REAL ID IS BIOMETRIC ID

Oct. 26, 2015

Kaye Beach

The conversation surrounding the supposed impending enforcement of the federal REAL ID Act is so muddled that it is virtually impossible for anyone to develop an informed opinion on the matter. I am trying to help by providing documentation that will put to rest a few of the elementary aspects of REAL ID so that, hopefully, we can have a productive discussion about the matter.

To my mind, there is a few things about this federal law that we should understand before making a decision about whether or not our state should commit to it. For instance, we need to understand that REAL ID is a biometric ID and what the implications of moving the population en mass to this form of identification  are. Many seem to be confused about the difference between biometric ID and RFID so I want to write a post about that. We should also be aware that REAL ID requires the linking of our state databases and the is also an open ended aspect of the Act that we need to consider. There is much more to the REAL ID ACT but these are the items that come to my mind most immediately.

In my last post I addressed only one issue – are our Oklahoma state drivers licenses and ID cards biometric ID‘s? The answer is YES and you can take a look at the some of the sources of that information here.

In this short post, I am only going to address one subject as well.

REAL ID is BIOMETRIC ID

The Federal REAL ID Act of 2005 REQUIRES that a digital facial image be captured from each driver’s license and ID card applicant.

These images must to be captured conformant to an international biometric format standard enabling the use of facial recognition technology and global information sharing.

The National Conference of State Legislatures is a trusted policy think tank that advises state legislators about a variety of policy matters. In 2014 the NCSL did a policy brief on REAL ID. Here is what they say:

http://www.ncsl.org/research/transportation/real-id-is-for-real.aspx

A digital facial image is required by the REAL ID Act.

Link: https://www.dhs.gov/sites/default/files/publications/privacy_pia_realid_1.pdf

Buried in a pile of REAL ID rules is a notation that mentions a bit of technical information regarding the digital facial images that are required by the Act that reveals that the image is collected as biometric data (as opposed to just a simple photograph)

And more from the Department of Homeland Security on how this biometric data is intended to be used.

Link: https://www.dhs.gov/sites/default/files/publications/privacy_pia_realid_1.pdf

These are just a few sources that verify that REAL ID is indeed a biometric ID but in the spirit of trying to keep things simple, I am trying to provide just just enough information to put the question to rest.

REAL ID IS BIOMETRIC ID PDF
Here is a one page PDF of this info in case you would like a copy of these sources.

Now we know that our current ID cards and driver’s licenses are biometric ID’s and that the federal REAL ID is also a biometric ID.

My next posts will cover the difference between RFID and Biometric ID and some of the implications of biomtric identification and what the difference is between having a state level biomertric ID vs. a federal one.

Is my Oklahoma Driver’s License a Biometric ID?

Kaye Beach

10/22/2015

I admit that I am astonished to discover that many people in the Great State of Oklahoma do not yet understand that their Oklahoma state driver’s license and ID cards are biometric.

I am not really surprised anymore when I find that sometimes people don’t care, but I am really shaken up when I find that they don’t know.

Here is the problem, we cannot begin to have an intelligent and informed discussion about the pros and cons of biometric ID (for ordinary law-abiding people) if we do not even understand that we are currently being subjected to it – And we MUST have this conversation!

The faces of more than 120 million people are in searchable photo databases that state officials assembled to prevent driver’s-license fraud but that increasingly are used by police to identify suspects, accomplices and even innocent bystanders in a wide range of criminal investigations. . . . But law enforcement use of such facial searches is blurring the traditional boundaries between criminal and non-criminal databases, putting images of people never arrested in what amount to perpetual digital lineups. The most advanced systems allow police to run searches from laptop computers in their patrol cars and offer access to the FBI and other federal authorities.’ (Source: The Washington Post, June 17, 2013 State photo-ID databases become troves for police)

The current uses of biometric ID on the population is pretty tame compared to the planned and possible uses of the technology in the future. Right now we are blindly blundering ahead without looking at where we are headed.

Biometric simply means measurement of the body. Fingerprints, digital photos, iris scans and DNA are all examples of biometrics.

Explainer: what-is-biometric-id

Every couple of years we hit another REAL ID deadline set by the Department of Homeland Security and the news media explodes with sensational stories about how ‘soon’ we will not be able to fly or enter federal buildings. (To put it simply, there is no danger of any serious disruption for most people any time soon.)

I guess I shouldn’t view these roving deadlines with such dread but instead look at them as an opportunity to educate people on the issue because, at least for a short time, because they are terrified of being inconvenienced, they are paying attention to this policy that otherwise lurks in obscurity.

I am addressing just one fact in this post:

Oklahoma’s state driver’s licenses and ID cards ARE biometric ID’s

You must submit to a fingerprint scan and facial biometric captured in order to receive a driver’s license or ID card in this state.

Oklahoma biometric driver’s licenses made their  public “debut” in 2003-4

In 2010, the Department of Public Safety documents technical information regarding their collection of biometric data including the size of finger and face biometric template files and the size of its “facial recognition database” (See page 3 and 4)

None of this is hidden or a mystery of any sort.  in fact, the Department of Public Safety is quite open about some uses of its biometric ID. Like for instance, the fact that if you have your face and finger with you, you can get a replacement license without any documentation of your identity.

How? Because with biometrics, your body is your ID.

Biometric data, especially facial biometrics,  is extremely sensitive information that can be used to accomplish a great deal of surveillance and control over our personal affairs. It is important that we know what it is, who has it and how it is being used.

