Tag Archives: Real ID

Supreme Court Hearts Big Brother

Perhaps John Paul Stevens, 88 years old, just signaled that perhaps he is ready to retire, providing yet another reason why this is an incredibly important presidential election.

The Supreme Court just announced its decision (6-3) on Tuesday in the Voter ID case in Indiana, which promises to create some confusion in next Tuesday’s primary voting there. The Case focused on the state’s right to impose voter ID requirements on a voter’s constitutional right to vote. Unlike the literacy test and poll tax, which the Court has deemed to be unconstitutional, the Court this time sanctioned the states to suppress voting (disenfranchising voters) by requiring a government issue photo ID before casting a vote.

Problem here is that 18% do not have such photo identifications; 16% elderly voters do not have the required photo ID and 16% of voters without a college education do not have such a photo ID. Related problems include cost of the ID and cost of the secondary documents needed to get the ID.

In addition to suppressing votes, the photo ID requirement plays into a larger condition exacerbated by Bush’s America: namely a national ID narrative, and Orwellian surveillance state. The Real ID Act, enacted in 2005, requires a “national” drivers’ license that private corporations– like Accenture, Unysis– input personal biographical information into a national database, sells the data to other companies and advertisers as well as shares it with insurance companies and potential employers.

Important firewalls protecting private data are circumvented as individual voters and drivers lose control over their own personal info. In addition, persons and groups of people (like the poor, black and elderly) who are not included in the data base, even more insidiously become the excluded other in society.

The bottom line is that you ain’t nobody in this new world, if Acenture or Unisyss don’t know your bio and medical condition, and if they don’t have your information, you can’t vote, and are not considered a citizen. Is this what Jefferson wanted?

McCain to bank on Real ID, a loser in California

Roger Simon writes in Politico that if John McCain wins California in the fall, he wins the presidency, and that he could win California by assuming a strong anti-immigrant stance in the state.  Specifically, Simon focuses on the drivers’ license issue for undocumented workers, which originates in a provision from the 2005 Real ID Act.  

Posturing aside, McCain would still lose California by assuming the tom tancredo/duncan hunter mantle. Here’s why. California no longer opposes drivers licenses for undocumented immigrants, as it might have a couple years ago.

Reality has intervened. Governor Schwarzenegger has realized that the Real ID drivers’ license is a stalking horse for a national id card, and that Californians do not want a national id card, which enhances the frequency of identity theft and enables the routine tracking of individuals.  The governor has been made aware of the prospect of incredible bureaucratic nightmares resulting from Real ID, which the state, in large part, will have to pay for. 

In fact, the state of California recently requested an extension from DHS, which the guv carefully suggested did not mean the State would eventually comply with Real ID, which holds the drivers’ license provision in question. In its letter to DHS, the State (DMV) said,

“California, along with forty-five other states, requested an extension of the initial implementation date, which clearly highlights the complexities of the unresolved issues. While we acknowledge that a workable REAL ID program may create positive results, a significant number of outstanding issues need to be addressed before we can make any kind of recommendation to our Administration regarding implementation of REAL ID in California. California?s request for an extension is not a commitment to implement REAL ID, rather it will allow us to fully evaluate the impact of the final regulations and precede with necessary policy deliberations prior to a final decision on compliance.”

 Things– like the reality of governing– have a way of changing superficial posturing.   So let McCain claim the position that Schwarzenegger held two years ago, which is a lifetime in politics.   It’s a bankrupt anti-immigrant/ pro surveillance society posture, a sure loser.

The Bush-Chertoff Coup at the Mexican Border

When Congress enacted the Real ID Act in 2005, few people appreciated just how radical a piece of legislation this was. Yes, it introduced a drivers’ license data base that many folks astutely compare to a national ID card.  It also threatens to create havoc on the roadways by denying undocumented immigrant drivers a chance to get a drivers license and insurance which comes in handy in case of a car wreck.  Real ID also incongruously included provisions that would strip the federal courts of jurisdiction over immigration matters, which creates a damning tilt toward unfettered executive powers over immigrants.  

