How close is Oklahoma to Real ID? Much, Much Closer Than It Ought To Be

Kaye Beach

September 14, 2012

Have you noticed the flurry of activity related to Oklahoma’s driver’s licenses?  Did your Real ID radar begin to ping?

A Google photo search for “new driver’s license design” shows that many states, like Oklahoma, are getting new driver’s license designs.  And like Oklahoma, the photos are all moved to the left.  This isn’t a DMV fad.   These standards come from somewhere.  —  2012 AAMVA North American Standard – DL/ID Card Design

“AAMVA (the American Association of Motor Vehicle Administrators) is called the “backbone” and hub” of the Real ID Act in the final rules issued by DHS” Mark Lerner, testimony before the Michigan House of Representatives, 2008

Several news items were released last week about some changes coming to Oklahoma’s driver’s licenses.

Oklahoma Rolls Out New Driver License and Upgraded Issuance System by MorphoTrust Sep 06, 2012 by Business Wire

“The new license meets rigorous security requirements and will not only upgrade our system but enhance customer service as well,” said Michael C. Thompson, Commissioner for the Oklahoma Department of Public Safety.

Oklahoma driver’s license will get makeover

Repositioned photograph is among changes to be rolled out over next several months for Oklahoma driver’s license

“They totally redesigned the system to where it’s going to be faster for the operator, which will speed up the line of people waiting at the tag agencies and exam offices.”

These news items were primed by many articles released over the last couple of months regarding the horrendous waits driver’s license applicants are forced to undergo in our state since ‘The number of examiners at licensing offices statewide decreased from 152 in 2009 to 105 this year. The number of testing sites has been reduced from 89 to 36 in a decade’

Long lines drive push to help Oklahoma driver’s license exam sites

At this point, Oklahomans are frustrated and the news of any changes that could help speed up the process are sure to be greeted with a huge sigh of relief and little scrutiny.

A little scrutiny is in order.

The deadline for meeting the standards of the REAL ID Act is January 15, 2013.

The Real ID Act passed in 2005 imposed federal guidelines that use  INTERNATIONAL standards for state driver’s licenses and ID documents

REAL ID licenses are to be

•machine readable

•contain biometric data

(including facial biometrics)

This and other information is to be shared

•nationally

•internationally

There are 18 initial benchmarks (39 benchmarks total) to the Real ID Act of 2005 that, once they are achieved, a state can consider to be in “material compliance” with the Act.  A state is in “full compliance” with the Real ID Act upon meeting all 39 of the benchmarks.

Once material compliance is achieved a state may request to be able to place a gold star on their state license to indicate that the card is acceptable for “federal identification purposes” from the DHS.

Spring of this year seven states were named as being the naughty foot draggers regarding meeting the 18 Real ID benchmarks. Oklahoma is listed as one of those laggard seven states and for good reason-our state passed a law prohibiting implementation of the federal Real ID Act in 2008. 

Oklahoma – OKLA. STAT. ANN, tit. 47, § 6-110.3 (2007) (The State of Oklahoma shall not participate in the implementation of the REAL ID Act of 2005. The Department of Public Safety is hereby directed not to implement the provisions of the REAL ID Act of 2005 and to report to the Governor and the Legislature any attempt by agencies or agents of the United States Department of Homeland Security to secure the implementation of the REAL ID Act of 2005 through the operations of that or any other state department. . .

The President of the Coalition for a Secure Driver’s License took it upon himself to help the Department of Homeland Security pressure and threaten these last remaining rebel states:

“It’s their last opportunity to get on board with the REAL ID rules or face consequences. . . . REAL ID is no longer a policy matter, the REAL ID debate is over.  REAL ID is now part of DHS’ ongoing operations.”
PR Newswire (http://s.tt/1bIrU)

What are the “consequences” of not having a Real ID?  Here is what we are told;

“In the future, only those state issued Driver Licenses and Identification cards which are fully compliant with the REAL ID act of 2005 will be authorized for use as identification for official federal government purposes, such as boarding commercial aircraft and entering certain regulated federal facilities.” Alabama DMV-STAR ID

Does this mean we won’t be able to fly?  In a word-no.  We will still be able to fly.   A passport will work as well as a military ID.  Of course any government issued photo ID means biometrics and carries with it the some of the same concerns as Real ID.  Any lesser ID may require secondary screening procedures, but you can fly without a Real ID.  As far as the federal buildings.  That will be interesting.  Barring US citizens from certain federal building will probably set off a constitutional showdown.

Oklahoma was not alone in their opposition to the Real ID Act.  At least 25 states passed a law or resolution prohibiting the implementation of Real ID in their states.  This was a historic level of rebellion and one that both red and blue states participated.

At least 13 (the National Conference of State Legislatures recognizes 16) states passed an actual law against Real ID but we know from Congressional documents that some of these states are quietly issuing Real ID compliant driver’s licenses anyways.

Thirteen states have laws prohibiting compliance with the REAL ID Act. Even so, DHS believes that some of these states already issue secure identification documents consistent with the standards of the regulation.  Link

These states may not sign up for the gold star just yet, but with a wink and a nod, they are just as surely undermining the will of the people by meeting the first 18 benchmarks of Real ID.  To state it simply, these states are positioned to do the bidding of the Department of Homeland Security by meeting the requirements of the Real ID Act while retaining plausible deniability about violating their states’ law that prohibits implementation of the Real ID Act.

