Who Needs A No-Fly List When You Can Just Ground 91 Million Citizens?
from the you-know-what-a-valid-driver's-license-is-good-for?-DRIVING,-citizen. dept
Great news for people who think there's just too damn much freedom in this country: the government's "no-fly" list is about to get much, much longer.
The citizens of several US states may soon find that they can't use their drivers' licenses to get into federal facilities or even board planes.For the residents of Alaska, California, Illinois, Missouri, New Jersey, New Mexico, South Carolina, Minnesota and Washington (along with American Samoa, Puerto Rico, Guam and the Virgin Islands), this means their ID cards are perfectly legal within those states, but only as long as they stay in those states. (And, apparently, never need to enter a government building -- like, say, to acquire a new, compliant ID card).
Enforcement of a 2005 federal law that sets identification standards, known as "Real ID," has been long-delayed. But now Department of Homeland Security officials say enforcement is imminent. The "Real ID" law requires states to implement certain security features before they issue IDs and verify the legal residency of anyone to whom they issue an ID card.
States that have not complied with the REAL ID Act -- including Missouri and Minnesota, which both passed legislation telling the federal government to take a hike -- will not be granted extensions. Residents in those states will now unofficially join countless others on the government's "can't board a plane" list. On the bright side, they'll at least have some idea as to why they've been denied access, but will be similarly limited in their redress options. (Move to another state?)
The rationale behind the law -- which carries with it privacy-undermining data sharing requirements -- is, of course, terrorist-related.
The statute is in part a response to the suggestion of the 9/11 Commission, which noted that four of the 19 hijackers used state-issued ID cards to board planes.Not that the new law would prevent the same thing from happening. It may make it slightly more difficult to do so, but it's not as though a halfway decent fake wouldn't fool our nation's crack team of under-qualified security guards, who seem much more interested in dumping out breast milk and feeling up people with medical conditions. For that matter, it's been proven more than once that having an approved government ID really isn't integral to the boarding process.
There are other options available for residents of these states, should the TSA move forward with enforcing the REAL ID law. (The DHS has suggested it won't be waiting around for the holdout states and territories.) But these options are mostly useless. The New York Times reports people will be allowed to present other government-issued ID, like passports -- something domestic travelers rarely carry with them.
The federal government is now forcing states into compliance with the law by using the sort of leverage it never should: its constituents. It's robbing law-abiding citizens of the ability to board airplanes or enter government buildings to force states to fall in line.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: dhs, drivers' license, homeland security, identification, no fly list, privacy, real id, states
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
One positive. I won't have to worry about serving on Federal juries. If they won't let me in the Federal Courthouse because my OK driver's license doesn't meet their magic standards, I can't serve.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
And yet, he still can't serve on the jury - and neither can anyone else in the area.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Federal hypocrisy
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Govt: You see, it seems the Constitution is preventing us from doing our job so let's just shred it. Good, law abiding citizens don't need such things, right?
[ link to this | view in chronology ]
Re:
After the shoe bomber made his attempt and we suddenly all had to take off our shoes to board an airplane, the popular joke was that "it's a good thing he didn't have the bomb in his underwear."
So much for that.
My prediction for the next trope: Claims of a app that causes iPhone batteries to explode. Not real of course, but the TSA won't allow you to take your iPhone on a flight. Unless you unlock it and let them image the contents for examination.
[ link to this | view in chronology ]
Re:
You can be held indefinitely without any justification, but upon the mere accusation from the right person that you might be a terrorist.
Your property can be relieved from you at any time by any law enforcement official without just cause through civil forfeiture.
You can be charged and denied legal counsel because you are too rich while the government or IRS completely seizes ALL of your financial assets effectively leaving you defenseless.
You CAN be silenced with either a Court Gag order or NSL, or secret stamp on any object! You have NO 1st, 2nd, 4th, 5th amendment rights in line at the TSA.
You can have your guns removed from your person or property by law enforcement without even probable cause.
In short EVERY Amendment to the Constitution has been suspended by various agencies in one form or another, and SCOTUS has already declared anything within 100 miles of the border a constitution free zone with affects just a touch over 50% of the US population.
Maybe you don't get it, but the constitution is already dead and YOU just like ME long with the REST of US will receive just exactly the RIGHTS "THEY DECIDE" TO LET US HAVE!
And at the end of the day, a cop can waste your ass if they just don't like you and EVERYONE in the court system will accept their words "that you threatened them justifying their actions" over irrefutable video evidence!
[ link to this | view in chronology ]
Re: Re:
so -you know- anything goes...
um, for our own good, and shit...
'cause, um, national sekurity and terrorists and shit...
now, shut up, sheeple, and chew your cud...