I thought all this qualified Real ID as one whopping, dangerous piece of law.  But just today,  additional horrors of Real ID were revealed: a coup at the border.

It was announced that section 102 of the Real ID Act provides the justification DHS Secry Chertoff says he needs for DHS to waive about 36 existing (mostly environmental and land management) laws enacted by Congress that pertain to DHS efforts to construct a border fence (18 foot steel and concrete) along the US-Mexico border from California to Texas.

As of today, the rule of law, and separation of powers no longer apply to the DHS’s SBInet efforts to construct a border industrial complex.  The rule of law would take too long, Chertoff suggested today,  and would slow efforts to stop “illegal immigration,” an occurrence ongoing since the 1848 Treaty of Guadelupe Hidalgo, and regulated since the 1924 creation of the US border patrol.  According to Chertoff, “Criminal activity at the border does not stop for endless debate or protracted litigation.”

As reported in the Earth Times, Rodger Schlickeisen, president of Defenders of Wildlife laments:

“Thanks to this action by the Bush administration, the border is in a sense more lawless now than when Americans first started moving west….”Laws ensuring clean water for us and our children — dismissed. Laws protecting wildlife, land, rivers, streams and places of cultural significance — just a bother to the Bush administration. Laws giving American citizens a voice in the process — gone. Clearly this is out of control.” 

How to make sense of the border coup?  I suggest considering the following: 1) the clock is ticking on an Administration whose border control policies have sucked as much as its other failed neo-con policies . 2) Abiding the rule of law is time consuming.  3) Bush’s unitary executive power theory suggests he need not so limit himself to the rule of law;  4) Bush business cronies at Boeing, the recipient of the $67 million contract to build the failure of a virtual fence project, also provides the steel for the physical fence, and along with several other SBInet firms, Boeing manages, oversees (itself a shameless contradiction) and consults on the construction of the physical border fence and other SBInet activities.  Getting the fence in the ground before the next Administration takes over is the surest way to avoid cancellation of this projected $49 billion fence boondoggle.

Who wins?   Boeing and other Bush corporate cronies (SBInet firms) and remaining neo-cons who still wrongly insist 9/11 hijackers crossed the border. 

Who loses?  all law abiding citizens; all people who believe in the constitution; all border residents, particularly land owners of mostly modest means; all immigrants

In addition to all adherents of the rule of law, the most immediate losers here include all the American people who collectively are proprietors of the national and state park lands, and wildlife preserves (including the San Pedro River in Arizona) that are going to be destroyed by the fence. In addition,  DHS is forcibly removing individual middle class and poor families who own property along the targeted path of the coming fence.  The govt. has already sued more than 50 property owners in South Texas to gain access to the land.  Now, DHS no longer need wait out such nuisances as damage assessments, court hearings and other due process entanglements.  

Accenture Distorts Reality about Real ID (revised)

In today’s Baltimore Sun (2/14/08), two letters to the editor appear which challenge my Sun column of 2/7/08, “Making Real ID Real.” Hey, I’m glad to see folks reading the column and I enjoy a lively debate But, the letters make misleading claims about an important issue dealing with immigrants and immigration control, so I respond below.

RE: the first letter, Accenture’s PR machine whipped off a quick letter to the editor to suggest my column was “factually inaccurate.” The pr machine’s response manipulates what the column says and is misleading (surprise!).

Here’s everything I wrote about Accenture…

“It is interesting to note who profits from the hype surrounding programs such as Real ID. Security management companies whose lobbyists are former Department of Homeland Security officials have a clear upper hand when it comes to getting contracts and lobbying the government for more outsourcing opportunities.

Such security management leaders as Accenture Ltd., Digimarc Corp., KPMG’s BearingPoint and Unisys have profited from the increasing “securitization” of immigration control and driver’s licenses. In 2004, Accenture received a $10 billion DHS contract for the US-VISIT program, a border control system, and the company is a leading contender for Real ID contracts to privatize state motor vehicle departments.

Accenture and the others have also profited from the “virtual fence” that socially controls U.S.-Mexico border crossers by tracking them long after they cross. And according to Washington Technology, these companies “are tracking opportunities in state motor vehicle IT system upgrades worth about $500 million to $700 million in the next two years.”