At least nineteen states are now in compliance with the Act.   Twenty-six more are reported to have committed to meet the standards before the (new) deadline. (Dec. 1, 2014) link

So where does Oklahoma stand on the 18 (Real ID) benchmarks?

I will show you that Oklahoma is merely one benchmark away from compliance with this international ID scheme that caused an unprecedented uproar by the states following its introduction in 2005.

Oklahoma has progressed from meeting 9 of these benchmarks in 2008 to currently meeting 14 of the 18 Real ID benchmarks. (3 of the benchmarks pertain to formalizing commitment by the state to REAL ID.  State’s that have passed a law prohibiting Real ID implementation are forgiven these benchmarks by the Dept. of Homeland Security.  That is the “wink and a nod” Do in reality, Oklahoma is really only one benchmark away from being considered Real ID compliant.)

Real ID benchmarks 1-6

Real ID Benchmarks 7-15

Real ID Benchmarks 16-18

 

Doesn’t appear that the law prohibiting implementation of the provisions of Real ID slowed us down much, does it?

Some of these 18 benchmarks are sensible measures that many states were already working on prior to Real ID anyways.

However, benchmark Number 1 is a REAL problem!

Benchmark #1. “Mandatory facial image capture and retention of such image.”

Let me explain briefly why:  the digital facial photo is a biometric suitable for use with facial recognition software.  In fact, facial biometrics is the governments biometric of choice.  Why?  It is not the most accurate biometric for identification purposes but it does allow us to be identified in public without our knowledge or consent.  Never mind that we have the right to go about our business, as long as we are not a criminal or suspect, without be investigated.  The Supreme Court has upheld our right to anonymity on several occasions in recent history.

Here is just one example;

Anonymity is a shield from the tyranny of the majority … It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation–and their ideas from suppression–at the hand of an intolerant society.”

McIntyre v. Ohio Elections Comm’n, 514 U.S. 334

The inaccuracy of facial recognition could cause anyone to be misidentified which would introduce the unfortunate person host of unpleasant possibilities.  But, I suppose, it is ‘good enough for government work,’ as they say.  But it gets even worse.

After the initial 18 benchmarks are met, the states will proceed to implement the next 21 benchmarks, step by step enrolling us into a global biometric identity system.

“The main ideology for defining the design of the DL/ID is the minimum acceptable set of requirements to guarantee global interoperability. “

Source: Personal Identification – AAMVA North American Standard – DL/ID Card Design, 2012

Myself as well as many other policy watchers that care to know, have been warning for years that our government intends to use those DL photos, conveniently combined with our personal, biographical information to not just identify us in public absent of any specific, articulable suspicion; they intend to use our facial biometrics to investigate and even predict based on the associated data- whether we are more or less likely to present a threat to government.  As of late, these intentions have been loosed from obscure, seldom read government documents and have been printed in black and white for the world to see.

In addition to scanning mugshots for a match, FBI officials have indicated that they are keen to track a suspect by picking out their face in a crowd.

Another application would be the reverse: images of a person of interest from security cameras or public photos uploaded onto the internet could be compared against a national repository of images held by the FBI. An algorithm would perform an automatic search and return a list of potential hits for an officer to sort through and use as possible leads for an investigation.

New Scientist, September 7, 2012 FBI launches $1 billion face recognition project

And then this-a first-law enforcement admits to using facial recognition on protestors in public.

Computer World: Undercover cops secretly use smartphones, face recognition to spy on crowds

And this one from June 16, 2013,  the Washington Post:

State photo-ID databases become troves for police

Oklahoma residents who prefer to not be enrolled into this biometric identification system ought to be asking their representatives why the state is continuing in the fulfillment of the Real ID Act in spite of the law which clearly expresses the will of the people to not participate in the international biometric identity scheme.

 

Are You Seeing Stars on Your State Driver’s License? Say Hello to REAL ID

Kaye Beach

Feb 14, 2012

Are you seeing stars?

If you live in Indiana, South Dakota, Delaware, Connecticut, Utah, Alabama, Ohio, Florida and West Virginia you will be.

A gold star on your state drivers license means that you have yourself a REAL ID card.

The Real ID Act of 2005 imposed federally mandated standards for state driver’s licenses.

Under REAL ID licenses are to be

•machine readable

•contain  biometric data (including facial biometrics)

This and other information is to be shared nationally and internationally.  REAL ID Facts

The federal government with a little help from their friends at the Secure Driver’s License Coalition are putting the squeeze on the states to comply with the federal REAL ID Act of 2005.  You know, that federal mandate to create an INTERnational ID that about half of the states told the federal government that would NOT comply with.

“Heavily criticized by concerned citizens, civil liberties groups, and state government agencies, the Real ID act is opposed by over 600 organizations including the National Governors Association.”  Ars Technica, 2007 More state governments defy congress and reject Real ID  http://arstechnica.com/tech-policy/news/2007/04/more-state-governments-defy-congress-and-reject-real-id.ars

List of states’ Real ID  “refusal to comply” legislation

http://www.ncsl.org/?tabid=13574

According to the Secure Driver’s License Coalition “more than half of the states are close to joining the club that is authorized to place a gold star on its driver’s licenses and IDs.”

Below is a  recent press release by the Secure Driver’s License Coalition where they go on and on about how terrible it is going to be for the poor citizens living in rogue anti-REAL ID states but here is something the Secure Driver’s License Coalition won’t tell you; There are not statutory limitation on the “official purposes” for which a  REAL ID card can be demanded.  The Secretary of Homeland Security, at his or her sole discretion can add any other purpose he or she desires without any congressional approval.

