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.

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

Listen Live-LogosRadioNetwork.com  click ‘Listen’ then choose your Internet speed.  Logos Radio Network is a listener supported, free speech radio network and your contributions are vital but you do not have to be a subscriber in order to hear the show.

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!

CALL IN LINE 512-646-1984

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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

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.

 

Michigan Rep. Raps Real ID Cheerleader

Kaye Beach

March 2, 2012

Janice Kephart, Director of National Security Policy with the Center for Immigration Studies put out her yearly progress report on Real ID.  Real ID opponents fairly bristled at the glowing portrayal she gives of the highly unpopular biometric identification card scheme.

We know that 25 states passed either a law or resolution against implementing the Real ID Act but if you read Ms. Kephart’s report, you might wonder just what all the fuss was about since she claims that,

“Overall the report finds that there is substantial compliance sought across the board by all states and territories. . .”

Michigan Representative, Paul Opsommer, answers back,

“We do not see ‘tremendous value’ in pursuing ‘REAL ID standards’ as this report attempts to assert,” said Opsommer. “These are state policy positions we are pursuing on our own, irrespective of REAL ID.”

Janice Kephart is so dedicated to the Real ID cause that she even dropped by my little blog recently to reassure readers that

“There is no national ID here. Not even close.”

What a relief!  After years of study and worry about Real ID being a national, no!  An international ID,  to be precise, I can finally rest easy because I have it on good authority that Real ID is no such thing by Ms. Kephart.

Sarcasm aside, at least Kephart is not trying to hide the hated Real ID behind the cute little star that is gracing the face of state driver’s licenses that meet the federal standards imposed by Real ID which would indicate to most that their Real ID or  “STAR ID” card, is indeed a national ID. Some of  these same astute Americans will tell you that the national standards imposed by Real ID  on state driver’s licenses and ID cards, are also international standards leading them to the conclusion that not only is Real ID a national ID, it is also qualifies as an international ID as noted by a knowledgeable reader of AxXiom For Liberty in his response to Ms. Kephart,

International standards, international organizations and an international organization named a “hub” and “backbone” in the Final Rules issued by DHS in January 2008, HMMM!

Janice Kephart’s progress report on Real ID, while it is a very helpful guide for loyal opponents to the Real ID Act in helping to flush out the state’s that have either followed the will of the people or betrayed them by forging ahead with the Act that was formally opposed in 25 states, also does a grave disservice by claiming achievements for Real ID that it doesn’t deserve as Rep. Opsommer illustrates in his response to Kephart’s ‘REAL ID Implementation Annual Report‘

Opsommer: Real ID implementation report shows major portions of law no longer needed.

Michigan State Representative and House Transportation Chair Paul Opsommer (R-DeWitt) said that a recent report put out by the Center for Immigration Studies, titled the ‘REAL ID Implementation Annual Report’, misrepresents the notion of ‘compliance’ and actually makes the case that the federal law that would turn driver’s licenses into national ID cards is not needed.

“We do not see ‘tremendous value’ in pursuing ‘REAL ID standards’ as this report attempts to assert,” said Opsommer. “These are state policy positions we are pursuing on our own, irrespective of REAL ID.”

Before REAL ID was passed in Washington by dubious methods, there was already a negotiated rule making process going on with the states to make sure they were not giving driver’s licenses to illegal aliens, and that licenses were made out of tamper-resistant materials from secure card production facilities.

“REAL ID not only repealed that process, but did so in a way that creates a national ID card that puts unelected federal bureaucrats permanently in charge of wireless computer chip, facial recognition technology, fingerprint, and foreign data sharing decisions,” said Opsommer.  “For cheerleaders of this national ID card campaign to highlight that states continue to pursue secure standards on their own, even in those states that have not authorized REAL ID or have passed laws opposing it, as somehow indicative of mass acceptance or compliance is nothing more than a public relations gambit.”

read more

The FBI is Aggressively Building Biometric Database, International in Scope

Kaye Beach

Dec. 26, 2011

FBI’s Next Generation Identification (NGI)

According to the FBI it is official FBI policy to collect “as much biometric data as possible within information technology systems” and to “work aggressively to build biometric databases that are comprehensive and international in scope.” link

“We need to recognize the change that is occurring in society, Society is taking away the privilege of anonymity.”  –– Morris Hymes, Head of the ID Assurance Directorate at the Defense Department.

