
without corroboration unless corroborative evidence is requested by the trier of fact.
Lists factors relevant to credibility determinations in asylum cases.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the
Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain
barriers and roads at the U.S. border.
Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity.
Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary
waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist
activity.
Expands the definition of "terrorist organization."
Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such
documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance
standards for such documents that require, among other things: (1) evidence that the applicant is lawfully
present in the United States; and (2) issuance of temporary driver's licenses or identification cards to
persons temporarily present that are valid only for their period of authorized stay (or for one year where
the period of stay is indefinite). Authorizes the Secretary to impose additional requirements.
Requires States, as a condition of receiving financial assistance, to participate in the interstate compact
regarding the sharing of driver's license data.
Authorizes the Secretary to make grants to States to assist them in conforming to the document standards
of this Act.
Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
Here is the link to the text of the legislation.
http://thomas.loc.gov/cgi-bin/query/F?c109:1:./temp/~c109o05f29:e0:
What the LP has to say about it.
Party joins coalition to fight national ID card
[February 13] The Libertarian Party has joined a coalition to try to squash a proposal that would turn
standardized state driver's licenses into a "de-facto national ID card."
On February 11, 43 organizations, including the LP, sent a letter to President George W. Bush asking him
to reject an idea backed by the American Association of Motor Vehicle Administrators to create a
federally mandated, uniform driver's license for all 50 states.
Furthermore, the coalition urged the president to torpedo a Congressional request that the Transportation
Department define "types of encoded data that should be placed on drivers' licenses for security
purposes," and "work in concert with the states toward early implementation of such measures."
The proposals would require states to create standardized, "tamper-proof" driver's licenses, perhaps with
biometric identifiers, linked to state and federal government databases.
If enacted, such a measure would likely be the first step toward the implementation of a national ID card
system, said LP Executive Director Steve Dasbach.
"The Libertarian Party remains steadfast in its opposition to any sort of national identification program --
including incremental steps toward the creation of such a system," he said. "This proposal would be the
beginning of the end of privacy in America, and the president has an obligation to reject it."
Such a proposal gives too much power to the federal government, agreed J. Bradley Jansen, deputy
director of the Free Congress Foundation's Center for Technology Policy, which drafted the letter.
"The rights of law-abiding citizens are the ones that will be most at-risk with the implementation of a
national ID card system," he said. "Such a system lends itself all too easily to abuse by governmental
agencies.
"A national ID could require all Americans to carry an internal passport at all times, compromising our
privacy, limiting our freedom, and exposing us to unfair discrimination based on national origin or religion."
Joining the Libertarian Party in signing the letter were the American Civil Liberties Union, the Eagle Forum,
and the Electronic Privacy Information Center.
Other organizations signing on included the American Conservative Union, People for the American Way,
the Independent Institute, Privacy International, the National Immigration Law Center, and the Citizens
Committee for the Right to Keep and Bear Arms.
The letter states a number of reasons why proposals should be rejected:
* It would fail to prevent terrorism. "Terrorists and criminals will continue to be able to obtain -- by legal
and illegal means -- the documents needed to get a government ID, such as birth certificates and Social
Security numbers. A national ID would create a false sense of security, because it would enable individuals
with an ID -- who may in fact be terrorists -- to avoid heightened security measures."
* It would be expensive. "The costs of a national ID system have been estimated at as much as $9 billion.
Even more troubling, a national ID system mandated through state agencies would burden states, [which]
may have more effective ways to fight terrorism and strengthen ID systems."
* It would contribute to identity fraud. "A national ID would be 'one-stop shopping' for perpetrators of
identity theft, who usually use Social Security numbers and birth certificates for false IDs. Even with a
biometric identifier, such as a fingerprint, on each and every ID, there is no guarantee that individuals won't
be identified -- or misidentified -- in error."
* It would require more bureaucracy. "A national ID system would depend on both the issuance of an ID
card and the integration of huge amounts of personal information included in state and federal government
databases."
* It would compromise privacy. "Law enforcement, tax collectors, and other government agencies would
want use of the data. Employers, landlords, insurers, credit agencies, mortgage brokers, direct mailers,
private investigators, civil litigants, and a long list of other private parties would also begin using the ID, and
even the database."
