UnReal: What the New National ID Legislation Means for You
by Fabiana Furgal, 1L

October 18, 2007

Oct. 11, the American Civil Liberties Union of Ohio and nationally recognized privacy and technology law expert Raneta Lawson Mack presented a civil liberties briefing at Capital about the possible ramifications of a Real ID system in Ohio.

Mack, professor of law at Creighton University and the author of books and articles on both post 9/11 legislation and computer technology, spoke about the finer details of the proposed enhanced “Real ID” system of identification for the United States. Approximately 245 million licensed state ID holders will be affected by the implementation of the system, the effects of which will simultaneously afford the nation enhanced measures of security, while also threatening individual privacy across the country. Students and faculty at Capital were enlightened as to the potential effects of one such master ID system in the United States, raising more than a few eyebrows and questions.

Real ID, as proposed under the 2005 federal legislation, will require that citizens provide multiple government issued papers (like a birth certificate) to their ID offices which will be scanned and verified into a single information databank. The Department of Homeland Security has not indicated what will be the exact restrictions for those who are not card carriers. Capital faculty and students were particularly interested in how the restrictions would affect the legal community.

Refusal to acquire an ID will be a difficult option for lawyers. Admittance to any federal building such as a courthouse will be prohibited for those without a Real ID. Professors raised concerns about what will be the boundaries of the Real ID system and concerns about the legislation’s promotion of Federalism. Students differed vastly in their comments regarding the project. Some found it to be an unconstitutional infringement on individual privacy, and others found the need for better national security to justify the means. These students noted the fact that a national ID card is common in many European countries today, and that our current system of state ID’s is not sufficiently secure.

The cost of implementing this system will require $11 billion and 162 million hours of labor. Beyond the figures, Capital staff and students were most concerned with the project’s proposed invasion into individual privacy. This concern stems from the bar code found on each ID which will essentially serve as a nationwide tracking device for card carriers. The databases that will be compiled for each citizen will create increased risks for identity theft. This is due in part to the fact that all of one’s most private information will be readily available in one place to employees of the Department of Motor Vehicles, but also because this one database serves as a single hacking project for electronic criminals. Students who support the Real ID contend that the security benefits of the ID system, which will extend to both the state and federal level, outweigh the concerns of privacy invasion.

Mack instructed students and staff to contact their state and federal representatives with concerns about the Ohio Real ID legislation. To date, 17 states have enacted anti-Real ID legislation. If Ohio passes the Real ID legislation, the deadline for project commencement is May 11, 2008.