With the FBI’s continuance of their Next Generation Identification project, the United States is rushing headlong into Mr. Hymes’ vision.

“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 (http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=514&invol=334), 357 (1995)

Biometrics is enables mass surveillance systems to become unbearably intimate.

“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 resulting in tactical and strategic situational awareness and intelligence advantage.”

Biometric Enabled Intelligence- The New Frontier in Biometrics by Kimberly Del Greco, 2009 Biometrics Consortium Conference.

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. more

FBI Next Generation ID overview ppt

Facts about NGI

-In 2008 Lockheed Martin won a 1 billion dollar contract for the NGI.

http://www.bloomberg.com/apps/news?pid=newsarchive&sid=aU8dsjtMXgdo

-NGI will be fully operational in 2014

-This database is international in scope.  Biometrics collected by government officials from is already done so using international standards for the purpose of international sharing.

-The FBI will share data with more than 18,000 local, state, federal, and international agencies. link

-State DMV databases are one of the desired sources of biometrics for the FBI.

FBI Facial Recognition Initiatives

-The database is NOT being built from the biometrics of just criminals or legitimate suspects.  The NGI consolidates two existing databases of biometric information (one from the FBI and one from the Dept. Of Homeland Security) both of which were designed to be independent of each other and not interoperable. The FBI database, IAFIS, being merged with NGI, contains biometric data obtained from civil sources such as attorney bar applications, federal and state employees, and from people who work with children or the elderly so perfectly innocent if not model citizens also are included in the mix.   link

Link

-The FBI intends to supplement the biometric data is already has access to with biometric data from “seized systems” and “open sources”.  That means pictures that are on the internet or ones collected by existing CCTV surveillance cameras.

-The NGI currently contains palmprints, scars, marks, tattoos, voices, irises, and facial measurements but designed to collect even more types of biometrics, such as DNA, in the future.  (Can you imagine being stopped for a traffic violation and on the spot having a DNA sample taken, tested and used to pull up volumes of information about you?  Well, they can. )

-The FBI’s Next Generation ID violates the 1974 Privacy Act provisions which require that federal agencies maintain the records accurately and sets limitation on how and with whom the records can be shared.  The FBI claims that it is exempt from these provisions.

-The FBI has already deployed handheld biometric collection devices to police officers to help build the NGI database.

 And a mobile tool – the Biometric Identification (B-iD) Tools Program – will allow FBI agents to capture and access database photos, fingerprints, iris prints and other biographical data in the field.http://animetrics.com/the-fbis-next-generation-identification-program-helping-law-enforcement-track-and-share-suspect-information-across-state-lines/

March 21, 2011

FBI center takes on $1 billion ID project

Under the system, state and local police officers also will eventually use hand-held devices to scan suspects’ fingerprints and send the images electronically to the FBI center.

“It’s a quick scan to let police officers know if they should let the person go, or take him into custody,” Morris said.

http://wvgazette.com/News/Business/201103211014

–Secure Communities, a Department of Homeland Security (DHS) Immigration and Customs Enforcement (ICE) program collects the biometrics of any person any time that a criminal background check is done.  The purpose, we are told, is to identify those immigrants that are in the U.S. illegally.   That information goes into the  the FBI’s NGI database.  Secure Communities serves the greater goal of the FBI to collect the biometric and personal data of as many individuals as possible in order to populate their growing Next Generation ID database.

“The FBI describes S-Comm as “the first of a number of biometric interoperability systems” that merge into NGI.3 The FOIA documents show that the FBI, and not DHS, was the first federal agency to call for mandatory implementation of S-Comm. The documents further reveal the FBI’s fear that any opt-out for SComm might lead states to rightfully question their participation in NGI.”

“. . .newly disclosed documents expose the FBI’s goal to accumulate a large biometric database that far exceeds its current fingerprint collection, extending to the collection and retention of iris scans and digital photographs to support automated facial recognition scans in real-time.1 NGI aims to impose an automated process linking state and local databases with a federal government biometric data warehouse.”

Read more about Secure Communites and Next Generation ID

States were told they could ‘opt-out’ of the Department of Homeland Security’s Secure Communities but in reality states were only allowed to “opt-out” of receiving information back from federal agencies.  They are still required to send the information collected on individual to the federal government.   The states are being forced to funnel this personal information to DHS and the FBI to be used for purposes entirely out of the scope of Secure Communities.