Downloadable 1 page explainer

Oklahoma’s Driver’s License is a Biometric ID docx

REAL ID Fright Fest 2015, Oklahoma Edition

Kaye Beach | Oct. 6, 2015

The headlines are scary.

Vaguely worded policies issued by the federal Department of Homeland Security and sensational headlines have allowed misconceptions about the actual consequences of not having a REAL ID to grow.

The very worst possible consequences of not having not having a REAL ID card are actually quite minimal.

To refresh your memory- the REAL ID Act was passed with little to no debate in Congress in 2005 as a rider to a ‘must pass’ military and disaster relief funding bill.  The most controversial portion of the law imposes federal standards upon state driver’s licenses and ID documents.  And contrary to media reports, the REAL ID Act does require the collection and digital retention of every driver license applicants’ biometric facial image.  This fact is acknowledged by the National Conference of State Legislatures as well as other policy professionals so you don’t have to take my word for it.

The biometric and other personal information is required to be shared among the states and is accessible to the federal government.
The consequences for having a REAL ID are far more disturbing than the consequences for not having a REAL ID  which can be summed up like this; Someday, if you do not have a REAL ID compliant driver’s license or one of the umpteen acceptable alternatives, the TSA will look you up in their database to make sure that you are really you and you may be subject to a secondary screening which generally means you will be asked to either go through the naked scanner or get a pat down and they will look in your bags. That’s about it so why are we being treated to this over the top fright fest?
Because fear is one of the only tools DHS has to get the states to comply

Jim Harper at Cato explains:

Right now, the Department of Homeland Security is sending out emissaries to tell state leaders that their residents might soon feel the TSA’s wrath. State motor vehicle bureaucrats and pro-national ID groups are joining them in the effort to herd state leaders over the national ID cliff.
But the threat of TSA enforcement is an empty one. REAL ID “deadlines” have come and gone many times. No state has ever come into compliance with REAL ID. No state will be in compliance in 2016. And the TSA will not begin a program to prevent Americans from traveling by air.

The adoption of the REAL ID standards is (by law) is voluntary for the states. This is not a mandate so implementation can only be accomplished gradually by persuading (or intimidating) the states into compliance. Since the law is so controversial (not to mention convoluted and costly!) states have little incentive to adopt the REAL ID standards.
No one really seems to want a REAL ID — unless they think that the consequences for not having one might be dire.

“. . .by requiring Real ID-compliant licenses to board commercial aircraft, the law could put a lot of public pressure on states to issue licenses that meet its standards.”
Source: USA Today, Real ID is slowly changing state drivers’ licenses, Jan. 22, 2014

Oklahoma has been granted an extension by the Dept. of Homeland Security. An extension means that the state’s driver’s license and ID cards will be accepted just as if the ID was fully REAL ID compliant.
From the Dept. of Homeland Security, REAL ID Enforcement in Brief:
“Individuals holding driver’s licenses or identification cards from these jurisdiction may continue to use them as before.”
The jurisdiction referred to are states where their licenses have been “(1) determined to meet the Act’s standards; or (2) that have received extensions.”

This means that Oklahoma ID’s are acceptable for flying, entering specified federal buildings and entering a nuclear facility, 3 of the four “official purposes” that will require a REAL ID.  There are FOUR official purposes that require a REAL ID but I have yet to hear the media cover the fourth purpose even once.

The REAL ID final rules require a REAL ID complaint driver’s license or ID card for certain specified “official purposes” (defined in Sec 201 of the Act.)
#1 Entering Federal facilities
#2 boarding a Federally-regulated commercial aircraft
#3 Entering a nuclear power plant
and
#4 Any other purpose established by the Secretary of Homeland Security
(Real ID Final Rules http://www.gpo.gov/fdsys/pkg/FR-2008-01-29/pdf/08-140.pdf)

The fourth official purpose is what a good friend of mine refers to as the “dictator clause”  It means just what it says.  The Secretary of Homeland Security can add any other purpose he or she wisher.  No congressional review – no nothing.  Would it bother you if you were required to present your biometric national ID for say….ammo?

That fourth purpose could come in handy for just about anything that needs to be monitored, rationed or controlled.  Ask Oklahoma media to cover THAT!

The DHS will be reviewing the progress of states that have received extensions this month. I predict that Oklahoma will be granted another extension.

On Dec. 29, 2014, the Dept. Of Homeland Security extended the deadline for enforcement upon states that have an extension or are deemed compliant with REAL ID until Oct. 1, 2020. Oklahoma appears to exempt from enforcement until 2020.

In the worst-case-scenario, one where the DHS refuses to grant our state and extension and we become subject to enforcement in order to board a plane “no sooner than 2016,”  it’s still not going to be a big deal for Okies.

Not once has it been publicly asserted by the Department of Homeland Security or the TSA that not having a REAL ID compliant license would ever be a basis for denying a person the ability to board a commercial aircraft or that a U.S. Passport is the only accepted alternative to REAL ID
Clarifying statements have been made by DHS officials though, they just aren’t the ones that make the headlines.
For example, Darrell Williams, former Senior Director, Office of State Issued ID Support, Department of Homeland Security, testified before a Congressional subcommittee that there are a variety of identification alternatives to a REAL ID and that not having a REAL ID compliant license will not prevent a person from boarding a plane. He went on to say to say that even individuals with NO FORM OF ID at all can still be permitted to fly.

Mr. Williams as the former Director of the REAL ID program for the Department of Homeland Security with (which directs the Transportation Security Administration) is very familiar with the policies of both agencies. No publicly available official statement on the matter of REAL ID and boarding a federally regulated commercial aircraft refutes Mr. Williams’ testimony.

