Tag Archives: Ohio

Ohio says no to Real ID citing concerns about biometric collection, facial recognition

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Kaye Beach

Dec. 16, 2013

Ohio is the first state to reject the federal Real ID Act solely on the basis of the biometric (facial recognition) collection.

(Read Biometrics 101 -Your Body is Your Id)

When people really understand that the mass collection of biometrics on ordinary people turns all of us into suspects and transforms our rights into privileges, sensible people will reject it.

State officials balked at the “one driver-one license” rule and at being required to store and share copies of personal documents, such as birth certificates, said Joe Andrews, spokesman for the Ohio Department of Public Safety…The objection is that it’s not acceptable in many circles in Ohio to do facial recognition on everyone who comes in to get a license,” http://www.dispatch.com//content/stories/local/2013/12/06/state-pulls-plans-to-comply-with-federal-id-law.html

Ohio had been set and ready to go with Real ID but when residents and legislators got a whiff of what Real ID with its facial biometric requirement was really about, they weren’t so happy.

 After Ohio Attorney General Mike DeWine
quietly added a facial recognition capability to the
Ohio Law Enforcement Gateway
, which gives government officials unified access to databases for their browsing pleasure, state residents became a tad creeped out that they’d been conscripted into an ongoing police line-up. Link

The actuality of harm to our rights inherent in mandatory biometric ID is beginning to become apparent.  Compared to a few years ago, it is now much easier for the people and their legislators to see what this technology is and how it is being used and they are taking issue with it.

Recently Missouri legislators completed an investigation into privacy violations of Missouri residents and found that the state’s Department of Revenue has  continued implementation of the federal Real ID Act in spite of state law prohibiting it.

Mo. House Committee Releases Report Accusing DOR Of Breaking 2009 Anti-REAL ID Law

 “The Department of Revenue adopted a system of scanning and retention of source documents,” Cox said.  “They acquired and they spent considerable money in obtaining biometric information on citizens, they adopted the central issuance of driver’s licenses, and finally adopted what’s sometimes referred to as Level Three security, which is also a feature of (the) REAL ID Act, according to the Homeland Security Secretary, Janet Napolitano.”

But the federal government says it still intends to force the Real ID Act on the states.

National Conference of State Legislatures (NSCL)
Oct. 2013

REAL ID Enforcement on Its Way

In a recent meeting with NCSL, the U.S. Department of Homeland Security
(DHS) confirmed it is on schedule to announce, later this year, a timeline for the phased-in enforcement of the federal REAL ID Act.

There will likely be four to six phases, with each phase focusing on the use of  REAL ID-compliant IDs in different settings, such as to board commercial aircraft.

Each phase will consist of three steps: 1) signage regarding the upcoming enforcement, 2) verbal warnings of enforcement and 3) hard
enforcement.

Full enforcement of REAL ID is expected to begin
in two to three years.  Approximately 21 states are expected to already be in full compliance when DHS releases the timeline this year.

http://www.ncsl.org/documents/transportation/TRN-Oct2013.pdf

While the stealth national/international biometric ID has remained largely hidden from mass awareness, that is going to change.  More and more citizens and legislators will become aware of the reality of mandatory biometric ID being forced upon the American people and we can expect that this reality will create a new wave of battles.   It won’t be a moment too soon though because the fact is that all states are collecting digital facial images suitable for use with facial recognition technology which means you can kiss your privacy, autonomy and religious freedom goodbye unless its stopped.

I am engaged in my own battle against mandatory biometric ID right now.  I want to know if I have the right NOT to be enrolled into this system of biometric identification and financial control.  Many would benefit from a favorable ruling in my lawsuit and I am asking for your support to help me win my case.

Please help me stop mandatory biometric enrollment by making as generous a contribution to my legal fund as you are able to today.

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,

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

Kaye Beach

Feb 14, 2012

Are you seeing stars?