States can’t opt out of Secure Communities program

The Obama administration has told governors the fingerprint-sharing program that targets criminals in the country illegally does not need their approval to operate in their states.

In Aug. of 2010 the state of Minnesota asserted that the personal and biometric data collected by the state was the property and responsibility of the state and that it was not to be used by the federal government for purposes not expressly permitted by the submitting law enforcement agencies.  The Department of Homeland Security in response to Congressional Questions for the Record that states have no choice about how personal biometric data was used or shared once they shared that data with the federal government.

If it is not somehow perfectly obvious how threatening NGI is to ordinary, law abiding individuals, everyone that has an encounter with law enforcement (as well as those who don’t!) and have their biometric data is collected (not necessarily just those who are arrested) will be included in this grand database which will enable the creation of incredibly detailed dossiers on the population and at a distance tracking and monitoring of individuals not accused or suspected of any crime.  We can expect increasing numbers of  encounters, such as on the street or traffic stops with police using handheld biometric devices for the purpose of feeding the federal government’s insatiable appetite for more and more personal information.

When the Cops are Worried About Your Privacy-You Should Worry Too!

Kaye Beach

Dec 5. 2011

I imagine somebody is making a mountain of money off of this deal.  It will be ordinary travelers along with the cops on the beat that will end up paying the interest on this foolish plan.

In today’s world, your information is VALUABLE and your rights are CHEAP.

GATSO USA Forms Unique, Strategic Partnership with Nlets

Earlier this month, GATSO USA was approved as a strategic partner by the Board of Directors of the National Law Enforcement Telecommunications System (Nlets).  Nlets is the nation’s premier interstate network for the exchange of critical law enforcement, criminal justice, and public safety-related information. Supporting every agency at the state, local and federal level. . .

The approval of GATSO is an exciting first for the photo-enforcement industry.

Nlets will be hosting GATSO’s back office and server operations within the Nlets infrastructure. GATSO will have access to registered owner information for all 50 states plus additional provinces in Canada. The strategic relationship has been described as a “win-win” for both organizations.

. . .From GATSO’s perspective, hosting the system with Nlets will provide a ruggedized, robust connection to comprehensive registered owner information.

. . .Nlets was created over 40 years ago by the principal law enforcement agencies of the States. Today, it serves law enforcement agencies in all of the United States and territories, all Federal agencies with a justice component, selected international agencies, as well as a variety of strategic partners — all cooperatively exchanging data. (Emphasis mine) The types of data exchanged vary from motor vehicle and drivers’ data, to Canadian and Interpol databases, state criminal history records, and driver license and corrections images.

Read More

Here are some of NLETS’ “strategic partners”

REDFLEX (Red Light (S)camera company)

OnStar (your on board eavesdropping and tracking device)

BioKey (biometric company)

and an old Oklahoma favorite,  InsureNet

 

 

 

 

 

 

 

 

 

 

The following is from the ‘Nowhere to Hide’ Blog (A site that says it is ‘ for cops by cops’)The writer reviews a few basic facts of the situation and asks some obvious questions that really illuminate this liberty and privacy travesty that is happening right under our noses.

“Should we be worried” he asks.  Worried?!  Worried is an understatement.

As the author notes, this endeavor involves;

“. . . innovative use of technolgy for law enforcement, a psuedo-government agency (Nlets), two foreign-owned private companies, and LOTS of PII sharing.- some might even say it had all the makings of a Will Smith movie “

Security, Privacy, and Innovative Law Enforcement Information Sharing: Covering the bases

Excepts from NowheretoHide.org, published Feb 6, 2011;

The main points I took away from this press release were:

1. Nlets is going to host the back-end server technology that GATSO needs to look up vehicle registration information of red-light runners;
2. Gatso is going to have access to vehicle registration information for all vehicles/owners in ALL 50 states in the U.S. and (some) provinces in Canada; and
3. And, because it’s behind Nlets firewalls, security is not an issue.

. . .After I read the press release, I thought that it would be a good case-study for the topic of this blog – it involved innovative use of technolgy for law enforcement, a psuedo-government agency (Nlets), two foreign-owned private companies, and LOTS of PII sharing – some might even say it had all the makings of a Will Smith movie.