Here is the TSA’s list of preferred ID documents:
• Driver’s licenses or other state photo identity cards issued by Department of Motor Vehicles (or equivalent)
• U.S. passport
• U.S. passport card
• DHS trusted traveler cards (Global Entry, NEXUS, SENTRI, FAST)
• U.S. military ID (active duty or retired military and their dependents, and DoD civilians)
• Permanent resident card
• Border crossing card
• DHS-designated enhanced driver’s license
• Airline or airport-issued ID (if issued under a TSA-approved security plan)
• Federally recognized, tribal-issued photo ID
• HSPD-12 PIV card
• Foreign government-issued passport
• Canadian provincial driver’s license or Indian and Northern Affairs Canada card
• Transportation worker identification credential
http://www.tsa.gov/travel/security-screening/identification

Here the TSA goes into a bit more detail regarding its identity verification procedures:

“TSA prefers that passengers use an acceptable ID at the checkpoint and only publishes the acceptable forms of primary ID, such as a driver’s license and passport on its website. However, we understand that, due to extenuating circumstances a passenger may not have an acceptable form of ID when attempting to travel on a commercial aircraft. Therefore, TSA has alternate means to verify identity in order to allow a passenger to travel and may rely on a variety of government-issued documents, commercial databases, and other agencies to verify passenger identity. The alternative means to establish identity are not published on the website in part because TSA prefers that passengers use acceptable ID.

The TSA website informs passengers that, if they do not have acceptable ID, they can alternatively provide additional information and undergo additional screening in order to be cleared. Specifically, the website informs the public that: “If you are willing to provide additional information, we have other ways to confirm your identity, like using publicly available databases, so you can reach your flight.”
(TSA response to congressional inquiry Aug. 7, 2014
https://www.scribd.com/doc/237497624/TSA-Doc)

No one is going to have to get a passport or be barred from flying due to the REAL ID Act.

This press released today by the Oklahoma Senate certainly sounds dire.

Can you imagine if people were unable to enter the Social Security office?  What if you were asked to appear in Federal Court and you don’t have a REAL ID?  What would happen?

Apparently nothing.

REAL ID Act of 2005 Implementation: An Interagency Security Committee Guide
Aug 2015, Interagency Security Committee
“…there is no requirement to produce a REAL ID Act compliant ID to enter a Federal facility for accessing health or life preserving services (including hospitals and health clinics), law enforcement (including participating in law enforcement proceedings or investigations), participating in constitutionally protected activities (including a defendant’s or spectator’s access to court proceedings, access by jurors or potential jurors), voting or registering to vote, or applying for or receiving Federal benefits…”
https://www.dhs.gov/sites/default/files/publications/isc-real-id-guide-august-2015-508_0.pdf

According to the Department of Homeland Security–
REAL ID does NOT apply to the following:
• Entering Federal facilities that do not require a person to present identification
• Voting or registering to vote
• Applying for or receiving Federal benefits
• Being licensed by a state to drive
• Accessing Health or life preserving services (including hospitals and health clinics), law enforcement, or constitutionally protected activities (including a defendant’s access to court proceedings)
• Participating in law enforcement proceedings or investigations

There is too much fear, uncertainty and doubt being pumped out by the media and state officials for me to address in just one post so expect more posts soon.  Until then – don’t let them scare you!

Update on my lawsuit to stop mandatory biometric ID and an urgent plea for your help TODAY!

Kaye Beach

June 25, 2014

I know my blog posts have been few and far between these days.  You know how I like to tell and I look forward to being able to tell you everything and begin posting frequently and freely again.

(My small talk news is that I am proudly working at a great local vape store! I only applied at one store and that was because of the owners and crew’s commitment to activism and helping smokers choose a safer alternative.   I am excited to be helping others make the transition from smoking to vaping as I have done after almost 30 years of smoking.  I am enjoying this work immensely and will be posting more on this soon!)

I am writing this post in order to  bring you up to speed on my lawsuit in Oklahoma opposing mandatory biometric identification in order to be issued a state driver’s license or ID card and make an urgent request for your support.

If you wish to contribute to my legal fund online through Paypal.com Here is the link: https://www.paypal.com/us/webapps/mpp/send-money-online  All you need is my email, which is axxiomforliberty@gmail.com

 By US mail, you can send a check or money order to;
Kaye Beach
P.O. Box 722381
Norman, Oklahoma, 73070

Biometric ID

‘Biometric means “measurement of the body.”  This is technology is used to measure aspects of an individual and transform this personal data into digital code for the purpose of identification.  With biometrics, your body IS your ID.

Biometric identification creates a perfect connection between our bodies and information about us.  It is also used to control access to places, services and goods and it is being implemented around the world through deception, coercion and stealth.  Industry experts predict that within five years, the majority of the world’s population will be enrolled into one or another biometric identification scheme.’ (Dec. 9, 2013, AxXiom For Liberty https://axiomamuse.wordpress.com/2013/12/09/help-me-stop-mandatory-biometric-id/)

I was honored to be interviewed by Oklahoma Journalist, Patrick McQuigan recently. (OK Woman battles ‘mandatory biometric’ required for drivers’ licenses  19-Jun-2014 )

And as I explained to Mr. McGuigan;

“I filed a lawsuit against this policy in the first place because I believe it is a violation of my right to freedom of religion, as well as my right to be free from unreasonable search and seizure, both of which are protected under Oklahoma law,”

(Press Release from the Rutherford Institute: Rutherford Institute Challenges Oklahoma’s Mandatory Biometric Photo Requirement for Drivers’ Licenses As Infringement of Religious Freedom)

I was also very pleased and surprised to see my story make the front page of the City Sentinel today. I owe a debt of gratitude to Mr. McGuigan for delving into my story.

