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Driver's License Rules in Intel Law Spark Outrage

December 23, 2004
By Jeff Johnson
CNSNews.com Senior Staff Writer
December 20, 2004

(CNSNews.com) - A bipartisan group of senators, representatives, and members of the 9/11 Commission flanked President Bush Friday at his signing of sweeping intelligence reform legislation. But an equally diverse collection of citizens' groups criticized what they saw as the potential for government oppression and invasions of privacy codified in the new law.

President Bush called the new law, "the most dramatic reform of our nation's intelligence capabilities since President Harry S. Truman signed the National Security Act of 1947.

"Under this new law, our vast intelligence enterprise will become more unified, coordinated and effective," Bush said. "It will enable us to better do our duty, which is to protect the American people."

But critics of the bill -- liberal, conservative and libertarian -- questioned one provision they said could greatly expand the government's ability to monitor and limit the freedoms of law-abiding citizens.

At issue is Section 1027 of Subtitle B of the National Intelligence Reform Act of 2004, entitled "Drivers Licenses and Personal Identification Cards."

That provision requires the Secretary of Transportation and the Secretary of Homeland Security to "establish minimum standards for driver's licenses or personal identification cards issued by a State" within 18 months after the enactment of the law. Licenses and photo IDs from states that fail to comply with the standards would not be accepted by the federal government for any purpose, including getting past airport security, entering a federal building or even claiming certified mail.

Peter Gadiel of 9/11 Families for a Secure America supported the provision. He and other survivors of those killed in the terrorist attacks agreed with the Kean (9/11) Commission's conclusion that the standardization of driver's licenses will make it more difficult for terrorists to again successfully attack on U.S. soil.

"The 9/11 Commission says it in black and white on page 390 [of its report] that the federal government should set standards for driver's licenses," Gadiel recently told reporters. [An unelected minority group of people who are overreacting and are obviously unaware of the consequences of this action. A Driver's License is just that - a license denoting a person's capability to drive a vehicle. ]

Proponents of Section 1027 said requiring uniform, basic information on driver's licenses was not the same as creating a national ID card issued by the federal government. But Jim Babka - president of DownsizeDC.org, a citizens' group that lobbies Congress to reduce the size of the federal government - disagreed.

"When you standardize everything, when the federal government sets all the rules and collects all the names in a federal database, it doesn't matter what entity actually hands you your card," Babka argued, "you've got a national ID card."

High potential for abuse, fraud, disclosures and mistakes

Babka warned that a national ID card system would have an inherently high potential for abuse, in part because the new law designates appointed officials, rather than elected representatives, to set the standards.

"You need a driver's license to purchase a gun from a dealer, you need it to travel on any form of public transportation, you need it to get a job, you need it to open a checking account, to cash a check, to check into a hotel, to rent a car, and to purchase cigarettes or alcohol," Babka explained. "So, if the federal government can set the standards so high as to deny you a driver's license or a photo ID, it's effectively turned you into a non-person."

Section 1027 supporters defended the law and pointed to the legislative mandate that the standardization regulations, "shall include procedures and requirements to protect the privacy and civil and due process rights of individuals who apply for and hold driver's licenses and personal identification cards."

But Larry Pratt, executive director of Gun Owners of America, took no comfort in that alleged protection.

"When the government says they're concerned about my privacy after they've just said I have to have one of their cards, somehow, that's not very reassuring," Pratt said.

"I still have a Social Security card that says, 'Not for Use for Identification,'" Pratt added. "Anybody who thinks that they are going to stop where they are doesn't understand 'mission creep' in government."

George Getz, communications director for the Libertarian Party, concurred.

"When they passed the Social Security Act, they said, 'Oh, my gosh, this will never be used for identification purposes,' and, who knows, maybe they meant it at the time," Getz speculated. "But that Social Security number has now, in effect, become a national ID number."

Babka said he believes even those who trust the government not to intentionally misuse the information collected in a national ID card database should still be concerned about the potential for highly personal information to be improperly disclosed.

"The danger of having this stuff collected on a list, especially a highly centralized list," Babka continued, "is that it will be much easier for someone to 'accidentally' end up with information that you wouldn't want getting out, that you wouldn't want your neighbors, your family or your friends to know about."

Laura Murphy of the American Civil Liberties Union said she fears mandating a uniform national ID standard could actually make it easier for terrorists to create their own fake identification documents and steal others' information.

"There's a problem with counterfeiting in this country and stealing someone's identity is a huge problem," Murphy told CNN/FN's Lou Dobbs. "And so if we can't even protect the $20 bill, how in the heck are we going to protect a national ID card?"

"This is not a way to reduce terrorism, since terrorists will always find a way to create fake identities," Getz said, echoing Murphy's comments. "That's exactly what happened with the 9/11 hijackers." [Terrorists bent on destruction do NOT need an ID in order to do so.]

Pratt pointed out another area of concern: Incorrect data could be accidentally or intentionally associated with an honest citizen's record in a national ID database. He recalled an incident in which security officials prevented Sen. Edward Kennedy (D-Mass.) from boarding a plane because his name was mistakenly placed on a "no-fly list."

"He was able to call the head of the appropriate agency, the Transportation Security Administration, and tell them to get his record straightened out," Pratt said. "Now, the rest of us may be able to finally buy the gun or get on the plane, but they won't clean up the data because the bureaucrats don't care.

"They're treating us as if we were a bunch of cattle to have a brand on our butt and a tag in our ear," Pratt concluded, "so that the government can know where we are at all times."

Law targets 'innocent' citizens, ignores terrorists, illegal aliens

Getz said the flaws with the legislation go even deeper than its potential for abuse, fraud, unintentional disclosures of personal information or mistakes. The law simply regulates the wrong people, he charged.

"Only the innocent will have to submit to this kind of government surveillance scheme, and that's exactly what's wrong with it," Getz said. "It targets the innocent and it certainly won't inconvenience terrorists one bit."

Babka said the issue comes down to one of simple statistics.

"Most of the people reading this are not terrorists. I'm not a terrorist and 99.99 percent of the population aren't terrorist[s]," Babka said. "But, this will affect 99.99 percent of the population.

"This is too much," Babka concluded, "this is overkill."

All original CNSNews.com material, copyright 1998-2004 Cybercast News Service.

[This article was written in 2004. Congress has refused to acknowledge the risks involved in this action which will enable identity theft to take place. The law may be passed next week - May 2005 - placing every legal citizen in America in jeopardy. Crooks will be very happy. Your social security number and personal information will be available to all.]