As it stands now, after the deadline(Jan 15, 2013)  is up for states to have implemented REAL ID, we will be required to show our “gold star” cards to fly on a commercial airline, enter a federal building or a nuclear facility but the DHS secretary could decide that the card is required to purchase a firearm or the get healthcare if the Sec. so desired.

Gold Stars Appear, as States Have Less Than One Year to Meet Federal REAL ID Standards for Secure Driver’s Licenses and IDs

WASHINGTON, Jan. 30, 2012 /PRNewswire via COMTEX/ — Airport security screeners are beginning to see stars. That is, they are beginning to see driver’s licenses with gold stars, issued by states which have been certified by the Department of Homeland Security (DHS) as compliant with federal REAL ID standards. Those states include Indiana, South Dakota, Delaware, Connecticut, Utah, Alabama, Ohio, Florida and West Virginia.

n 2008, the Department of Homeland Security issued a final rule establishing federal security standards for the issuance of driver’s licenses and IDs, implementing a federal law passed in 2005. Beginning in 2009 and continuing to the present, a succession of states have changed their driver’s license procedures to comply with these regulations. The Coalition for a Secure Driver’s License has carefully tracked those upgrades, and is pleased to report that more than half of the states are close to joining the club that is authorized to place a gold star on its driver’s licenses and IDs.

The dozen states that have done little or nothing to comply with the federal REAL ID requirements had best start looking at the calendar. These states have less than a year remaining to notify the Department of Homeland Security that they will begin reforming their driver’s license rules, or their residents will need to start getting passports in order to board commercial airlines.

Read more

Spingola Files: One Woman’s Willingness to Stand-Up to Orwellian ID Act

Kaye Beach

Feb 4, 2011

Respected former detective weighs in on biometric ID case

The very best law officers have one thing in common; they want to get the bad guys and protect the innocent.  But what happens when the tools offered to law enforcement to get the bad guys also threaten the innocent?   This is not a new dilemma for law enforcement but with the myriad of changes taking place in recent years on both the legal and technological front, it must be an incredibly tricky one now.

Steven Spingola is doing something very important.  He is opening a dialog on issues that desperately needs an airing among those who swore an oath to serve and protect the people of the United States.

Spingola is a former Milwaukee Homicide Detective, an author and nationally recognized investigator whose excellent reputation proceeds him.  He is a graduate of the FBI National Academy, a death investigations expert, a police shooting reconstruction expert and is formally trained in investigative analysis.  (Read more about Steven Spingola)

This former detective is truly is an investigator to his core.  Not satisfied with accepting anything at face value he is examining issues at what must be an uncomfortable intersection for anyone involved in law enforcement.

At his blog site, The Spingola Files, Steve wrote an article about my efforts to defend against biometric ID by filing a  lawsuit against the state in Oklahoma.

I continue to heartened by the positive feedback I have received from members of law enforcement and am most grateful to Steve Spingola for his courage in bringing issues such as this to the fore.

From The Spingola Files, Feb. 4, 2012

One Woman’s Willingness to Stand-Up to Orwellian ID Act

When Oklahoma native Kaye Beach sought to renew her driver’s license, she refused to comply with that state’s version of the Real ID Law.

In Oklahoma, and throughout 26 other states, including Wisconsin, the one digital photo taken at the counter will no longer suffice.  Instead, applicants are required to submit to several photos, including a full body profile.

When Ms. Beach declined to acquiesce to the new array of photographs, officials from Oklahoma’s version of the Department of Motor Vehicles denied the renewal of her driver’s license.  Predictably, a time came when Ms. Beach had a traffic related law enforcement contact, at which time she was cited for driving without a valid operator’s license.

But instead of simply walking like a sheep to the slaughter to renew her permit, Ms. Beach fought to have her citation dismissed and then filed a lawsuit challenging the constitutionality of Oklahoma’s Real ID law.

http://constitutionalalliance.org/work/article.php/20110910201040513

Why is Kaye Beach making such a fuss? After all, what is so difficult about submitting to a series of photographs?

Read More

FBI to launch nationwide facial recognition service

Kaye Beach

Oct 9, 2011

This is just the tip of the iceberg….

From NextGov.com

By Aliya Sternstein 10/07/2011

The FBI by mid-January will activate a nationwide facial recognition service in select states that will allow local police to identify unknown subjects in photos, bureau officials told Nextgov.

The federal government is embarking on a multiyear, $1 billion dollar overhaul of the FBI’s existing fingerprint database to more quickly and accurately identify suspects, partly through applying other biometric markers, such as iris scans and voice recordings.

Often law enforcement authorities will “have a photo of a person and for whatever reason they just don’t know who it is [but they know] this is clearly the missing link to our case,” said Nick Megna, a unit chief at the FBI’s criminal justice information services division. The new facial recognition service can help provide that missing link by retrieving a list of mug shots ranked in order of similarity to the features of the subject in the photo.

Read more

Looking Back-A Refresher

A compulsory global biometric identification system for law abiding people is not, will never be justifiable.

Our government seems to have backed off on their denials that Real ID and similar legislation is in fact, a national ID.  But what you should know is that any national ID system is also international.  It’s all about sharing these days and that means with our “international Partners’ too

The following is just a mere sampling of news articles, government documents and sources of information that clearly show the absolute intention to use our state driver’s licenses and the biometric data collected for them, as a an instrument of global identification,  tracking and control.