Recap As some of you may be aware, I began my battle back in the summer of 2011.  Yes, the wheels of justice do indeed move slowly — especially in comparison to the rapid expansion in the use of the biometric technology.

In 2011, my driver’s license came due and because of all I had learned about the nature of biometric ID and my Christian faith, there was no way I could voluntarily and passively accept biometric enrollment. I had worked hard to gain a thorough understanding of the policy and technology behind the collection of our biometric data and I learned that this biometric identification system is not merely a state level nuisance, or even simply a reviled national identity system.  This is a global system of identification and financial control.   It will apply to everyone.  Right now, the people of the world are well on their way to total global enrollment.  I am determined not to be one of them!  Furthermore, I intend to prove that this is a violation of our rights as individuals so that we can protect these rights!

Regardless of our political or religious persuasions, a great many people oppose mandatory biometric enrollment and they do so on a variety of grounds.  The common thread is preserving individual freedoms. We must not allow ourselves to be trapped in this unbearably intimate, body-based system of government control!

In the spring of 2011, I was cited for driving without a valid license and with the help of my lawyers, I fought that citation in city court.  The Norman City Attorney, apparently reluctant to try and settle such a serious matter in a city court, dismissed my case.

Still, without a valid license or government issued photo ID, the normal duties of life become very difficult.  Purchases, banking, health care, travel and more, become extremely challenging and in the future, these things are intended to become impossible without a government issued biometric ID.

The state of Oklahoma patently refused to consider my religious objections and issue a non-biometric license and since I am certain that I have a right to freely live my life and follow my faith without having to submit the measurements of my body to government databases, my battle could not stop at a city court dismissal.   Ultimately, my lawyers filed a lawsuit on my behalf against the state to protect my right to religious freedom and against the unwarranted collection of my biometric data.

(Petition filed on Sept. 21, 2011 http://constitutionalalliance.org/xfiles/Constitutional-Alliance_Kaye-Beach_Petition-Suit-as-Filed.pdf  If you would like to read more about the beginning of this battle, please see My Real ID Reckoning, June 28, 201)

We are NOT criminals!

In a recent interview with local FOX news affiliate, I explained to the Reporter that one of the benefits to being a law abiding citizen is that we get to go about our business without having the government constantly looking over our shoulders, monitoring, evaluating and controlling our lives. When we are arrested, we are fingerprinted and our digital mug shot is captured along with scads of other personal information.  These details are entered into a database allowing the government to keep track of criminals and suspects for the purpose of protecting public safety.  Now, at the DMV, we are fingerprinted and this along with our digital ‘faceprint’ and biographical information is captured and stored for use with facial recognition technology. This data, like criminal data, is also used to keep an eye on us.  Tell me, where is the benefit of being a law-abiding citizen when we are all treated as criminals and suspects?

I am, of course, somewhat limited in what I can say but to bring you up to speed on my lawsuit here is what I can share;

June 18, 2013, we filed a Motion for Summary Judgment which is a pre-trail motion that presents the undisputed facts of my case to the judge asking that based on these undisputed facts that the judge rule in my favor. Page 1-10 lists 36 statements of undisputed facts.  The rest of the petition is legal justifications and exhibits.  I encourage everyone to read pages 1-30. (Motion for Summary Judgment, June 18, 2013, http://constitutionalalliance.org/xfiles/Kaye-Beach_Motion-for-Summary-Judgment-as-to-Count-1_6.19.13_reduced.pdf )

Then there were depositions.  The state had its opportunity to thoroughly question me about whatever they wished and I had to answer each of their questions honestly upon my oath.  Likewise, my lawyer had the opportunity to perform a deposition on the state.

On April 1^st, 2014, the state responded to my Motion for Summary Judgment and made a counter motion. The series of documents that comprise the state’s response is publicly available on the Oklahoma State Court Network which I have copied and pasted here for your convenience.

DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT / FOR SCANNING PURPOSES, DOC SPLIT INTO 3 PARTS / PART 1: MAIN PLEADING THROUGH EXHIBIT 2 (PAGE 59 OF TRANSCRIPT) Document Available (#1024392582)
04-01-2014	CNOTE	–	15174229	Apr 2 2014 8:19:59:360AM	–	$ 0.00
PART 2: EXHIBIT 2 (PAGE 60 OF TRANSCRIPT) THROUGH EXHIBIT 6 / DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1024392578)
04-01-2014	CNOTE	–	15174230	Apr 2 2014 8:20:32:300AM	–	$ 0.00
PART 3: EXHIBITS 7-10 / DEFENDANTS’ RESPONSE TO PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AND COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1024392574)

 

As you can see, the state’s response was a lengthy one – nearly 300 baffling pages.

My legal team’s response to the state’s response filed on June 17^th, at a total of 31 pages, is relatively short and sweet – as the truth tends to be.

PLAINTIFF’S VERIFIED REPLY TO DEFENDANTS’ RESPONSE TO HER MOTION FOR SUMMARY JUDGMENT, AND PLAINTIFF’S VERIFIED RESPONSE TO DEFENDANTS’ COUNTER MOTION FOR SUMMARY JUDGMENT Document Available (#1025965247)

So where are we now?