[ link to this | view in chronology ]
Re:
http://www.wired.com/2013/08/student-rfid-chip-flap/
[ link to this | view in chronology ]
[ link to this | view in chronology ]
So what of the fifteen of 19 that didn't?
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re:
For how many of the 15 was "fake id" even an issue?
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
After reading a bit about it, it seems like it was passed as a rider on another must-pass bill. How unsurprising. It seems like all the most unfavorable laws are being snuck in must-pass bulls as riders. This needs to be outlawed asap.
[ link to this | view in chronology ]
Re: Re: Re:
Yes, the trend is disturbing and IMO a real threat to democracy. This and CISA never even got a debate on the floor!
[ link to this | view in chronology ]
Re: Re: Re:
It's already illegal for a bill to be about more than one issue. Guess who decides whether a bill is about more than one issue?
[ link to this | view in chronology ]
Re: Re: Re: Re:
[ link to this | view in chronology ]
Re:
That's the sort of thing that makes credible news sources - that want to remain credible - stop talking about it.
Nor was noncompliance to be a major issue; when Congress passed the 2005 Real ID act they insisted compliance by states would be voluntary.
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
I can't wait for my next flight out of SeaTac
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
I imagine any RFID devices would be geshtupfed by the Magnaflux as well...
[ link to this | view in chronology ]
Re: Re: Re:
Maybe depends on how strong the field is.
https://www.schneier.com/blog/archives/2006/01/rfid_zapper.html
[ link to this | view in chronology ]
Re: Re: Re:
Depends on the type of RFID, transmitting vs. receiving. An outfit I worked with was using RFID keys which were essentially high tech radio antennas. A base station transmitted a signal then reported back which keys had been detected within range of the transmitter. The keys themselves were otherwise inert.
[ link to this | view in chronology ]
Re: Re: Re: Re:
Yes, but put enough current through it and it will still fry. The question is, how to do that? Certainly a microwave oven will do it, and apparently a strong enough magnet can induce enough current to destroy the antenna too.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re:
Wierd. I first started out thinking of keys which just stored a value via stored magnetic charge vs. antenna based, and you take it back around that way via antennas.
A powerful magnet is a great way to wipe the contents of any magnetic storage medium, from RFID keys to hard drives, but it'd take a pretty powerful magnet to fry an RFID antenna, though I suppose not impossible.
[ link to this | view in chronology ]
Re: Re: Re: Re: Re: Re:
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
I wonder how many people have boarded plans since 9/11 with state-issued ID cards...and nothing happened.
[ link to this | view in chronology ]
I fully understand the privacy argument. But you also need to look the massive amounts of fraud taking place. Now that 200 million voting records are out in public, it won't take long for our elections to be compromised. Once you understand both sides of the argument, then you can decide.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
As a Minnesota resident...
[ link to this | view in chronology ]
Re: As a Minnesota resident...
[ link to this | view in chronology ]
Re: Re: As a Minnesota resident...
"Your papers! They are not in order!"
[ link to this | view in chronology ]
Re: As a Minnesota resident...
From what I understand, the enhanced DL looks different from the standard DL in Minnesota, and people have been accused of having a fake DL because they had an enhanced one. That has to have been fixed by now, but I am still seeing people complain about it.
[ link to this | view in chronology ]
Re: Re: As a Minnesota resident...
[ link to this | view in chronology ]
Re: Re: Re: As a Minnesota resident...
The problem, at least from what I read, was that it was thicker than the normal license (since it had a RFID chip,) and less flimsy. And while it looked on the face like a Minnesota DL, it didn't feel like one. One article I read said that someone with an enhanced DL had six security guards at a casino detain him and question him, only to be released when a police officer showed up and verified that it was a real DL.
[ link to this | view in chronology ]
Obviously...
Does anyone seriously tihnk this is going to happen? At the very least, the airlines would not stand for losing a third of their customers. (And primarily it seems, ones who live too far to drive to the popular destinations.) It will be interesting if it comes to local national guard being called out by the governor to force TSA to let people into airports and onto planes. Methinks the feds will cave before then.
This is an example of the political problems in Canada. When a government gets a parliamentary majority, it is a law unto itself for five years. Typically, the only real restraint is the array of provincial governments with contrary agendas. When the feds tried to enforce a long-gun registry for example, several provinces refused to implement the necessary pieces. Finally, it seems the USA needs to use states as a counter to a totally disfunctional congress.
[ link to this | view in chronology ]
Re: Obviously...
[ link to this | view in chronology ]
Re: Obviously...
You state an instance of consistency which doesn't exist. When I moved from one province to another, I was told to identify myself with the (federal) Employment Insurance scheme to get my "proof of S.I.N." (Social Insurance Number) so I could then find employment in that province. This federal agency wouldn't accept a Canadian passport it had issued as valid ID. They insisted instead on a provincially issued birth certificate (which anyone can buy through the mail).