This is the fourth coalition in defense of civil liberties the Libertarian Party has joined in the past year. Since
May 2001, the party has worked to preserve attorney/client privacy, fight John Walter's nomination as
new "Drug Czar," and protect international bank privacy.
Adding its voice to coalitions is a good way for the LP to defend civil liberties, said Dasbach.
"Thomas Jefferson said 'eternal vigilance is the price of liberty,' " he said. "That's why the Libertarian Party
will continue to denounce political proposals that would compromise individual rights, and will continue to
forge alliances with groups who agree with us on any given issue."
From Cnet http://news.com.com/National+ID+cards+on+the+way/2100-1028_3-5573414.html
National ID cards on the way?
Published: February 14, 2005, 4:00 AM PST
By Declan McCullagh
Staff Writer, CNET News.com
TrackBack Print E-mail TalkBack
A recent vote in Congress endorsing standardized, electronically readable driver's licenses has raised fears
about whether the proposal would usher in what amounts to a national ID card.
In a vote that largely divided along party lines, the U.S. House of Representatives approved a
Republican-backed measure that would compel states to design their driver's licenses by 2008 to comply
with federal antiterrorist standards. Federal employees would reject licenses or identity cards that don't
comply, which could curb Americans' access to everything from airplanes to national parks and some
courthouses.
The congressional maneuvering takes place as governments are growing more interested in implanting
technology in ID cards to make them smarter and more secure. The U.S. State Department soon will
begin issuing passports with radio frequency identification, or RFID, chips embedded in them, and Virginia
may become the first state to glue RFID tags into all its driver's licenses.
"Supporters claim it is not a national ID because it is voluntary," Rep. Ron Paul of Texas, one of the eight
Republicans to object to the measure, said during the floor debate this week. "However, any state that
opts out will automatically make nonpersons out of its citizens. They will not be able to fly or to take a
train."
Paul warned that the legislation, called the Real ID Act, gives unfettered authority to the Department of
Homeland Security to design state ID cards and driver's licenses. Among the possibilities: biometric
information such as retinal scans, fingerprints, DNA data and RFID tracking technology.
Proponents of the Real ID Act say it adheres to the recommendations of the 9/11 Commission and is
needed to frustrate both terrorists and illegal immigrants. Only a portion of the legislation regulates ID
cards; the rest deals with immigration law and asylum requests. "American citizens have the right to know
who is in their country, that people are who they say they are, and that the name on the driver's license is
the real holder's name, not some alias," F. James Sensenbrenner, R-Wisc., said last week.
"If these commonsense reforms had been in place in 2001, they would have hindered the efforts of the
9/11 terrorists, and they will go a long way toward helping us prevent another tragedy like 9/11," said
House Majority Leader Tom DeLay, R-Texas.
Now the Real ID Act heads to the Senate, where its future is less certain. Senate rules make it easier for
politicians to derail legislation, and an aide said Friday that Sen. Patrick Leahy, the top Democrat on the
Judiciary Committee, was concerned about portions of the bill.
Sen. Dianne Feinstein of California, the top Democrat on a terrorism subcommittee, said "I basically
support the thrust of the bill" in an e-mail to CNET News.com on Friday. "The federal government should
have the ability to issue standards that all driver's licenses and identification documents should meet."
"Spy-D" cards?
National ID cards are nothing new, of course. Many European, Asian and South American countries
require their citizens to carry such documents at all times, with legal punishments in place for people caught
without them. Other nations that share the English common law tradition, including Australia and New
Zealand, have rejected such schemes.
A host of political, cultural and even religious concerns has prevented a national ID from being adopted in
the United States, even during the tumultuous days after the Sept. 11, 2001, attacks that ushered in the
Patriot Act.
Conservatives and libertarians typically argue that a national ID card will increase the power of the
government, and they fear the dehumanizing effects of laws enacted as a result. Civil liberties groups tend
to worry about the administrative problems, the opportunities for criminal mischief, and the potential
irreversibility of such a system.
Some evangelical Christians have likened such a proposal to language in the Bible warning "that no man
might buy or sell, save he that had the mark, or the name of the beast, or the number of his name." That
mark is the sign of the "end times," according to evangelical thinking, which predicts that anyone who
accepts the mark will be doomed to eternal torment.