Very Close! The state will have an opportunity to respond once again and then this Motion for Summary Judgment should go before the District Judge.  It should be 60 days or less till the Judge sees and rules on this pre-trial motion.  I believe that the law is clear and that my rights are being violated.  I believe my Counsel has done an excellent job in stating my case.

“Kaye Beach’s lawsuit, is the only substantial challenge to government mandated biometric ID, to my knowledge, that exists anywhere in our country.”–The Constitutional Alliance

We are very fortunate that my legal challenge attracted the attention of the Rutherford Institute, a nationally respected civil liberties organization. I count this organization as the ‘best of the best’ when it comes to protecting the rights of all in our country and John Whitehead has long been a personal hero of mine. I am so grateful that the Rutherford Institute is providing their experience and support in my lawsuit

My personal attorney is Benjamin Sisney, a man that I have great faith in.  He has a heart for this case and has worked diligently in representing me every step of the way.  I truly believe that I could not have better representation in this case than Ben Sisney and know that my case is in the best of hands.  It is important for you to understand how strongly I believe in my Attorney because this leads me to my purpose for writing to you today.

My excellent legal representation is not free

Right now I have an outstanding balance of about $17,000 for the hard work Mr. Sisney and his firm has done on my behalf and that balance must be paid up and quickly!  I must honor my debt to these good people as they deserve to be paid for their labors.  In my past fundraising efforts, you have come through for this cause and even though I know that money is tight for all, I am counting on you again.

I am on a very short timeline to get this debt cleared and am pleading for your help to get it done. 

For those who think that this issue is too complicated or somehow does not apply to them personally, please pay attention to John Whitehead’s (President of the Rutherford Institute) quote that Patrick McGuigan chose to include in his article about my case. (In bold below)  I think it neatly pins the crux of the problem with mandatory biometric ID, to the wall.

“Whatever one’s belief systems — whether a person views a biometric ID card in the form of a driver’s license or other government-issued form of identification as the mark of the Beast or merely the long arm of Big Brother, the outcome remains the same — ultimate control by the government,”

Read more

If you support my effort to stop mandatory biometric enrollment, please, share this message with others and give as generously as you can today!

“As more and more of us are enrolled it is safe to predict that the balance of power that exists between the people and their governments will correspondingly shift further away from the people and towards government.  History shows us that, unerringly, that such power will be abused and the window of opportunity to resist this system of human identification and control is closing.”

https://axiomamuse.wordpress.com/2013/12/09/help-me-stop-mandatory-biometric-id/

Here is how to contribute:

You may make a donation online through Paypal.com Here is the link:

https://www.paypal.com/us/webapps/mpp/send-money-online  All you need is my email, which is axxiomforliberty@gmail.com

By US mail, you can send a check or money order to; Kaye Beach P.O. Box 722381 Norman, Oklahoma, 73070 (Please make the check out to “Kaye Beach”. You may write “legal defense fund” in the memo section of your check or money order)

Thank you for all you do for freedom!

 

Kaye Beach

 

 

 

Help Me Stop Mandatory Biometric ID!

Kaye Beach

Dec. 9, 2013

My name is Kaye Beach.  If you don’t know me, here is the short story;  I’m an ordinary woman, a Christian, a mom, and a wife.  I was a small business woman for about 20 years but for the last six years I have been an activist with one mission – to stop mandatory biometric ID.

I have filed a lawsuit against the state of Oklahoma to challenge the requirement of my biometric data in exchange for a state driver’s license.  I believe that this requirement is a violation of my right to religious freedom and my right to be free of unwarranted searches and seizures both of which are protected under Oklahoma law.  (You can read my Motion for Summary Judgment here)

Biometric means “measurement of the body.”  This is technology is used to measure aspects of an individual and transform this personal data into digital code for the purpose of identification.  With biometrics, your body IS your ID.

Biometric identification creates a perfect connection between our bodies and information about us.  It is also used to control access to places, services and goods and it is being implemented around the world through deception, coercion and stealth.  Industry experts predict that within five years, the majority of the world’s population will be enrolled into one or another biometric identification scheme.

The simple truth is that all of us are being enrolled into a single, global system of identification and control that links our bodies through biometrics to our ability to buy sell and travel (and more!)

My lawsuit is based on the Oklahoma Religious Freedom Act and Article II Sec. 30 of the Oklahoma constitution, our state’s reiteration of the Fourth Amendment which says we have a right to be free of searches and seizures without just cause. When it comes to biometric ID, It makes no difference whether you are a Christian who is preaching the Gospel, an activist protesting injustice, or merely an ordinary person trying to work and feed your family – mandatory biometric ID means ultimate control by government.

Information is power.

As more and more of us are enrolled it is safe to predict that the balance of power that exists between the people and their governments will correspondingly shift further away from the people and towards government.  History shows us that, unerringly, that such power will be abused and the window of opportunity to resist this system of human identification and control is closing.

In the US, enrollment is being accomplished largely through state driver’s license and ID cards.  For example, the current Immigration reform bill seeks to build upon the existing DMV biometric databases and use our biometrics to control our ability to work for a living.

And as Jennifer Lynch of the Electronic Frontier Foundation has testified,

‘The FBI’s Next Generation Identification (NGI) database represents the most robust effort to introduce and streamline multimodal biometrics collection.  FBI has stated it needs “to collect as much biometric data as possible . . . and to make this information accessible to all levels of law enforcement, including International agencies.” Accordingly, it has been working “aggressively to build biometric databases that are comprehensive and international in scope.”’

The state biometric DMV databases are the foundation for corporate and government tracking and control. This is why I am fighting the state’s mandatory biometric ID but I need your help in order to win.