To help set the stage, here are a few facts I found online:

• Gatso-USA is a foreign company, registered in New York State, operating out of Delaware; its parent company is a Dutch company, GATSOmeter BVGatso.
• Gatso does not appear to vet all of the red-light/speed violations itself; it uses another company – Redflex Traffic Systems to help with that (Redflex is not mentioned in the press release).
• Redflex seems to be a U.S. company, but it has a (foreign) parent company based in South Melbourne, Australia.
• Finally, there are no-sworn officers involved in violation processing. Red-light/speed enforcement cameras are not operated by law enforcement agencies; they outsource that to Gatso, who installs and operates the systems for local jurisdictions (with Redflex) for free, (Gatso/Redflex is given a piece of the fine for each violation).

BUT what is new here is that a sort-of-government agency (Nlets), has now provided two civilian companies (with foreign connections) access to Personally Identifiable Information (PII) (vehicle registrations) for the entire U.S. and parts of Canada…should we be worried?

Here are nine questions I would ask:

1. Personnel Security: Will Nlets have a documented process to vet the U.S. and overseas Gatso and Redflex staff who will have access to this information through direct or VPN access to Nlets systems?
2. Data Security: Will Gatso or Redflex maintain working/test copies of any of the registration information outside of the Nlets firewall? If so, are there documented ways to make sure this information is protected outside the firewall?
3. Data Access: Will Gatso/Redflex have access to the entire registration record? or, will access be limited to certain fields?
4. Code Security: Will any of the code development or code maintenance be done overseas in the Netherlands or Australia? If so, will all developers be vetted?
5. Network Security: Will overseas developers/site suport staff have access to the data behind Nlets firewalls? What extra precautions will be taken to protect Nltes systems/networks from abuse/attack?
6. Code Security: Will Nlets conduct any security testing on code loaded on the servers behind their firewalls?
7. Stakeholder Support: Have all 50 U.S. states, and provinces in Canada, been made aware of this new information sharing relationship? Do they understand all of the nuances of the relationship? And, are they satisfied that their constituents personal information will be protected?
8. Audit/Logging: Will all queries to vehicle registration information logged? Is someone checking the logs? How will Nlets know if abuses of authorized access are taking place?
9. Public Acceptance: How do states inform their constituents that their personal vehicle registration information is being made available to foreign owned company? Will they care?

How these questions are answered will determine whether or not we should worry…

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!

My Real ID Reckoning

Kaye Beach

June 28, 2011

As of Feb. 28^th 2011 my Oklahoma biometric driver’s license became invalid.  I have been cited for driving with an expired license and I am going to court.

I was concerned when I first heard about the push for a national ID card which preceded the REAL ID ACT of  2005.  At the time I didn’t know much about biometrics but what I did know is that a national ID is the hallmark of a totalitarian society and despite our government’s denials,  REAL ID without a doubt qualifies as a national ID.

“We are, after all, for the first time in our history actually creating a national identification card with all the ramifications of that.  That is what the Real ID law did.”—  Sen. Lamar Alexander (R-TN)

I later found it is actually much worse.  REAL ID is an international biometric ID.

For the crash course in biometric ID read Biometrics 101-Your Body IS Your ID

Shortly before REAL ID had actually been passed into law states, including Oklahoma, in anticipation of its passage had already purchased biometric capturing technology. I was shocked when the DMV clerk told me that I must submit to a finger scan.  Who doesn’t associate being fingerprinted with criminality?  I balked but was told no scan-no drivers license.  At the time I had a small child, my own business and countless tasks to accomplish every day that would be very difficult if not impossible to meet without a valid license so I grudgingly complied.  I had no idea that it wasn’t just my fingers that they were scanning.  The old cameras had been replaced with high resolution digital cameras that capture, map and digitize our facial features for use with facial recognition technology.

My good  friend, Howard Houchen, speaks to our natural and healthy gut reaction to ID schemes like Real ID in an article he wrote called the The Id Passes on Pass ID.  He’s talking about instinct.  My first reaction to Real ID was an instinctive one but after several years of studying the scheme and biometric identification in general, I have come to oppose it intellectually, practically, philosophically, morally and spiritually as well.  It is simply a terrible idea and a dangerous imposition on any nation.  It is worth noting that this plan is, right now, being imposed around the globe, in every nation.

