Information Outlook, Vol. 6, No. 5, May 2002
The National ID Controversy by Tamara Theiler
On September 11, terrorists forever altered the complexion of American society. Since then, new policies have been implemented, even more have been debated and still others remain on the table. One such issue is the necessity for national identification (ID) cards.
The United States has previously considered standardizing ID cards. Until recently, debates centered on helping employers determine an applicant's eligibility to work in the United States. The debate now focuses on preventing identity theft, terrorism and illegal immigration.
The current discussion started because several of the hijackers carried IDs from multiple states under multiple names. This led to a proposal by the American Association of Motor Vehicle Administrators (AAMVA). They advocate a federal law to establish nationwide standards for ID cards and stricter standards for verifying a person's identity prior to issuing an ID. The association has asked Congress to appropriate $100 million for the program. They also requested funding for a database to be linked across federal agencies.
Under AAMVA's program, states could still determine the appearance of a driver's license. However, common features would be mandated. Specifically, IDs nationwide would hold a computer chip containing a biometric identifiersuch as a fingerprint. These IDs would use existing smart card technology to hold all of a person's information. The information in the documents would then be compared to a national database to verify a person's identity.
Senator Richard Durbin (D-IL) proposed legislation establishing federal standards for driver's licenses. Like other proposals, each license would contain a biometric identifier and state motor vehicle administrators could search federal databases to verify the person's identity before issuing an ID. It also proposes harsher criminal penalties for people with multiple licenses, counterfeit licenses and for those who facilitate getting these licenses.
The creation of this type of database is highly controversial. It has been suggested that private companies could supply the data because they are not constrained by the 1974 Privacy Act. Not only is the federal government constrained when accessing data, there is difficulty sharing it across agencies. However, the USA Patriot Act (which was approved by Congress in an amazingly short time) attempts to correct these technical problems.
The main argument of supporters is that a uniform ID card would help law enforcement apprehend criminals and illegal aliens. Supporters recommend driver's licenses because they are established in all 50 states and are sufficient to verify identity. In addition, supporters contend that a standardized ID isn't a national ID because it only modifies an existing ID card. Likewise, most of the required information has already been collected. According to supporters, these ID cards will prevent people from abusing currently lax laws for issuing licenses in some states or counterfeiting them.
Opponents say that standardized licenses have the potential of becoming national ID cardsan "internal passport"that will be misused by government and law enforcement. They assert that officials could obtain information without going through proper legal channels and request to see a person's card without provocation.
Opponents feel that commercial data companies currently gather too much information and fear what would happen if the federal government used such companies to build an ID database. This is an invasion of privacy, opponents say, because every time an ID is shown information will be added to the database turning very personal information into public knowledge. Related to this is a concern over the difficulty of correcting mistakes in the data, and that large databases, such as the one required by a national ID system, are especially prone to errors. Opponents also conclude that hackers will circumvent the database, steal personal information and create a new identity limiting the national security benefits of a universal ID.
Will such a proposal become law? The Bush Administration has expressed opposition to developing a national ID card. As noted, that opposition didn't dampen the efforts of some lawmakers, using what they see as Americans' increased support for a national ID program since the 9/11 terrorist attacks. Some polls suggest they are right. However, those polls also show that support is declining. At this point it is hard to determine the outcome. The legislation is still awaiting action.
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