The Constitutional Alliance writes, “Kaye Beach’s lawsuit, is the only substantial challenge to government mandated biometric ID, to my knowledge, that exists anywhere in our country.”

My lawsuit is challenging the compulsory nature of biometric ID.  I want to know – do we have the right NOT to be enrolled?  That is the question that has not been asked, that must be asked in a court of law, and this is why I am asking for your help.  We have one more deposition to complete and then the case should proceed on to the courtroom.  My legal representation is not free and my case will only go forward if people are willing to support it.  I need to raise $20,000 for my legal fees in order to keep my agreement with my legal team and keep my case moving forward.

There are no longer any technical or political barriers to implementing this unprecedented system of global identification and financial control. The only obstacle now is you and I. 

If you want to help me win this first, crucial fight against mandatory biometric enrollment I ask you to please consider contributing whatever you can, to my legal fund.

If you wish to donate to my legal defense fund, you may do so online  through Paypal.com
By US mail, you can send a check or money order to;
Kaye Beach
P.O. Box 722381
Norman, Oklahoma, 73070

(Please make the check out to “Kaye Beach”. You may write “legal defense fund” in the memo section of your check or money order)
Thank you and God Bless,

Kaye Beach

Follow the developments in my legal case at http://constitutionalalliance.org

Contact me at AxxiomForLiberty@gmail.com

Tonight on AxXiom For Liberty Live Mark Lerner, Real ID/Biometric Expert on Biometric ID in Immigration Reform Bill

Kaye Beach

May 17, 2013

Tonight on AxXiom For Liberty Live with Kaye Beach and Howard Houchen  6-8 PM Central – International Biometric ID for All if Immigration Reform Bill Passes

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There is much conflicting information being bandied about regarding the immigration reform bill (.744, the ‘Border Security, Economic Opportunity, and Immigration Modernization Act’)

Let’s clear the fog.

Mark Lerner is the co-founder of The Constitutional Alliance, and the nation’s leading expert on biometrics and the Real ID Act.  He will tell us exactly what is and isn’t in the bill and what it all means for us.  Don’t miss this opportunity to get the straight truth about S.744!

Howard and I will also be discussing a variety of important topics and taking your calls.

Your questions or comments are always welcome!

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Your photo in your state driver’s license or ID card IS a Biometric

Mark Lerner explains:

Biometric is defined as: Measurements of the body. There are both physiological and behavioral biometrics.  For the sake of this document the focus will be on facial recognition and photographs.

There has been a great deal of conversation and equal amount of confusion about whether a photograph of an individual is a biometric.   The answer is “yes”.  Whether the photograph is an analog (old Polaroid photos) or a digital photograph, a photograph is a biometric.  The question becomes why are digital facial images/photographs now used instead of the older analog photos that were used on driver’s licenses and other identification documents?  The simple answer is the accuracy of the matching or comparison between one photograph and another is greatly increased when working with digital facial images.

One way to examine the question of whether a photograph is a biometric is by looking at photographs and fingerprints.  It is widely accepted to the point of being undisputed, that a fingerprint is a biometric.  Consider that when a person places a finger on a ink pad and then places that same finger on a piece of paper, the result is a fingerprint on the piece of paper.  Now let’s look at a photograph.  The photograph of a person’s face the equivalent of fingerprint, only the photograph is a representation of a person’s face instead of their finger tip.

Just as there are fingerprints that are not of sufficient quality to allow for computer automated comparisons, the same is true of photographs.  It is for this reason that we see standards for the collection of both fingerprints and photographs.  These “standards” are the minimum acceptable standards for the computer automated analysis/comparison.

The question of whether a photograph is in itself a biometric is especially important today because of the use of facial recognition software.  Facial recognition (software) in its simplest terms is described as follows:

Facial recognition systems are computer-based security systems that are able to automatically detect and identify human faces. These systems depend on a recognition algorithm, such as eigenface or the hidden Markov model. The first step for a facial recognition system is to recognize a human face and extract it fro the rest of the scene. Next, the system measures nodal points on the face, such as the distance between the eyes, the shape of the cheekbones and other distinguishable features. These nodal points are then compared to the nodal points computed from a database of pictures in order to find a match. Obviously, such a system is limited based on the angle of the face captured and the lighting conditions present. New technologies are currently in development to create three-dimensional models of a person’s face based on a digital photograph in order to create more nodal points for comparison. However, such technology is inherently susceptible to error given that the computer is extrapolating a three-dimensional model from a two-dimensional photograph.  http://epic.org/privacy/facerecognition/

Today in the United States and in other countries there has been a great deal of discussion about “facial recognition” in particular and more generally “surveillance”.

It is not widely known that all states in the United States are “capturing” a digital facial image/photograph that is facial recognition compatible.   Real ID compliant and non-Real ID compliant states use the same standard for the digital facial image/photograph capture.  Every state works with AAMVA (American Association of Motor Vehicle Administrators).

AAMVA has adopted the ICAO (International Civil Aviation Organization) standard that is required by the Real ID Act (page 68, footnote 17, Notice of Proposed Rule Making, Real ID Act 2005).  In addition, the vendors who have been awarded state driver’s license contracts have adopted the same standard as called for in the Real ID Act 2005.

The following is the wording that articulates the standard for AAMVA, the vendors who have been awarded state driver’s license contracts and the Real ID Act 2005.  This wording is taken from page 68, footnote 17 of the Notice of Proposed Rule Making for the Real ID Act 2005.

“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.”