2003

Viisage receives $12 million award from Oklahoma

FEBRUARY 19, 2003–Viisage Technology Inc. (Littleton, MA; http://www.viisage.com) has been chosen to fulfill the new digital driver’s license contract by the state of Oklahoma’s Department of Public Safety. The contract will include the design, development, and implementation of the statewide secure license production program. The total value of this new multiyear contract is approximately $12 million. Oklahoma is the 19th state to utilize Viisage in the production of identity verification documents and the third state in recent months to give Viisage a major driver’s license contract. The three latest contracts total approximately $35 million. The solution will integrate multiple, advanced identification security features, including FaceEXPLORER facial-recognition software and SAGEM Morpho finger imaging technology

http://tinyurl.com/ViisageOKla

Oklahoma has collected Face, Fingerprint scans and signature biometrics since 2004

Biometric Drivers Licenses Make Debut in Oklahoma

April 20, 2004

SAGEM Morpho, Inc. a proven provider of mission-critical biometric systems and services, announced the successful deployment of biometric technology solutions for the Oklahoma Department Public Safety (DPS) in conjunction with Viisage, a provider of advanced technology identity solutions. SAGEM Morpho will combine its finger imaging recognition technology with Viisage’s facial recognition technology to create accurate biometric records of the state’s approximately four million licensed drivers.  http://www.tmcnet.com/usubmit/2004/apr/1033349.htm

NLETS the International Justice and Public Safety Information Sharing Network, links together every state, local, and federal and International law enforcement (INTERPOL), justice and public safety agency for the purpose of exchanging critical information http://www.nlets.org

2004

The NLETS Candle Project In a related NIJ-funded project, NLETS is working with the American Association of Motor Vehicle Administrators (AAMVA) to standardize critical information from departments of motor vehicles (DMVs) around the country.

The project, entitled Collaboration between AAMVA and NLETS for Driver’s License Exchange (Candle), seeks to develop and deploy standards and solutions to exchange standardized driver and motor vehicle records over the NLETS network.

Candle builds upon the existing NLETS infrastructure, as well as the Web services advancements made in the Aisle project, and seeks to deploy an international capability for driver and motor vehicle exchanges based upon XML standards, greatly increasing the efficiency. . .

The Candle project provides a first step in transitioning AAMVA to a new generation of technology. This effort will result in consolidating interstate DMV transactions into a single standardized service for both the DMV and law enforcement communities.

From The Police Chief, vol. 71, no. 6, June 2004. 
Copyright held by the International Association of Chiefs of Police,
 515 North Washington Street, Alexandria, VA 22314 USA.

‘AAMVA was directly involved in the crafting of the Real ID Act 2005. In the DHS-published final rules document for the Real ID Act, the AAMVA was referred to as its “hub” and “backbone.”’ UPDATE: Real ID

2006

Source-THE NEW PARADIGM—MERGING LAW ENFORCEMENT AND COUNTERTERRORISM STRATEGIES Secure Cities 2006 http://www.scribd.com/doc/21970726/IACP-Intelligence-Led-Policing-2006-New-Paradigm

2007

SB 474-Oklahoma prohibited participation in the REAL ID in 2007. (So far, 25 states either by law or resolution have done the same) Although Oklahoma lags behind other states in full implementation of Real ID, there is no reason to believe Oklahoma will not eventually come into full compliance with the act.

2007

FBI Seeks to Build Massive Identification System

 The Federal Bureau of Investigation awarded a $1B, 10-year contract to design, develop, document, integrate, test, and deploy the Next Generation Identification (NGI) System to Lockheed Martin. This new database will expand on the current fingerprint-based system; the FBI will increase its collection and storage not only fingerprints but also iris scans, palm prints and facial images.

The FBI is also in talks with the U.K. police to establish a unified database for the tracking of this biometric information.

The UK has said that the new NGI System could easily be integrated with the U.K.’s current Ident1 database

http://epic.org/privacy/biometrics/

2007 News article;

–The Homeland Security Department’s plans for sharing biometric information internationally — designed to counter the threat of terrorism — face resistance from domestic privacy advocates and European governments that follow stricter privacy laws that protect personal data.

Senior DHS officials speaking at a recent conference on biometrics and privacy policy outlined the ethical imperative for technical standards that would foster unrestricted biometric data sharing.

Robert Mocny, acting program manager for the U.S. Visitor and Immigrant Status Indicator Technology program, sketched the outline of a Global Security Envelope of internationally shared biometric data that would permanently link individuals with their personal data held by governments and corporations.

“information sharing is appropriate around the world,” and DHS plans to create a “Global Security Envelope of internationally shared biometric data that would permanently link individuals with biometric ID, personal information held by governments and corporations”—

—-Robert Mocny

Read more… http://www.gcn.com/print/26_03/43061-1.html

2007 The National Information Sharing Initiative ;

The Bush Administration’s 2007 National Information Sharing Strategy established state and local fusion centers as the federal government’s primary mechanism for collecting and disseminating domestic intelligence. 

