President Bush is expected to approve the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 later this month, and it will come into force
in three years' time.
The Real
ID
Act is designed to create a federally
approved driver's licence, production of which will be required by
anyone seeking to fly, enter federal buildings, or open a bank
account. Those who cannot produce the licence will be obliged to
produce other forms of
ID
, for more rigorous
checking.
Republican Congressman James Sensenbrunner drafted the bill with
three intentions.
First, while the legislation does not say who may or may not
drive a car, it does address the use of a driver's license as a
form of identification to a federal official. The Real
ID
Act will establish a uniform rule for all states
that temporary drivers' licenses for foreign visitors will expire
when their visa terms expire, and it will establish tough rules for
confirming identity before temporary drivers' licenses are
issued.
Second, it will tighten the asylum system, which Sensenbrunner
says is abused by terrorists, and reduce the opportunity for
immigration fraud.
Third, the Real
ID
Act will close a three-mile hole
in the San Diego border security fence.
The House of Representatives passed the bill on 5th May, by a
vote of 368–58. The bill passed the Senate on Tuesday by a vote of
100–0.
Privacy activists are furious about the bill, which was opposed
by groups as diverse as the American Civil Liberties Union
(
ACLU
), the National Association of Evangelicals, the
Ancient Order of Hibernians, the National Council of State
Legislatures, the National Governors Association and the American
Association of Motor Vehicle Administrators.
According to the
ACLU
, the Act will take the
US
one step closer to a national
ID
, and
a "show us your papers" society, by forcing states to link their
databases – containing every licensed driver's personal information
– with other states, with no guidelines as to who will have access
to that information.
Federal mandates would also determine what forms of
identification are needed to obtain state drivers' licenses, making
it possible that law-abiding American citizens who lack certain key
documents – like birth certificates and social security numbers,
etc – could be denied licences.
Furthermore, says the
ACLU
, the Real
ID
Act was passed by the House with no review or
hearings. The Senate held no hearings either.
"The Real
ID
Act was sold as an illegal-immigration
fix bill, when in fact it reduces every American's freedom," said
Timothy Sparapani, an
ACLU
Legislative Counsel. "At a
time when identity theft is rampant, Congress has just made the DMV
[Department of Motor Vehicles] one-stop shopping for identity
thieves."
There is extensive comment on this law at
Bruce Schneier's security blog