In conclusion, there should no longer be a question in anyone’s mind that the photographs of a person’s face which are contained in every respective state Department of Motor Vehicle photo database is a biometric.

The Immigration Reform Bill – Prodding Forth Real ID, an INTERNATIONAL Biometric ID

Kaye Beach

May 14, 2013

On May 10^th The Blaze ran a headline that asks; Is There a Scary Biometric ‘National ID System’ Tucked into the Immigration Bill?

The answer is YES!

But wait!  There’s more. . .I sometimes feel like I am belaboring the point but it seems to me the distinction between a national and INTERnational biometric identity system is a very important one.

Study that graphic up there.  It is the simple three step recipe for a single, global biometric identification system.  Read this post then look at it again and see if you can grokk what I’m telling you.

The federal Real ID Act of 2005 imposed federal guidelines that use international standards on state driver’s licenses and ID cards.  You may remeber that at least 25 states said no to Real ID by passing either a law or a resolution against the implementation of the Real ID Act.  Nevertheless, Real ID has continued to be implemented in most states to various degrees.

“By the deadline of January 13, 2013, most states will be substantially or materially or fully compliant with REAL ID” —Janice Kephart, Feb. 2012

It is important to note though, that ALL states are capturing and storing applicants’ digital facial images.  And although not all of the states are actually using this facial biometric as intended by the Real ID Act, eventually they will be.   The immigration reform bill (S.744, the ‘Border Security, Economic Opportunity, and Immigration Modernization Act’) will make sure of it.

In case you missed it, now, when you apply for a state driver’s license, a state identification card or any other form of government issued photo ID really, you are having your facial biometrics captured by a high resolution photograph.  High resolution digital cameras capture, map, digitize and database our facial features for the purpose of use by facial recognition technology.

Facial recognition technology enables remote identification and tracking through networked camera systems without our knowledge or consent.  As a matter of fact, facial biometrics is the governments biometric of choice because it can be used to identify and investigate us at-a-distance without our knowledge or consent.

Pay close attention here: This digital image on your state driver’s license or ID card is, by definition, a biometric.

The standard specified in the Real ID regulations for your state driver’s license and ID cards ensures that the digital facial image is facial recognition compatible.  That standard is the adopted standard of the ICAO, the International Civil Aviation Organization, an agency of the UN.

(Want more information?  Read REAL ID – BIOMETRIC FACT SHEET)

International standards exist for one purpose;  to enable the global sharing of that information.

“REAL ID is. . .the current face of a far larger, international government and private economic effort to collect, store, and distribute the sensitive biometric data of citizens to use for the twin purposes of government tracking and economic control.” -PA Rep. Sam Rohr

Real ID is technically voluntary for the states.  What the government has always intended, is for Real ID to be practically mandatory for the citizens.  This is why the threat hangs over our heads that if we do not have a Real ID card by a certian date, we will not be able to fly or enter a federal building.

“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

The road to Real ID compliance has admittedly been a rather slow and arduous one but the Immigration Reform bill (S.744, the ‘Border Security, Economic Opportunity, and Immigration Modernization Act’), if passed, will put a stop to any state foot dragging on Real ID because citizens will have to have it in order to work!

 A Real ID compliant driver’s license is specifically named as one of the acceptable ID documents in the bill (but all ID documents specified in the bill are biometric ID’s.)

To be perfectly clear – with S.744, producing your government issued, internationally standardized biometric ID is mandatory.  You will not be able gain permission to work without it. 

In authoritarian societies you must always have permission.

Forget privacy.  That is not what this is about.  This is about the balance of power between us and our government.  This is about control.  If we wish to retain control over our own lives, we will not accept government serializing of our bodies and we won’t allow the government to turn our rights into privileges

The Sec. of the Dept. of Homeland Security also has the option to add any other biometric or security feature as a requirement for those who wished to be employed so facial biometrics is the minimum biometric requirement but iris scans, fingerprints, or any other biometric could be required as well.

The new comprehensive immigration reform bill is not the first step in enrolling US citizens in the global biometric identification system.  The first step was that every government issued ID (especially the driver’s license) captured and collected your biometric data and that that data was collected in accordance with international standards.  The second step is to share your biometric data, to connect databases so that they can get that data flowing freely from the state and local databases on to the federal ones and eventually into global data systems.

One other important step in this global system of identification and control is to make sure we have to produce our global biometric ID for everything.  Or at least everything that we do that government wants to track and control.  And don’t forget that with biometric ID, your body IS your ID.  It’s the databases and not the card we should be focusing on.

Here are a few more facts about the bill as drafted;

Requires ALL potential employees to be authorized to work through the Dept. of Homeland Security.  Even If you are already employed when the proposed law goes into effect, you still will have to go through this authorization process.

Authorization hinges upon biometric identification.  Biometric data, including but not necessarily limited to, digital facial image, is required.  Real ID compliant driver’s licenses are cited as one acceptable form of biometric ID but the bill leaves the door open for the Sec. of the Dept. of Homeland Security to add other security requirements as he or she see fit.

The immigration reform bill requires employers to use a “photo tool” to verify the identity of each employee.  The term ‘photo tool’ is simply a euphemism for facial recognition software that will be used to match the facial biometrics provided by the potential employee to a federal database.

Where will this federal database come from?  I asked this question of Mark Lerner, co-founder of The Constitutional Alliance,  the leading expert on biometrics and the Real ID Act.