When you know something is dead wrong what do you do?   Well, if you are like me you do everything you can.  You lobby.  You try to educate others and especially your elected representatives.  You support good, protective legislation and oppose the bad.   You write letters, organize rallies and events, you talk till you are blue in the face.  You do everything you can think of and you give it everything you got.

I, along with many thousands of other dedicated people have done everything we can to deter this country from implementing such a dastardly plan on the American people.  I am very sad to say that we have not achieved our goal.  The opposition comes from individuals and organizations that span the political spectrum.  Mass enrollment into a global biometric identification scheme is a repulsive idea that has jarred this country without regard to political affiliation.

Many state legislatures did their part too.  26 states have passed either a law or resolution prohibiting participation in Real ID and yet, as recently reported by the Heritage Foundation (who is not opposing but supporting the policy)

 “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.”

It is right about here that all of the activism seems like a terribly elaborate exercise for what comes next.  After all of the talking, writing, lobbying, fretting and gnashing of teeth the most important stand I could take felt more like a whisper than  a shout.  It’s not that I never thought about what I would do if our government could not be brought to its senses.  I always knew that if it came down to it, I was not going to just roll over and comply.  I have a child and to just give up and leave her with the legacy of government control by cataloging and monitoring people through an international biometric ID is just  not an option for me.

This past February I was getting ready for a trip and took a look at my license.  It was to expire on the 28^th of that month.  Good, I thought.  At least I will be able to fly this time with no trouble (unless you count running the TSA gauntlet as trouble, which I do!)  But I knew at that moment I would not be renewing it.  The end of the month was the end of the road for me and Real ID.

The states are obviously not going to protect our rights so it is up to us now.  At the end of the day, isn’t it always up to us?

All of my thinking has been done and my decision was made over the years  by each incremental inch of ground gained  toward full implementation of Real ID.  What to do on February 28^th was less a decision for me to make than simply a day of reckoning for me.

I did ask myself what I stood to lose and what did I stand to gain by my refusal to participate in this human surveillance and control scheme.  Practically, I stand to lose a lot.  I have already been refused my prescription for having an invalid ID and my access to places, items and events is closed or uncertain without a “government issued photo ID card”.  I imagine I will encounter more and more difficulty as time goes by but this is small stakes compared to what we all have to look forward to in the very near future.

Once the fight is finally over and the biometric identification plans are fully implemented those who refuse to be enrolled and will not carry a “government issued photo ID”, will essentially be viewed as invalid, non-persons, unregistered.  Furthermore their invalidated status will be a red flag rendering such persons especially suspect by a government that demands its right to know all about everyone at all times.  Where did our government get such a right?  They got it from us.   Our complacence is compliance and as far as they are concerned that gives them permission and therefore the right to scan our body parts and use those measurements as a personal tracking number.

The ones that do comply won’t be much better off really.   Their government issued biometric ID will allow our government to keep tabs on their every transaction, their travel, their habits and more. This biometric identification system puts our ability to access our daily necessities at their pleasure.  Will such an all powerful government choose to be a benevolent father?  History does not give one much hope that it will.

Recently, I was stopped and given a citation for driving with an expired license.  As a person who has made a conscious effort to respect the law, it is an odd turn of events that I would think of this as a good thing,  but it is.  It means that I will have a chance to air my grievances in court and that means that there is a chance that the law might find something compelling about this grievance.

I am going to keep fighting this.

If you think that this is a good fight, I am asking for your help.  I won’t be coy; this is going to take money.  In fact, it may take lots of it and that would be a good thing because it would mean a real battle and the only chance that one small act of disobedience could become something more meaningful.

If you wish to donate to my legal defense fund, you may do so online or the old fashioned way if you prefer by sending a check or money order to:

Kaye Beach

P.O. Box 722381

Norman, Oklahoma, 73070

(Please write legal defense fund in the memo section of your check or money order)

The Constitutional Alliance has been an invaluable source of accurate information and guidance for me.  I am pleased to have been invited to join their Board of Directors in 2009 and recommend that those who want to know more about biometrics and biometric identification plans visit http://www.constitutionalalliance.org/ for more information.  I owe this dedicated group of people a debt of gratitude for encouraging me to put my trust in God and take this fight all the way.

I have said it before and will say it again.  With biometric ID, we may resist it now or resist it later but without a shadow of a doubt; we will all resist it at some point. For me, that time is now.