Real ID Act

Faculty in the News

POSTED SEPTEMBER 29, 2005

The Who, Why And How Of The Real ID

By Mark Mitchell

If you have read one of the numerous articles concerning the Real ID Act, or caught the talking heads on television, you are aware of the new federally-approved ID card that was signed into law by President Bush. In case you haven’t, beginning in 2008, the electronically-readable ID cards will be necessary for individuals who live or work in the United States and wish to open bank accounts, travel on airplanes, collect Social Security or use any government agency.

Appalachian State University criminal justice professor Matthew Robinson said concerns and questions still surround the Real ID Act, which was passed into law by President Bush earlier this year. Photo by Mark Mitchell

Basically, living without these cards is only an option for those who desire or need nothing from the federal government or any official agency. There is still an element of the unknown concerning the Real ID Act, such as whether current driver’s licenses can be conformed to a Real ID, or what requirements Homeland Security will impose for these cards, but one thing is sure … there are supporters and detractors. In an effort to better understand the Real ID Act, Appalachian State University criminal justice professor Matthew Robinson was consulted to better shed light on the issue.

Along with a breakdown of the legislation by Robinson, feedback from the community will appear as we attempt to go a little deeper into the dynamics of the Real ID Act.

“The origin of the Real ID traces back to 9/11,” said Robinson. “The 9/11 Commission recommended that the federal government take the lead in setting standards for the issuance of birth certificates and driver’s licenses. They maintained that the terrorists exploited our vulnerabilities in terms of the ease in which a person could acquire a state ID.

“The bill is logical in a sense, the 9/11 Commission did say to take steps in this regard, but they also said the ID’s are the last opportunity to stop terrorists. They are not the first, second, or third opportunities.”

The ASU professor said the new legislation will solve a few problems, but fundamental problems that led to 9/11 still exist.

“I think it’s admirable that Congress is trying, but they are not addressing some very real problems which led to 9/11,” Robinson remarked. “If you look at all the evidence and the failures, this solves like four of the problems. Problems such as the FBI and the CIA not sharing information, however, is a basic problem that is just as important to address.

“Early in 2000, the CIA was tracking Al-Queida terrorists in the United States, but told no one. While the CIA was tracking them, these terrorists lived openly in the country with their names in the phone book and bank accounts. Then in 2001, the FBI found out about the terrorists, but again, told no one. If America’s Most Wanted, airport security or local law enforcement agencies had been contacted, an arrest and subsequent interrogation may have stopped it all.”

In an effort to address the situation, the 9/11 Commission recommended that the government create a National Intelligence Director to oversee the CIA, FBI and other agencies to ensure that information is shared. According to Robinson, however, this is not mandated and a long history of distrust and disagreement between the agencies is still blocking the information flow.

The issue of information exchange aside, the political science PH.D. said there are positives and possible negatives to the Real ID Act.

“One positive,” said Robinson, “is that this creates one, centralized no-fly list. This list is needed to better secure the country. The bill also makes it harder for people to get away with forging birth certificates.”

More than 600 organizations have voiced concern with the legislation, ranging from the American Association of Motor Vehicle Administrators to the National Governors’ Association. Issues with the federally-approved ID cards are based upon privacy issues, identity theft and the cold, hard dollar.

“This is a threat to civil liberties and privacy,” Robinson remarked. “If a person gets on a plane and someone thinks they look suspicious, pulls them aside and takes their ID card, they now how access to information like bank accounts. Civil liberties groups see that as an invasion of privacy. The 9/11 Commission said the president should safeguard individuals’ privacy, and this ID strays from the 9/11 Commissions’ recommendation.”

Robinson also said the electronically-readable ID cards would lead to an enormous database of information, and this raises concern that hackers could steal information. A third problem deals with the fact the legislation is an unfunded mandate, meaning states will absorb the costs of implementation.

“The federal government has told the states that they must do this, but are giving no money,” said Robinson. “The costs could go to the public. So, instead of a license costing $15, it could theoretically cost a person $100.”

Passed earlier this year by both the House of Representatives and the Senate, before being signed into law by President Bush, 2005 was not the first time similar legislation has been attempted.

“Congress has tried to pass a form of a national ID in the past,” Robinson said. “It was attempted four times in the 70s’, once in the 80s’ and opposed by our presidents in the 90s’. (Jimmy) Carter, (Ronald) Reagan and (Bill) Clinton have all taken a stance against it in the past.”

As for the public, many individuals questioned about the legislation were not aware of the Real ID Act, but one ASU college student summed up the response given most often.

“I don’t like the fact that so much of my information will be stored on the card,” said Adam Stricker. “It seems to put our civil liberties into limbo. So, I would say I’m leaning toward not being in favor of it. But, at the same time, I have nothing to hide.”