Here is his reply:

 “The answer will come in the Rulemaking process. There are two possible scenarios. In either scenario the “key” will be the photos stored in state DMV databases. Whether it will be DHS requiring employers to send photos to DHS and DHS having direct or indirect access to state DMV photo databases or whether DHS will require the photos the employers uses to be provided directly to states for the states to compare to photos in the state DMV database remains unclear. I also believe it is clear DHS will get the photo regardless.”

Access to the biometric data held in state DMV databases will be a must. 

There are reasons I have been having a fit trying to get my biometric data OUT of the state Department of Public Safety database.  I think this bill goes a long way in making my argument for me.  Read more about my lawsuit against the state of Oklahoma for the unwarranted collection of my biometric data here.

There is more to this bill to be concerned about  For instance,  the unconstitutional lack of due process.  Every person must prove they are a US citizen before they can work.  If the system says you do not pass muster, you are required to be terminated from your job at the end of an administrative process.   Will have more info on this and other issues soon.

REAL ID-Great for Gun Control and a whole lot more!

Kaye Beach

Oct. 16, 2012

Prescient words from 2008;

The long-term plan for REAL ID is to force its biometric ID functions on federal, state, local and private entities for all transactions. Thus, ID confirmation by a distant bureaucracy becomes permission for essential daily activities including banking, doctor visits, transit, school attendance and purchases — including guns.

. . .By participating in REAL ID, Pennsylvanians will be subjected to scrutiny by a host of federal agencies with every swipe of a REAL ID card. This is de facto gun registration, only worse. Once a gun buyer is identified, other information such as military service, purchases, rentals, travel, and medical history will be easily cross-referenced and subjected to interpretation. It’s inevitable that politicized standards will emerge that can be used to deny Pennsylvanians the right to keep and bear arms — everyone except violent criminals and politicians’ bodyguards.

Read more

Yesterday was the deadline for states to notify the Dept. of Homeland Security as to whether or not they will be in material compliance with the REAL ID Act of 2005.

The deadline for compliance with the REAL ID Act has been moved up three times since the law was passed.  Now we have almost reached the final deadline.

DHS expressed confidence at the end of August this year that all states would be in significant compliance with the law by Jan. 15 2013, the final deadline for state compliance for REAL ID.

“All 56 states have submitted some documentation of their status with respect to the material compliance benchmarks or “elements” of REAL ID to DHS since 2009. On the basis of the total dataset of states reporting, all states meet or commit to meet 83 percent of the material compliance benchmarks, which DHS believes may understate state progress.”

Americans have taken note of the fact that demands for ID and even the swiping of their driver’s license has exploded.  Now that resistance by the states to the national/international ID card has been largely overcome – watch out!  REAL ID will be increasingly required for just about every thing you need, including guns.

This is what REAL ID was made for.

Remember 25 states passed either a law or resolution prohibiting the implementation of REAL ID, including the great state of Oklahoma.  But they have just about pulled it off anyways.  Oklahoma is a mere 1 benchmark away from material compliance.  And other states are seeing “stars”

Back in 2009, Mayors Against Illegal Guns were already smacking their lips at the prospect of using REAL ID for gun control.

Recommendation 3: The Department of Homeland Security (DHS) should require REAL ID-compliant identification for all gun purchases after December 1, 2014.  read more

One little known fact about REAL ID is that there is no statutory limit on “official purposes” that the REAL ID can be required for. (There are currently three official purposes; boarding a commercial airliner, entering a federal building and nuclear facility)  What this means is that the Secretary of the Dept. of Homeland Security has unfettered authority to add anything she likes to official purposes that require a REAL ID.  That could be guns, ammo, prescriptions . . . anything.

Read more about REAL ID

REAL ID- MORE Than Just Drivers License Control and Expanding Rapidly

Schools-Social Laboratories for Human Surveillance

Kaye Beach

Oct. 10, 2012

The latest story about Texas school children being tagged and tracked with active RFID tracking devices  (the passive variety is considered “a little less Big Brotherish.”) has caused some controversy.  We are told that this is no big deal, that the RFID tracking simply allows the school to more efficiently do what it already does-take attendance and keep track of students whose safety and well-being is entrusted to the school by parents. But there is much more going on here and the issue deserves to be examined in a broader context.

Here is an excellent article by David Rosen of AlterNet that pulls together a variety of news relating to the tracking and surveillance of students.  If you are even slightly uncomfortable about the implementation of these high tech schemes being unleashed on our children, you should read every word of this article which provides some much needed context to the individual stories that trickle down to us from time to time.

These children are the leaders of tomorrow and their experiences at school help serve to fix the values that they will carry with them into adulthood and they are being immersed in an environment saturated with sensors designed to supervise, control and correct them.  (Here are some other objections to student RFID tracking)

Rosen’s article covers RFID and GPS tracking, electronic monitoring devices being used on kids to combat obesity in New York, electronic monitoring of calories consumed in school cafeterias,  networked CCTV systems that are directly  accessible to police and disturbing abuse of student privacy through CCTV cameras,  school computers that use cameras to remotely spy on students in their own homes, federal funding of school surveillance and more.

I would like to add one thing to  Rosen’s litany; biometric identification such as finger scanning to make lunch lines more efficient 

Rosen writes;

Few parents or children are fully aware of the scope of the tracking and surveillance now going on in American schools. Three simple questions need to be addressed: What is happening to all the personal data captured about the students? How long it is being retained? And are school administrators providing it to law enforcement authorities or commercial vendors?

Here is the AlterNet article.

Kids Tagged With RFID Chips? The Creepy New Technology Schools Use to Track Everything Kids Do — And the Profit Motive Behind It

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.