The federal government has fueled the growth of these state and local intelligence centers, and has organized them into a national network that feeds information gathered at the local level into the Director of National Intelligence’s Information Sharing Environment (ISE), where it becomes accessible to all participating law enforcement agencies as well as the larger intelligence community. Link

The Biometric Interoperability Program promotes biometric-based information sharing between the Federal Bureau of Investigation’s (FBI) Integrated Automated Fingerprint Identification System (IAFIS) and other federal and international biometric systems.

http://www.biometriccoe.gov/_doc/FBI_CJIS_0808_One%20Pager_8%205x11_BIOMETRICS_v3.pdf

2008 -Fusion Centers Tap Into Personal Databases

Many fusion centers have not shared with the public what databases they use. This was demonstrated in an April 2, 2008 article in The Washington Post titled “Centers Tap into Personal Databases.” It revealed that several fusion centers in the northeast have access to millions of people’s information including unlisted cell phone numbers, insurance claims, driver’s license photographs

–Rebecca Andino, PMP, CIPP/G, president and founder of Highlight Technologies

______________________________

Ann Cavoukian, Ph.D. (Information and Privacy Commissioner for Ontario) and Alex Stoianov, Ph.D. point out that in the not too distant future a person’s unique biometric template could be used as an identifying key to link together all the different databases that contain entries for that person. It would enable someone to build up a complete picture of that individual without their knowledge or consent.

“When the use of biometrics grows, an ordinary person will be enrolled in various biometrically controlled databases, such as travel documents, driver licenses, health care, access control, banking, shopping, etc. Current biometric systems can use the same biometric template for all of them. The template becomes the ultimate unique identifier of the person. This is where biometric data mining comes into effect: the different databases, even if some of them are anonymous, may be linked together to create comprehensive personal profiles for all the users. To do this, no fresh biometric sample is even required. The linking of the databases can be done offline using template-to-template matching, in a very efficient one-to-many mode. The privacy implications explode at this point.”

 

2008

DHS Human Factors Division:  Social-Behavioral Threat Analysis

Mission:

To apply the social, behavioral and physical sciences to improve identification, analysis, and understanding of the threats posed by individuals, groups, and radical movements; to support community preparedness, response, and recovery to catastrophic events; and to advance national security by integrating the human element into homeland security science & technology. http://www.scribd.com/doc/27037194/Behave-Fast-Tsadhs

MONITORING EVERYDAY BEHAVIOR

In April 2008, the Wall Street Journal and the Los Angeles Times both reported on a new Los Angeles Police Department order that compels LAPD officers to begin reporting “suspicious behaviors” in addition to their other duties—creating a stream of “intelligence” about a host of everyday activities that, according to documents, will be fed to the local fusion center.

LAPD Special Order #11, dated March 5, 2008, states that it is the policy of the LAPD to “gather, record, and analyze information of a criminal or non-criminal nature, that could indicate activity or intentions related to either foreign or domestic terrorism,” and includes a list of 65 behaviors LAPD officers “shall” report. The list includes such innocuous, clearly subjective, and First Amendment protected activities as:

– taking measurements

– using binoculars

– taking pictures or video footage “with no apparent esthetic value”

– abandoning vehicle

– drawing diagrams

– taking notes

– espousing extremist views

LAPD’s Program is now the Nationwide SAR Initiative (NSI)

Nationwide SAR Initiative Vision: By 2014, every Federal, State, local, tribal and law enforcement entity operating domestically will participate in a standardized integrated approach to gather, document, process, analyze, and share terrorism-related suspicious activity

28 C.F.R. part 23

28 CRF Part 23 is a US Federal Code that basically says you cannot be entered into a criminal data system unless you are a legitimate suspect.  Not so anymore.

The April 2003 GIWG meeting minutes record approval for the weakening of 28 CFR 23 and note that GIWG member Daniel J. Oates indicated he was excited about the proposed changes to 28 CFR Part 23, specifically the area dealing with changing the reasonable suspicion collection criteria to reasonable indication. If the rule is passed, officers on the street can gather small bits of information that can be entered into an intelligence database. Under the old standard, this could not be done. Read more

28 C.F.R. Part 23 was promulgated pursuant to 42 U.S.C. §3789(g)(c) which requires state and local law enforcement agencies receiving federal funding  to

“…collect, maintain, and disseminate criminal intelligence  information in conformance with policy standards which are  prescribed by the Office of Justice Programs and which are written to  assure that the funding and operation of these systems further the purpose of this chapter and to assure that some systems are not  utilized in violation of the privacy and constitutional rights of individuals.

 

Why did we need 28 CFR 23?dep

The Department of Justice Office of Justice Programs (OJP) in 1993 explained;

“Because criminal intelligence information is both conjectural and subjective in nature, may be widely disseminated through the interagency exchange of information and cannot be accessed by criminal suspects to verify that the information is accurate and complete, the protections and limitations set forth in the regulation are necessary to protect the privacy interests of the subjects and potential suspects of a criminal intelligence system.”

They have decided that now-we are no longer due these legal protections.

It actually took them until 2008 before the desired weakening of federal code was officially achieved

In July  2008, the Department of Justice proposed a rule to amend the primary federal regulation governing criminal intelligence databases (28 CFR Part 23) to expand both what information can be collected by law enforcement agencies, and with whom it may be shared.  (see 73 Fed. Reg. 44673) read more

. . .the Department of Justice has relaxed restrictions on when the Federal Bureau of Investigation can begin investigations, and worked to increase intelligence-sharing among local, state, and federal law enforcement agencies as well as with federal (intelligence) agencies in ways that will compromise civil liberties (through a change in federal regulation 28 C.F.R. part 23).