This is the Accenture response,

“In his column “Making ‘Real ID’ real” (Opinion • Commentary, Feb. 7), Robert Koulish makes a reference to Accenture that merits correcting.
Mr. Koulish’s claim that “Accenture and the others have also profited from the ‘virtual fence’ that socially controls U.S.-Mexico border crossers by tracking them long after they cross” is factually inaccurate.
Accenture has never been involved with any government program that tracks visitors after they enter the country.
However, by establishing minimum security standards for state-issued driver’s licenses and identification cards, governments can help reduce counterfeiting and fraud.
This can help make driver’s licenses a more secure and trusted identity credential – an outcome that will benefit all Maryland and U.S. citizens.
Peter Soh Reston, Va. The writer is director of media relations for Accenture.”

Three important points here:

First point: According to Soh, “Mr. Koulish’s claim that Accenture and the others have also profited from the ‘virtual fence’ that socially controls U.S.-Mexico border crossers by tracking them long after they cross” is factually inaccurate.”

So, do they profit? Yes. Big Time. Accenture has had banner years since contracting with DHS. They reported revenues of $19.7 billion in 2007, and according to Wikipedia, “is one of the largest computer services and software companies on the Fortune Global 500 list.”

Second, does the virtual fence socially control US border crossers long after they cross? Yes, conceptually and when operationing. Accenture is integral to the virtual fence, US-Visit and Real ID. These are integrated programs that are intended to be part of a more comprehensive immigration control industrial complex that socially control immigrants and citizens inside this country.

Third, is Accenture involved with any government program that tracks visitors after they enter the country?
Perhaps we can wordsmith over what Accenture is saying here, but I take it to mean that US-VISIT, the virtual fence and Real ID, all of which involves Accenture does not track visitors (tourists? temporary workers? students?), and this is flat out wrong. The linkages among these to-be integrated programs won’t function without tracking capabilities.

Given Accenture’s role, its efforts to deny that it is involved in tracking people are manipulative and misleading. Hey look at it this way. Accenture has everything to do with tracking. I just googled the words ‘accenture’ and ‘tracking’ and came up with 414,000 hits. Seems silly to deny their role.

Any validity at all to Accenture’s response? Only if accenture were to concede their own failure to implement US VISIT (see GAO Rpt 06-318T). Perhaps they have some work to do to be effective trackers and social controllers of immigrants and citizens, but their DHS contracts demand a good faith effort.

Consider that the virtual fence proposes to monitor people as they enter and as they exit. The point is to get to people who fail to exit (visa overstays), to find them, apprehend them and remove or fine them.

Next, Real ID will play an integral role in the virtual fence concept. It will create a national database that registers the immigration status and other personal info of every individual who applies for a drivers’ license. Given DHS Secry. Chertoff, has stated that this information will go to federal immigration authorities, it doesnt take much to assume the data Accenture will gather and control, will be enlisted in efforts to “socially control() U.S.-Mexico border crossers by tracking them long after they cross”

Also consider that Accenture has also been a leading advocate of the use of RFIDS, which by design, tracks and monitors people and products. In the commrcial sector, it does this to help advertisers keep close tabs on the likes and dislikes of consumers. When RFID technology is used to further public policy objectives, like working with the DHS and ICE, the result is the tracking and social control of people in this country. let me know if you can think of any other purpose?

Next, is a letter from Brian Zimmer, president of the Coalition for a Secure Driver’s License.

Zimmer says, “In his column “Making ‘Real ID’ real” (Opinion • Commentary, Feb. 7), Robert Koulish ignores the increased personal privacy protections incorporated in the Real ID regulations recently issued by the federal government.”

I believe Zimmer doesn’t take into account existing accounts of these new references to privacy. If he did, he would agree they are superficial and inadequate.

According to Barry Steinhardt, Director of the ACLU’s Technology and Liberty Program, of the final regs., “But the close, issue-by-issue analysis of the regulations we carried out for this scorecard reveals that Real ID’s problems remain unresolved.”