[ link to this | view in chronology ]
Even having a "real ID" does no good when the TSA claims your Washington DC issued drivers license is no good.
http://www.usatoday.com/story/news/nation-now/2014/07/16/tsa-dc-license-orlando-airport/1272241 5/
[ link to this | view in chronology ]
A New jersey resident can fly to Disney land but
wont be allowed to fly back due to lack of proper ID ?
Well kids you got your wish
DISNEYLAND FOREVER
[ link to this | view in chronology ]
Clickbait-y
Yes, some state IDs will no longer be accepted because in the eyes of the federal government they no longer are secure enough to verify someone's identity. You'll still be able to fly though, it's just a little longer to get through security.
[ link to this | view in chronology ]
Re: Clickbait-y
https://www.tsa.gov/travel/security-screening/identification
I live in one of the states on the shit list, or one of the states that gave the feds the middle finger, whatever your point of view is. Word is the TSA will begin enforcing the federal ID rules sometime in 2016.
[ link to this | view in chronology ]
Re: Re: Clickbait-y
[ link to this | view in chronology ]
Re: Clickbait-y
[ link to this | view in chronology ]
Blood donor card
[ link to this | view in chronology ]
Cast Off the Repressive Yoke of US government Tyranny
The federal government's point is?
From The National Commission on Terrorist Attacks Upon the United States (aka 9/11 Commission) report:
Twenty-two of the 23 hijacker applications were approved. 205 ~ Staff Statements: Monograph on 9/11 and Terrorist Travel, Chapter 2, Chronology (page 29).
http://govinfo.library.unt.edu/911/staff_statements/index.htm
http://www.9-11commission.gov/staff _statements/911_TerrTrav_Ch2.pdf
All of the terrorists involved in the US terror attacks of 11Sept2001 had visas approved by the US Department of State.
Does this mean that the validity of all passports and visas issued by the US government should now be in question and all persons in possession of such documents be forbidden the freedom to travel?
The US government demanding of it's citizens, under penalty of loss of freedom to travel, the use of new and so-called improved form of identification is simply another mechanism of control being set into place by a totalitarian government in fear of it's own citizens.
How is the water frogs?
Revolt Slaves, Revolt!
[ link to this | view in chronology ]
California
California knows this, which puts the DHS on a weak footing. The consequences of enforcing this ID requirement are too much.
[ link to this | view in chronology ]
120 day notice
[ link to this | view in chronology ]
Re: 120 day notice
[ link to this | view in chronology ]
The Donald
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
[ link to this | view in chronology ]
The basic revolt was so bad by states not taking up the bait of piece meal funding that the feds decided to extend the implementation time, praying that some one would eventually develop the system.
Now that they have a sucker who did, it's time to put on the squeeze for the rest of them to fall in line.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Who knew the US had a Schengen Agreement?
For years American (as in U.S. of A.) citizens have enjoyed the freedom to travel between states without presenting papers. After realizing that the The Articles of Confederation [or what Europe is presently trying with the European Union] wasn't working, we got that shiny new fangled Constitution. Sure there were some dark times; slavery, civil war, commies, but for the most part people were free to travel between states without any form of government issued ID.
I guess we'll all have a nice story to tell our grandkids, how back in the day you could travel from one end of this country to the other with nothing more than the clothes on your back.
Sure, it's only about boarding airplanes, now. Next it'll be trains, and boats, and buses, and cars. Finally, even walking across a border will require the proper government approved ID.
Just look at how many governors [granted, mostly republican governors at the moment, but have you seen the current republican presidential candidates?] want to dictate just which immigrants should be allowed in their states?
On the bright side, once everyone has their passport we can try to get all 67 stamps, 50 states, 16 territories, and the District of Columbia. It'll be even better than collecting all of those state quarters.
[ link to this | view in chronology ]
Re: Who knew the US had a Schengen Agreement?
Sadly, it looks like that prediction is still on track for becoming true...
[ link to this | view in chronology ]
Wow
91 million people didn't lose a right to travel. That's crap. 91 Million people live in states which refuse to properly control and administer their ID systems in a manner that makes them meet a standard published more than 10 years ago.
If you want to lay the problem somewhere, lay it at the feet of the states who refuse to offer proper and complete services to their citizens. They had 10 years to get their shit together, and failed in a massive, massive way.
[ link to this | view in chronology ]
Re: Wow
[ link to this | view in chronology ]
This is revolting
[ link to this | view in chronology ]
Here is the Complete List from the DHS
http://www.dhs.gov/current-status-states-territories
[ link to this | view in chronology ]
I am so disappointed in the Second Amendment Crowd
You're going down, humanity!
[ link to this | view in chronology ]