*And Now For Our 'Other' Nightmare: New Real I.D. Rules To Limit Your
Movements Starting May*

By Ryan Singel

Come May 11 this year, Georgia and Maine residents without passports may
not be allowed into federal buildings and the lines at
Hartsfield-Atlanta airport could stretch to Alabama, according to
federal rules designed to morph state driver's licenses in a national
identification card that were released Friday.

The Department of Homeland Security announced the final regulations
Friday that implementing the Real ID act, legislation that requires
states to standardize their driver's licenses, forces current license
holders to re-apply with certified copies of birth certificates and
marriage licenses, and penalizes states that don't comply by making
their licenses unacceptable for federal purposes, such as entering
Federal buildings. Without any hearings, the measure was slipped into a
must-pass military spending bill in 2005 by Congressman James
Sensenbrenner (R-WI).

Eight states have already passed legislation opting out of the program,
saying the costly program infringes on privacy and states rights. DHS
originally estimated the cost of the program at $20 billion, but used
creative math to slash that estimate by 73% today. Today's estimate said
the change would cost states $3.8 billion, and individuals $5.8 billion.
The federal government has only authorized $80 million in earmarked
funds for the states, but says states can raid their state grant funds
to get at another $280 million dollars.

Homeland Security head Michael Chertoff said the regulations would make
the country safer.

"For about $8 per license, Real ID will give law enforcement and
security officials a powerful advantage against falsified documents, and
it will bring some peace of mind to citizens wanting to protect their
identity from theft by a criminal or illegal alien," Chertoff said.

The regulations suggest the money is well spent since the licenses will
prevent teen smoking and welfare cheating:

    It will be more difficult to fraudulently obtain a legitimate
license and more costly to create a false license, which could reduce
identity theft, unqualified driving, and fraudulent activities
facilitated by less secure drivers' licenses such as fraudulent access
to government subsidies and welfare programs, illegal immigration,
unlawful employment, unlawful access to firearms, voter fraud and
possibly underage drinking and smoking.

What Chertoff didn't say is that Real ID will make every current license
holder have to re-acquire certified breeder documents and go to the DMV
in person -- possibly multiple times -- to get their Real ID.

Today's regulations also say the federal requirements go into effect on
May, 11 2008, but that states can apply for a waiver letting them
putting off production until 2010.

But what about states that ask for a waiver with no intention of
actually implementing the requirements?

According to a DHS spokeswoman, no application for an extension will be
accepted unless the state promises it is trying to comply.

The Transportation Security Administration's rules requires that an
airline traveler show a valid government identification document or go
through a pat-down and intense bag-screening process.

If by May, Georgia hasn't changed it mind and the feds don't blink, the
nation's busiest airport -- Hartsfield-Atlanta airport -- will have
security lines that last for hours. If a federal court house did not let
a state resident get to his court date or prohibited someone from
getting into a Social Security office, lawsuits and a storm of
unflattering news stories will surely follow.

The ACLU's Barry Steinhardt says that's not going to happen.

"There is not going to be any real penalty. This is a bluff," Steinhardt
said. "Are they really prepared to shut those airports down? We don't
believe that is going to happen."

Instead the real takeaway from today's regulations is that DHS is
pushing the implementation of all of this onto the next administration,
according to Steinhardt, who noted the rules were supposed to be in
effect in 2007 and now have been pushed to 2010, 2014 and 2017.

Tim Sparapani, the ACLU's legislative counsel, warned cash-strapped
states to steer clear.

"DHS is trying to spin states in deep budget crises to participate in
this," Sparapani said. "Our message to these states is don't spend a
dime on implementing these regulations."

The regulations set standards for information sharing between states,
detail what documents can and can't be used to get an identification
card, require states to keep giant databases that include copies of
breeder documents such as birth certificates and social security numbers.

The regulations are much more lax when it comes to rules about third
parties such as bars or retailers from swiping and recording the
mandated bar code. In fact, there are no rules. States must create
privacy and security rules, but there's no standard that must be met.

Melissa Ngo, senior counsel at the Electronic Privacy Information
Center, wonders if the plan isn't to require Real ID licenses to get
employment, since Chertoff mentioned today that employers should be able
to trust REAL IDs more than current licenses.

That also made her wonder about the rules for third parties to swipe
licenses and store the information.

"The fact that DHS is touting that employers can use it means they are
fine with third-person sharing," Ngo said.