And,

Sophia Cope, staff attorney from the Center for American Progress, similarly says that the final regulations, “fail() to acknowledge that the REAL ID Act seriously threatens privacy and civil liberties on a national scale.”

“If run by a private organization, as is the current commercial driver’s license database, federal privacy and security laws may not apply, nor would the much-touted, though still weak, Driver’s Privacy Protection Act, which only regulates how state motor vehicle departments disclose personal data to government agencies and commercial entities.”
Cope continues, “Thus no robust legal framework exists to protect the personal information that would be held in the centralized ID system envisioned by DHS from misuse by government and business. Allegedly, the Department of Transportation and other federal agencies already regularly access the privately managed commercial driver’s license database with virtually no oversight.”

So in closing here, a close analysis of the final regulations and a broader understanding of Real ID make a compelling case that privacy concerns remain a big worry for Real ID.

Making ‘Real ID’ real

by Robert Koulish
Februry 7, 2008

Gov. Martin O’Malley’s decision to cooperate with the Bush administration on Real ID is a mistake.

The decision turns clerks at Maryland’s Motor Vehicle Administration into immigration officers, forcing them to ask prospective drivers about their immigration status and then assess the validity of documents – a troublesome chore even for well-trained immigration officers.

Moreover, Real ID will push illegal immigrants further into the shadows, where they will be deterred from reporting crimes to police or using emergency rooms. Because those who drive will not have a license or liability insurance, the risk for all drivers will likely increase.

Although anyone who fails to carry a Real ID will find it difficult to function in society, most “suspects” under the program will be nonwhite. According to the Electronic Privacy Information Center, “There would be intense scrutiny of and discrimination against individuals who chose not to carry the national identification card and those who ‘look foreign.'”

Although the Bush administration labels opponents of Real ID as anti-security, the program likely will lessen security by making databases of personal information accessible to third parties and vulnerable to data theft. Further, the underfunded federal mandate of Real ID will force Maryland to divert millions of dollars from the state’s starved homeland security budget, diminishing homeland security preparedness.

It is interesting to note who profits from the hype surrounding programs such as Real ID. Security management companies whose lobbyists are former Department of Homeland Security officials have a clear upper hand when it comes to getting contracts and lobbying the government for more outsourcing opportunities.

Such security management leaders as Accenture Ltd., Digimarc Corp., KPMG’s BearingPoint and Unisys have profited from the increasing “securitization” of immigration control and driver’s licenses. In 2004, Accenture received a $10 billion DHS contract for the US-VISIT program, a border control system, and the company is a leading contender for Real ID contracts to privatize state motor vehicle departments.

Accenture and the others have also profited from the “virtual fence” that socially controls U.S.-Mexico border crossers by tracking them long after they cross. And according to Washington Technology, these companies “are tracking opportunities in state motor vehicle IT system upgrades worth about $500 million to $700 million in the next two years.”

For each program, these companies would scan passports and visas into a massive database of information, which the Center for Digital Democracy reports would consist of Social Security numbers, phone numbers, residence addresses and even medical histories – all without privacy protections. The security management industry is not responsible for lost or inaccurate data, or information that ends up in the hands of unsavory third parties. It is not bound by the dictates of the Freedom of Information Act, and nothing in the law prevents it or the MVA from sharing personal data with other government agencies, private employers or insurance companies.

Further, Real ID reduces judicial authority to review important immigration-removal decisions. This unaccountable mess also violates the spirit of the Privacy Act of 1974, which requires that individuals must have control over their personal information. Regrettably, DHS’ final regulations for Real ID, issued Jan. 11, fail to make the Privacy Act binding on this program.

Once again, illegal immigrants are the scapegoats. They have been driven off the road this time to advance a neoliberal political agenda bent on hollowing out government services and advancing Orwellian strategies of surveillance and control by private means and without judicial scrutiny.

Mr. O’Malley’s progressive vision for the state on other matters will be severely compromised by this wrongheaded decision about Real ID.

Robert Koulish, a political scientist and France-Merrick professor of service learning at Goucher College, writes often about immigration. His e-mail is rkoulish@goucher.edu, and his blog is https://koulflo.wordpress.com.
Copyright © 2008, The Baltimore Sun