Those long-standing concerns have become more pointed recently, thanks to the opportunity for greater
tracking--as well as potentially greater security for ID documents--that technologies such as RFID
provide. Though the Real ID act does not specify RFID or biometric technology, it requires that the
Department of Homeland Security adopt "machine-readable technology" standards and provides broad
discretion in how to do it.
An ad hoc alliance of privacy groups and technologists recently has been fighting proposals from the
International Civil Aviation Organization to require that passports and other travel documents be outfitted
with biometrics and remotely readable RFID-type "contact-less integrated circuits."
The ICAO, a United Nations organization, argues the measures are necessary to reduce fraud, combat
terrorism and improve airline security. But its critics have raised questions about how the technology could
be misused by identity thieves with RFID readers, and they say it would "promote irresponsible national
behavior."
In the United States, the federal government is planning to embed RFID chips in all U.S. passports and
some foreign visitor's documents. The U.S. State Department is now evaluating so-called e-passport
technology from eight different companies. The agency plans to select a supplier and issue the first
e-passports this spring, starting in Los Angeles, and predicts that all U.S. passport agencies will be issuing
them within a year.
The high-tech passports are supposed to deter theft and forgeries, as well as accelerate immigration
checks at airports and borders. They'll contain within their covers a miniscule microchip that stores basic
data, including the passport holder's name, date of birth and place of birth. The chip, which can transmit
information through a tiny included antenna, also has enough room to store biometric data such as digitized
fingerprints, photographs and iris scans.
Border officials can compare the information on the chip to that on the rest of the passport and to the
person actually carrying it. Discrepancies could signal foul play.
In a separate program, the Department of Homeland Security plans to issue RFID devices to foreign
visitors that enter the country at the Mexican and Canadian borders. The agency plans to start a yearlong
test of the technology in July at checkpoints in Arizona, New York and Washington state.
The idea is to aid immigration officials in tracking visitors' arrivals and departures and snare those who
overstay their visas. Similar to e-passports, the new system should speed up inspection procedures. It's
part of the US-VISIT program, a federal initiative designed to capture and share data such as fingerprints
and photographs of foreign visitors.
A "Trojan horse"
The legislation approved by the House last Thursday follows a related measure President Bush signed into
law in December. That law gives the Transportation Department two years to devise standard rules for
state licenses, requires information to be stored in "machine-readable" format, and says noncompliant ID
cards won't be accepted by federal agencies.
But critics fret that the new bill goes even further. It shifts authority to the Department of Homeland
Security, imposes more requirements for identity documents on states, and gives the department carte
blanche to do nearly anything else "to protect the national security interests of the United States."
"In reality, this bill is a Trojan horse," said Paul, the Republican congressman. "It pretends to offer
desperately needed border control in order to stampede Americans into sacrificing what is uniquely
American: our constitutionally protected liberty."
Unlike last year's measure, the Real ID Act "doesn't even mention the word 'privacy,'" said Marv Johnson,
a lobbyist for the American Civil Liberties Union.
"What I think the House is planning on doing is attaching this bill to tsunami relief or money to the troops,"
Johnson says. "When they send it to the Senate, the Senate will have to either fish or cut bait. They can
approve it or ask for a conference committee, at which point the House can say 'they're playing games
with national security.'"
In response to a question about a national ID card, White House spokesman Scott McClellan told
reporters on Friday that "the president supports the legislation that just passed the House." McClellan
pointed to a statement from the White House earlier in the week that endorsed it.
Another section of the Real ID Act that has raised alarms is the linking of state Department of Motor
Vehicles databases, which was not part of last year's law. Among the information that must be shared: "All
data fields printed on drivers' licenses and identification cards" and complete drivers' histories, including
motor vehicle violations, suspensions and points on licenses.
Some senators have indicated they may rewrite part of the measure once they begin deliberations.
Sen. Jon Kyl, R-Ariz., chairman of a terrorism subcommittee, is readying his own bill that will be
introduced within a few weeks, spokesman Andrew Wilder said on Friday. "He has been at work on his
own version of things," Wilder said. "Senator Kyl does support biometric identifiers."
CNET News.com's Alorie Gilbert contributed to this report.
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