Dollars and Sense

Today we announced nearly $80 million in grants that will help states and territories strengthen the security of their driver’s licenses and identification cards. This allocation brings the total amount we’ve provided for REAL ID implementation to more than $361 million; and, if Congress approves our budget request for next year, that number will grow to $511 million.

I think you’ll agree that more than half a billion dollars is a significant investment and is indicative of our pledge to help states implement this important security measure. Of course, this is in addition to our regulatory changes that reduced state implementation costs by roughly 73 percent. But, instead of discussing dollars and cents, I want to focus on the big picture and share with you some reasons why secure identification is so imperative in the 21st century.

First, I’m sure we can all agree that in our post-9/11 world, it’s vital to keep identity documents out of the hand of terrorists. (In case you’re wondering, 18 of the 19 hijackers on 9/11 had U.S. licenses or IDs – many of them easily obtained through fraudulent means).

Second, speaking on behalf of identity theft victims, I think we can also agree that there’s a growing need to address the ease with which anyone can obtain a driver’s license or create a fake one, rob someone of their identity, and disrupt their life for years.

And third, when you board an airplane, wouldn’t it be comforting to know that your fellow passengers are, in fact, who they say they are, and their actual identities match what is listed on their IDs?

Of course.

The arguments for having secure identification speak for themselves. That’s why the 9/11 Commission recommended closing this glaring security loophole, and that’s why Congress passed the REAL ID Act in 2005.

Since then, we’ve been working with states to implement these minimum security standards in a balanced, sensible fashion. Part of this involves providing funds, maintaining flexible deadlines, and partnering with states on a host of technical issues that will bring our long-neglected identification system into the 21st century.

The bottom line is that this is a shared responsibility--not a federal mandate or a national ID--but a collective response to an obvious problem. Secure identification makes it much more difficult for identity thieves, criminals, and potential terrorists to harm us. At DHS, we’re continuing to work with states and territories to do everything we can to close this gap and protect our citizens.

Stewart Baker
Assistant Secretary for Policy

Setting the Record Straight on REAL ID (Part III) – Too Much Spaghetti

Critics of REAL ID often misrepresent what it is and what it is not. Probably the most egregious myth is the claim that the law creates a national ID that Americans will be required to carry.

Wrong. REAL ID is simple. The regulation requires that states meet minimum security standards when they issue driver’s licenses and identification cards necessary for “official purposes,” like getting on a plane or entering federal buildings. That’s it. The federal government’s role is to make sure that states meet minimum standards of security, so that banks and airports in one state can count on the quality of licenses issued in another.

States will still control their licenses and the personal information they collect. And, they will have plenty of flexibility in setting the license’s design, physical security features, and issuance procedures. These minimum standards will make it harder for terrorists to take advantage of the weak security of a particular state, the way Timothy McVeigh did when he used a fake South Dakota license to rent a Ryder truck in Oklahoma to bomb the Murrah Federal Building.

Don’t want a REAL ID? Don’t get one. If you don’t need a driver’s license or similar ID today, nothing in the REAL ID Act requires you to get one. In fact, the federal government does not have the authority to regulate how or whether a bank, grocery store, retailer, or school requires REAL ID. States and private companies make those determinations. So, given that states will have control over the production and issuance processes, the design and features of the card, and the data stored, how can anyone argue that REAL ID is a national ID? In short, they can’t, but that does not stop them from trying.

REAL ID is one of the last 9/11 Commission recommendations that still remains to be implemented. All but one of the nineteen 9/11 hijackers carried some form of government-issued ID, mostly state driver’s licenses, many of which were obtained fraudulently. In the planning stages for the attacks, these documents were used to rent vehicles, evade law enforcement, enroll in flight school, and board airplanes on that fateful day.

The 9/11 Commission was dismayed, like the rest of us, by how easy it was for the hijackers to beat the system. That’s why the Commission recommended that “(s)ecure identification should begin in the Untied States. The Federal Government should set standards for the issuance of birth certifications and sources of identification, such as driver’s licenses.”

Critics of REAL ID have been busy throwing a lot of spaghetti on the walls. They’ll tell you it’s a national ID, it invades privacy, or that it’s too expensive. Spaghetti throwing is almost a pastime in the beltway. It is also an indication that one lacks valid arguments. So, absent that validity, they’ll throw out a bunch of poor arguments and see which ones stick.

But, REAL ID is too important for these sorts of myths or games. I have commented on some of them in earlier blogs, and I’m still waiting for a convincing argument in favor of insecure identification. If you have one, I’d sure like to see it.

For more information on REAL ID, visit: www.dhs.gov/realid.

Stewart A. Baker
Assistant Secretary for Policy

Setting the Record Straight on REAL ID -- Part II Privacy

Is REAL ID a threat to privacy? There are critics who will say so. But, these same critics can’t and won’t tell you precisely how REAL ID threatens privacy. There’s a reason for that. They have no evidence. The facts are that REAL ID will actually increase privacy protections for Americans, and in several concrete ways.