Read more FBI Guidelines 28 C.F.R. part 23

2008

Comments on proposed amendments to 28 Code of Federal

Regulations Part 23 –

. . .intelligence fusion centers universally claimed  compliance with 28 CFR Part 23 as the appropriate regulation governing the conduct of  their intelligence collection efforts.

The Congressional Research Service reported that “many state and local law enforcement and fusion center staff” expressed concerns regarding sharing law enforcement sensitive information with non-law enforcement personnel including analysts working under contract to the Department of Homeland Security.10

In January 2008 the Director of National Intelligence (DNI) published “functional standards” for suspicious activity reports (SAR) produced by state and local law enforcement.

The DNI standards actually encourage state and local law enforcement to report non-criminal suspicious activities to the intelligence community by defining the scope of suspicious activity as “observed behavior that may be indicative of intelligence gathering or pre-operational planning related to terrorism, criminal, or other illicit intention.”

READ MORE

Oklahoma Information Fusion Center Privacy Policy;

The OIFC may retain information that is based on mere suspicion, such as tips and leads. Suspicious Activity Reports (SAR) information will be retained in the future once the SAR project is finalized and guidelines are issued to Fusion Centers.  http://www.scribd.com/doc/24732421/Oklahoma-Information-Fusion-center-Privacy-Policy

**Please Note-This is NOT a genuine OIFC Notice. If the OIFC files a suspicious activity report on you-You would never know it.

Nationwide Suspicious Activity Reporting Initiative IJIS (Fusion Centers)

http://www.scribd.com/doc/41496999/Nationwide-Suspicious-Activity-Reporting-Initiative-IJIS-Fusion-Centers

NSI

http://www.scribd.com/doc/21970535/Nationwide-SAR-suspicious-activity-reports-Initiative

SAR and Amtrak

http://www.scribd.com/doc/44933611/Nationwide-SAR-Initiative-Partnership-With-Amtrak

Oct. 20, 2008

International Police Organization Proposes Worldwide Facial Recognition System.

An Interpol face-recognition database would permit Interpol member nations to search records containing travelers’ personal biometric information, and could be used in conjunction with travel watch lists.

“There will be such a large role in the future for fingerprints and facial recognition”

— Mark Branchflower, head of Interpol’s fingerprint unit

2009

BIOMETRICS TASK FORCE

http://www.scribd.com/doc/26083198/Army-War-College-Bio-Metrics-Task-Force-April-15-2009

Across All Government Biometric Information Coordination

Collaboration Data Sharing Biometrics Mission Sets Population Census Targeting / Tracking Base & Checkpoint Security Police, Military, & Govt. Official Vetting Border Control / Ports of Entry (POEs) Detainee Operations

2008-2009

Homeland Security Presidential Directive 24, signed in 2008 and revalidated in 2009 by the current administration, mandates that interoperability with respect to biometrics spans the military, civil, and criminal arenas.

http://www.biometrics.dod.mil/Newsletter/issues/2009/Sep/V5issue3.html

FBI delves into DMV photos in search for fugitives

October 12, 2009

RALEIGH, N.C. — In its search for fugitives, the FBI has begun using facial-recognition technology on millions of motorists, comparing driver’s license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

The project in North Carolina has already helped nab at least one suspect. Agents are eager to look for more criminals and possibly to expand the effort nationwide. But privacy advocates worry that the method allows authorities to track people who have done nothing wrong.

http://www.publicintelligence.info/fbi-delves-into-dmv-photos-in-search-for-fugitives/

October 13, 2009

According to the AP’s report, the FBI has assembled a panel of experts tasked with standardizing drivers license photos and push use of biometric-mining nationwide. But the value of mining DMV records with the biometric software is limited for one simple reason, expressed perfectly by Marc Rotenberg of the Electronic Privacy Information Center. “We don’t have good photos of terrorists,” he explains.

 “Most of the facial-recognition systems today are built on state DMV records because that’s where the good photos are”

http://www.thetruthaboutcars.com/fbi-mining-dmv-photos-for-fugitives

Fusion Centers “fuse” information shared between Military and Civilian forces, Public and Private Institutions, State Federal and International Governments.

September 15, 2009

WASHINGTON – The Department of Homeland Security (DHS) announced Monday that it was giving state and local fusion centers access to the classified military intelligence in Department of Defense (DOD) databases. The federal government has facilitated the growth of a network of fusion centers since 9/11 to expand information collection and sharing practices among law enforcement agencies, the private sector and the intelligence community.

http://www.aclu.org/national-security_technology-and-liberty/fusion-centers-obtain-access-classified-military-intelligen

2009 Biometric Consortium Conference

Biometric Enabled Intelligence has been a powerful tool in the law enforcement community, linking individuals to events, evidence and ultimately to solved crimes. That same concept can make biometrics a so what enabler of military operations, physical security, logical security, and forensic analysis by linking people, places, activities and events.

As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations

Mrs. Del Greco initiated two high profile, multi-million dollar  development efforts: “Next Generation Identification” (NGI), which will expand biometric and criminal history capabilities; and “Biometric Interoperability”, which will ensure information sharing between the FBI’s Integrated Automated Fingerprint Identification System (IAFIS) and other key biometric-based systems within the Federal Government and international partners

http://biometrics.org/bc2009/bios/delgreco_k.pdf

 

 Tag!  You’re It!

