A real bad ID lawGlobe Editorial
August 12, 2007
STATES ARE rebelling against the federal government over the Real ID law, which calls for states to develop highly secure drivers licenses and identity cards. The licenses and cards are meant to thwart terrorism and fraud by definitively proving that people are who they claim to be.
Instead, the 2005 law makes a promise of safety that's too good to be true, not least because the measure glosses over complicated technological problems that make its requirements difficult to implement. Congress should repeal the Real ID law and work with states to devise a better approach.
State officials damn the law for a variety of reasons. A common complaint is that Real ID is an unfunded mandate. States could face costs of more than $11 billion over five years, according to a survey of motor vehicle agencies that was jointly done by the National Conference of State Legislatures, the National Governors Association, and the American Association of Motor Vehicle Administrators.
The law also may represent a threat to privacy. It calls for a linked system of state databases, which some state legislators say would be a "picnic" for identity thieves.
Some officials even maintain that the law violates the Tenth Amendment to the US Constitution. The Constitution does not expressly let the federal government issue driver's licenses, so that power, they maintain, should be reserved for the states.
A showdown is looming. If the Real ID law stands, residents of states that refuse to comply wouldn't be able to use their driver's licenses as identification to engage in federally regulated activities, such as boarding airplanes or entering a federal court house. The law sets a deadline of May 11, 2008, though states could apply for a five-year extension.
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