Under REAL ID, state Departments of Motor Vehicles (DMVs)--not the federal government--will continue to control driver’s license data. And, thanks to REAL ID, that data will get additional protection from disclosure. State DMVs will meet tough new security standards for that data.

State security plans must address, among other things:

• the physical security of the facilities and materials used to produce licenses,
• the design and security features on the cards, and
• the security of how the public’s personal information is managed.

In addition to the "Driver’s Privacy Protection Act," which will continue to bar states and their employees from selling or releasing personal information, the DHS Privacy Office has established a set of best practices for the protection of this information. These best practices provide guidance to the states and raise the bar for state DMVs beyond what was previously required by federal or state law.

Another myth we sometimes hear – "But, won’t REAL ID create new links between DMVs, who will now be checking to make sure that drivers don’t hold licenses from several states? Doesn’t that create a risk of hacking, and identity theft?" Here again, the argument does not hold any water. Law enforcement officials from every state can already log into DMV databases check the validity of a license when they perform a traffic stop. And, for the past 16 years DMV officials have run checks for commercial licenses to keep truck drivers from holding multiple licenses. To date, there’s not been a single reported privacy violation.

If you've ever been the victim of identity theft, there's a one-in-three chance that the thief used a fake driver's license to commit the crime. It’s very simple. Making licenses harder to forge will make this crime harder to perpetrate.

For example, REAL ID requires all states to verify birth certificates by going to the source – the states where the certificates were issued. It calls for electronic confirmation of the data on the certificates, making it much more difficult for an identity thief to create a fictitious identity using a forged birth certificate.

There will always be folks who yearn for a simpler day – before Google, before the Social Security Number, and before telephone books. No doubt all of these innovations have had an effect on privacy. But, they’ve also made modern life far more convenient.

There will also always be folks who yearn for a world where ID isn’t necessary. But, we don’t live in such a world. And, pretending we can live without ID will simply make the lives of the criminals, or even terrorists, easier.

A Public Opinion Strategies poll taken last year shows that 82 percent of the American public favors secure identification to prevent terrorism and identity theft. Most all Americans currently reside in states that are well on their way to secure licenses. There’s still time for the remaining three states to get on board, and provide their citizens with a powerful protection against identity theft.

Thanks for reading. I’ll check in with other thoughts on the topic soon.

Stewart A. Baker
Assistant Secretary for Policy

REAL ID – Plain and Simple

The driver’s license is the most commonly used identity document in the United States. Originally designed to verify that you’re allowed to drive, it is now the primary identification for almost everyone over the age of 16 in the United States. It’s used to enter federal buildings, board airplanes, prove your age, and it’s even used in some states as a debit card.

Like it or not, Americans rely on driver’s licenses for every day life. That’s why the security of state licensing systems is so important. And, licensing systems are only as secure as the weakest link.

Unfortunately, we learned this the hard way. Twice.

First, in 1995, when Timothy McVeigh was able to create a fake South Dakota license with ease; all it took was a manual typewriter and a kitchen iron. He used the license to rent a Ryder truck in Oklahoma and destroy the Murrah Federal Building. Then, on September 11, 2001, eighteen of the nineteen hijackers carried government-issued IDs – mostly state driver’s licenses, many obtained fraudulently.

The 9/11 Commission recognized that it’s too easy to get false identification in the U.S. That’s why the Commission determined that “(s)ecure identification should begin in the United States. The federal government should set standards for the issuance of birth certificates and sources of identification, such as driver’s licenses.” Congress responded with the REAL ID Act of 2005, which requires the federal government to set standards for the identifications it accepts.

At its core, the regulation requires that, in order for a state’s ID to be used to gain access to federal facilities, airplanes and the like, the state must implement strong security standards in three areas.

1. First, the state must apply better standards when verifying the identification of those applying for driver’s licenses.


2. Second, states must increase the physical security features on the driver’s license card by making it harder to alter or forge (e.g., optical variable devices, ultraviolet features, micro-printing, fine line duplex patterns, and other features that cannot be reproduced using commercially available products).


3. Finally, it calls for the security of the production facilities and materials used in the production of licenses, as well as the security of the DMV databases.

In recent weeks, we've heard myth upon myth and anecdote after anecdote to counter the mounting momentum in favor of REAL ID. Fifty-one jurisdictions, to include forty-six states accounting for 97 percent of the licenses issued in the United States, are already on the road to driver's license security. That’s because Americans want identity protection, and it’s because they recognize that knowing who a person is matters. We still live in a world where airplanes and passengers are a target of choice.

That’s where REAL ID comes in. Plain and simple.

As I write, four states have yet to commit to secure licenses for their citizens. The good news for these state leaders is that there’s still time to get on board. I’ll have more to say about this in the coming days. In the meantime, thanks for reading and I look forward to your comments.

Stewart A. Baker
Assistant Secretary for Policy