“Face recognition already exists through photo IDs, which can be used of individuals that are not enrolled”

http://www.scribd.com/doc/44675297/Sensor-Nets-the-Business-of-Surveillance

2010

Stripping Away Anonymity-The Secretary of Defense Funding Doc

“Biometrics technologies can be used to both verify an individual’s claimed identity and, when combined with additional intelligence and/or forensic information, biometrics technologies can establish an unknown individual’s identity, thus stripping away his anonymity. “

“This program will develop the technology that will improve the quality of biometrics derived information provided to the operational forces for the purpose of identifying and classifying anonymous individuals. It will enable execution of a DoD and interagency coordinated biometrics science and technology plan that supports technology transition to acquisition programs in FY10 and the out-years.”

See the document; www.dtic.mil/descriptivesum/Y2010/OSD/0603665D8Z.pdf

 

2010

Biometrics Identity Management Agency (BIMA)

Warfighter, Business, Intelligence, and Security & Law Enforcement

The Department of the Army General Order (DAGO) 2010-06, signed by the Secretary of the Army (SecArmy), redesignated BTF (biometrics task force) as the Biometrics Identity Management Agency (BIMA) on 23 March 2010.

Sept 1, 2010

Get REAL . . .

But open rebellion against REAL ID, which was so heated two or three years ago, has calmed considerably. States are no longer lining up to add themselves to the list of those refusing to fund of implement the federal law’s requirements.

Instead, many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks. According to DHS, all but the 14 holdout states say they’ll be able to meet the law’s operational requirements by the end of this year.

Read more

June 22, 2011

Making REAL ID a Reality: Next Steps for Congress

At least 32 states are close to REAL ID material compliance, while a total of 44 states and territories have indicated that they fully intend to meet REAL ID compliance

State unveils new, secure driver’s license

Starting Monday, Alabama residents will be able to obtain a new, more secure form of identification.In compliance with REAL ID Act of 2005, the Alabama De­partment of Public Safety has developed a driver’s license and identification program called STAR I.D. Congress passed the REAL ID Act in re­sponse to acts of terrorism against the United States.

Connecticut to begin controversial Real ID program

Connecticut launched a campaign today to publicize how to obtain a drivers license that meets the stricter verification standards of a federal “Real ID” law passed in 2005, but never implemented in face of objections from two dozen states

And Many. Many more!

What Ever Happened to REAL ID?

Kaye Beach

Sept 23, 2011

What did ever happen to the REAL ID Act?

In a word-NOTHING.

Remember when roughly half the states in the US said NO! by passing either a law or resolution against participating in DHS’s national ID program?  Most of us assume that “no” means “no” and breathed a sigh of relief when so many states took a stand against it.

“. . .many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks.” http://tinyurl.com/4rgrv87

The fact is that  little has changed.

The world is being enrolled into a single global system of identification and financial control.
One’s body is now directly linked to the control of financial transactions through biometric ID, an international ID system that uses computers to automatically identify individuals based on unique physical characteristics, such as a facial image. Facial recognition and digital fingerprinting are common forms of biometrics.  Almost all states and nations now use biometrics to identify their residents.  From Your Body Is Your ID

On Tuesday Sept. 21, 2011 my legal council filed suit against the state of Oklahoma for the violation of my religious freedoms and right to privacy (Okla. Constitution Article II Sec. 30) on my behalf.   You can read the petition as filed here (top left)

I have watched with dismay as comment after comment in response to the  news of this lawsuit express surprise even outrage that Oklahoma is collecting biometrics as they then wonder if their state is doing the same.

The answer?  I know of no state that is not doing so.

Real ID and that little gold star on your driver’s license

Here are two updates on the ever forward march of Real ID across the US.

Public Safety to launch STAR I.D. pilot project

Sept. 22, 2011

Alabama will launch a pilot project Oct. 3 for a new, secure form of identification created to comply with the REAL-ID Act of 2005.

The Alabama Department of Public Safety has developed the STAR I.D. program, with STAR standing for Secure, Trusted and Reliable.

The IDs will be available at driver license examining offices in Montgomery, Autauga and Chilton counties as part of the pilot project. There will be a statewide launch at the start of the year.

Read more

Connecticut about to begin controversial ‘Real ID’ program | The Connecticut Mirror

Sept. 22, 2011

Connecticut launched a campaign today to publicize how to obtain a driver’s license that meets the stricter verification standards of a federal “Real ID” law passed in 2005, but never implemented in face of objections from two dozen states.

Read more

How to create a global, biometric system of identification;

To create a global biometric system, states and nations must:
1. Enroll their citizens (DL/ID cards, passports, national ID, school ID, etc.)
2. Adopt international standards for documents, photos and data sharing
3. Link databases for global information sharing, global ID-tracking and surveillance

Read more

Find out more about REAL ID and Biometric Identification

Iowa-House committee votes to block REAL ID Act

 

 

 

 

 

 

 

 

 

 

Kaye Beach

March 7, 2011

 

Twenty five states have passed either a law or resolution to prohibit Real ID. (even more have tried) I am happy that Iowa is joining the good fight.  Unfortunately our federal government is not about to let the fact that half of the states are in open rebellion against their plans to track and catalog us all from cradle to grave, stand in its way.   If you see a little gold star appear on you license-you have a “secure” driver’s license just like Mrs. Sample does. (this is the license formerly known as Real ID)

Many states are finding out the hard way that their  anti-Real ID legislation is doing nothing to actually stop an international ID from being forced up their state.  And yes, Real ID is actually a global ID.

