Last month the Washington DC news included a piece about SAIC, a
government contractor, which had the contract to operate the Personnel
Office at Fort Myer, Virginia, home of the Army's Old Guard regiment
charged with protection of the Capitol zone.  SAIC hired a man without
doing a background check which would have indicated he had a lengthy
criminal record partly involving ID theft.  The man was put to work
producing smart chip ID cards for military and civilian personnel.  On
the side he sold quite a few of the cards, complete with
identification data from real cards, to friends and others for cash
and drugs.  A story with direct bearing on Clarke's comments about
trust below.

Clarke's point about the appointees to the Privacy and Civil Liberties
Oversight Board is well taken.  The legislation was passed and signed
last August but no one has yet been appointed to the board by Bush who
instead issued his own Executive Order Establishing the President's
Board on Safeguarding Americans' Civil Liberties dated August 27, 2004
(http://www.whitehouse.gov/news/releases/2004/08/20040827-3.html). Its
membership is made up mostly of high officials who would be most
likely the ones to be investigated in any high level civil rights or
privacy scandal. 

Meanwhile, the PCLOB languishes; a board with no members, good or bad,
provides zero oversight.  

David Bier

http://www.nytimes.com/2005/03/06/magazine/06ADVISER.html

March 6, 2005
THE SECURITY ADVISER
Real ID's, Real Dangers
By RICHARD A. CLARKE

Have you ever wondered what good it does when they look at your
driver's license at the airport? Let me assure you, as a former
bureaucrat partly responsible for the 1996 decision to create a
photo-ID requirement, it no longer does any good whatsoever. The ID
check is not done by federal officers but by the same kind of
minimum-wage rent-a-cops who were doing the inspection of carry-on
luggage before 9/11. They do nothing to verify that your license is
real. For $48 you can buy a phony license on the Internet (ask any
18-year-old) and fool most airport ID checkers. Airport personnel
could be equipped with scanners to look for the hidden security
features incorporated into most states' driver's licenses, but
although some bars use this technology to spot under-age drinkers,
airports do not. The photo-ID requirement provides only a false sense
of security.

Congress is debating the Real ID bill in part because many states have
been issuing real driver's licenses, complete with the hidden security
features, to people who have established their identities using phony
birth certificates or fake Social Security cards. Indeed, some 9/11
hijackers obtained real driver's licenses using false documents. The
Real ID bill has, however, provoked negative reaction from those who
think it has little to do with terrorism and a lot to do with making
life difficult for illegal immigrants. While the bill has passed the
House, it faces difficulty in the Senate. If portions of it do pass,
it will mean that the next time you apply for a driver's license, you
may need substantial proof that you are who you claim to be.

The Real ID legislation has caused the right and the left of the
political spectrum to worry again that a national ID card is in the
offing. Since we use licenses as de facto national ID's now, we should
make them difficult to counterfeit and relatively easy to verify. With
existing technology, that can be done. The Homeland Security
Department is testing ''smart cards'' (credit-card-size devices with
computer chips and embedded biometric information, like fingerprints)
for all workers in the transportation industry and is also
experimenting with voluntary smart cards for expedited passage through
airport security. President Bush has directed that all federal
employees, starting later this year, carry smart cards for access to
federal buildings and computer networks. Industry analysts estimate
that tens of millions of Americans will be using government-issued
smart cards in a few years.

Should we feel safer or be concerned about Big Brother government and
the loss of privacy? Since we are already widely using
government-issued ID's for a variety of purposes, employing cards that
are difficult to counterfeit seems on its face like a good idea.
Verifiable, secure ID's will certainly reduce some crimes (nine
million Americans were victims of identity theft last year, according
to the Federal Trade Commission) and may create an impediment to
terrorism. I would voluntarily give up credit and other information
for a card to avoid long airport lines, but I am not sure the Internal
Revenue Service should have access to that data. Moreover, the
government's performance to date with anti-terrorism laws does not
inspire trust; the new authorities in the Patriot Act, which we
readily gave the government to fight terrorists, are now being used
for a variety of other purposes. For example, reports suggest that
federal agents have been persuading courts to order that personal
records be turned over regardless of whether there is any suspicion
about the person involved and regardless of whether the crime being
investigated is linked to terrorism.

If Americans are going to have to carry smart cards, we will want
fellow citizens whom we trust ensuring the data collected are not used
by the wrong people or for the wrong purposes. Technology will not
help us there; we will need strict privacy rules, truly independent
oversight and tough punishment for government abuse. Only then will we
be comfortable using the new security technologies, which actually can
make us safer. The National Intelligence Reform Act of last year
provided for a new Privacy and Civil Liberties Oversight Board, which
could do the necessary work to restrain the government's tendencies to
overreach. The quality of President Bush's nominees for that board
will show how serious he is about protecting freedoms in America while
he is promoting them abroad. 





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