Let me back up.

When the push for uniform standards began under REAL ID in 2005, each of the states had its own driver’s licenses specifications and standards.

The REAL ID Act of 2005 was intended to force  the states to comply with national standards (some of which are international standards)

In order to be in compliance with the Real ID states had to meet 18 specific benchmarks.

Even in the states that prohibit participation in Real ID the 18 benchmarks are still being implemented.  How?

“. . .many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks.” http://tinyurl.com/4rgrv87

All 18 benchmarks can be found here

An International ID?

On page 68 of the Notice of Proposed Rulemaking for the Real ID Act you will find a tiny little footnote that reads as follows: “The relevant ICAO standard is ICAO 9303 Part 1 Vol 2, specifically ISO/IEC 19794-5 – Information technology – Biometric data interchange formats – Part 5: Face image data, which is incorporated into ICAO 9303.”

 

Iowa-House committee votes to block REAL ID Act

March 3, 2011

An Iowa House committee voted Thursday to advance legislation that would prohibit the state Department of Transportation from implementing the REAL ID Act.

The REAL ID Act was passed by Congress in May 2005 and created a new set of standards for identification cards, imposing federal mandates about what would have to be done in order to provide an ID. It also requires new information to be labeled on the cards, including a new, unique identifying number.

The Iowa bill — House File 237 –  prohibits any agency from requiring a REAL ID to be shown, collected or used in Iowa.

HF237 concludes:

This bill states the general assembly’s findings that the REAL ID Act is inimical to the security and well-being of the people of Iowa, will cause unnecessary expense and inconvenience, and violates the principles of federalism contained in the tenth amendment to the Constitution of the United States. The bill states the general assembly’s intent that Iowa not participate in implementation of the REAL ID Act.

Read more

 

What is happening is that  the same 18 benchmarks that make up the Real ID Act of 2005 are still being implemented, the bureaucrats doing it will not call it REAL ID.

If you remember this much about what it takes to create a global biometric ID then you will  be ahead of the game.

Your Body Is Your ID Fact sheet

 

 

 

Real ID and that little gold star on your driver’s license

Kaye Beach

Feb 5, 2011

______

The Sneetches, by Dr. Seuss
Now, the Star-Bell Sneetches had bellies with stars.
The Plain-Belly Sneetches had none upon thars.
Those stars weren’t so big. They were really so small.
You might think such a thing wouldn’t matter at all.

The REAL ID Act imposed federal guidelines that States must adopt for their state  driver’s licenses and identification cards. Furthermore, those federal guidelines include international standards.  Why is that important?  There is only one reason to set international standards and that  is allow for international sharing of the information.  So while we continue to debate whether or not Real ID is a national ID card, the truth is that it is actually an international ID.

The federal guidelines for REAL ID  are comprised of 18 benchmarks.

Benchmark #1. Mandatory facial image capture and retention of such image.

At least eleven nineteen States have met all of 18 benchmarks that constitute Real ID.

Even if your state was one of the 25 that have passed either a law or resolution against Real ID,  the federal government doesn’t find that fact to be any obstacle at all to continuing to force the states to implement Real ID.  Your state is most likely still  working to implement Real ID.  Real ID compliant driver’s licenses will be marked with a gold star.

How can that be?  Well, the policy is simply not being called “Real ID” although the  benchmarks are the exact same ones set for Real ID.

“. . .many state motor vehicle departments are quietly doing the work to meet the law’s initial 18 benchmarks.”  http://tinyurl.com/4rgrv87

And

The ASI card, also known as “the card with the star,” is marked with a gold star indicating that it’s materially compliant with the Real ID Act’s regulations and can be used as identification for federal purposes” March 22, 2010 Nevada link

So right under the noses of our state legislators, some of whom went to bat and got a law passed to prohibit  Real ID,the administrators of State Departments of Public Safety or the Departments of Motor Vehicles are continuing to work on enrolling us all into an international biometric ID as though nothing ever happened.  Neat trick huh?

____________________________________________________

States should treat ObamaCare like REAL ID

That is a great idea and if those in charge on both the state and federal level had more respect for the American people and the law, this response should be adequate.  The reality is that those in charge are not following  the rules, they are too busy circumventing them.

They will do the same thing with the blatantly unconstitutional Health Care Reform Bill or any other DC mandate for that matter if we do not speak up.

Just saying NO! doesn’t seem to be working very well.

The states should be the guardians of their citizens’ domicile information and only share this data when the federal government has a legal need or right to know.

_______________________________

Back to our “Gold Star” resistors down in Florida who are demonstrating appropriate outrage to the situation that they have found themselves in.

Those Sneeches who do NOT have a star will be prohibited from:

• Accessing Federal facilities;
• Boarding Federally regulated commercial aircraft;
• Entering nuclear power plants; and
• Any other purpose that the Secretary shall determine.

That’s right!    Janet Napolitano  can add ANY other purpose that she decides should require the “gold star” at her sole discretion.  She doesn’t need your approval or even the approval of the person you  elected to represent you- your congress person.

Do you have a little gold star on your driver’s license and what does this star mean?

What happens if you don’t get the “gold star”?

This Florida resident and co-host of the radio show “Liberty Underground”,  explains why the “gold star” is where he draws the line.

Read more about Florida and getting the  “gold star card”

I-Team: Questions About New National ID Card