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

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

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

Under REAL ID licenses are to be

•machine readable
•contain  biometric data (including facial biometrics)

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

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

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

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

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

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

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

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

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

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

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

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

Read more

Ohio Votes to Nullify Insurance Mandates

Contact: Mike Maharrey

Communications Director
O: 213.935.0553
media@tenthamendmentcenter.com
www.tenthamendmentcenter.comFor Immediate Release: Nov 8, 2011

Ohio Votes to Nullify Insurance Mandates
On the eve of the 213th anniversary of the passage of Thomas Jefferson’s Kentucky Resolutions of 1798, laying the intellectual groundwork of nullification, the people of Ohio exercised their power and nullified the insurance mandate in the Patient Protection and Affordable Care Act.
Ohioans passed Issue Three, a constitutional amendment to preserve their right to choose their own health care and health care coverage. Preliminary returns indicated a wide margin of victory, with more than 60 percent approving the amendment. The amendment makes it illegal for any local, state or federal law to require Ohio residents to purchase health insurance, effectively nullifying a key component of the PPACA.
“This signifies that state level resistance to federal power is not just an old idea relegated to history books,” Tenth Amendment Center executive director Michael Boldin said, “It’s something that’s alive and well right now.”
Ohio became the tenth state to reject the insurance mandates in the PPACA.
“James Madison said that power over objects which in the ordinary course of affairs concern the lives, liberties and properties of the people, and the internal order, improvement and prosperity of the State would remain with the states. Health care choices clearly fall into that category,” TAC communications director Mike Maharrey said. “Ohio sent a strong message to D.C. tonight. We are not going to just sit back and accept your unconstitutional power grabs.”
On Nov. 10, 1798, the Kentucky legislature adopted resolutions authored by Thomas Jefferson in response to the Alien and Sedition Acts. In these resolutions, Jefferson explained the states’ power to judge the constitutionality of an act, while also asserting that unconstitutional federal acts hold no force.
He wrote, “That the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among parties having no common judge, each party has an equal right to judge for itself, as well of infractions, as of the mode and measure of redress…”
Jefferson continued, “whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force”
As the federal government continues to grow, states have begun to push back more aggressively. Fifteen states have defied the federal government and legalized medicinal cannabis, and six years after the passage of the Real ID Act, states continue to successfully resist its implementation.
“Nullification is so simple, even a 3-year-old can do it. You just say, ‘No!’” Boldin said. “Washington D.C. will never willingly limit itself. It’s up to the states to put a check on federal power and say, ‘No!’ when Congress passes these unconstitutional acts. Ohio stepped up and did that tonight. Thomas Jefferson would be proud.”
###

Ohio Department of Public Safety and Bureau of Motor Vehicles Sued for Selling Personal Info

Cincinnati, OH: The Ohio Department of Public Safety and Bureau of Motor Vehicles has been hit with a potentially costly class action lawsuit alleging that two senior employees contravened federal privacy laws when they authorized the sale of information in the state’s databanks. “At this point we don’t know what motivated them to sell the data,” says Charles Lester, an attorney with the Eric Deters law firm in Cincinnati, who represents plaintiffs in the suit. “We just know that the information is out there on the Internet.”

File TheftAccording to documents filed with the US District Court in Ohio, the names, addresses and driver’s license numbers of hundreds of thousands of Ohio drivers were sold to a consumer information aggregating company called PublicData, which in turn sold the information to another company called Shadowsoft. “Anyone can go get that information, all you have to do is pay a fee – there is no vetting process that stops you,” says Lester. “If I wanted to get the information about the judge in the case I could go online and get it!”

The suit, which has yet to be certified, asks that the state of Ohio cease selling data and make an effort to recover the information released into the public domain. “We want the practice stopped and we want damages,” says Lester. “There is a statutory penalty of a minimum amount of $2500 that people are entitled to even if they cannot show any specific harm. The federal law makes it clear this information should not be freely available.”

“So if you consider the number of drivers in the state of Ohio this could add up to a substantial amount of money. It could hurt the state’s budget, rather than help it,” says Lester.

Since the state of Ohio cannot be sued, the complaint names the director of the Motor Vehicles Department and the state’s registrar as defendants in the potentially multi-million dollar class action. “In order to be able to sell that information it would have had to be authorized and we know that those persons would have to be involved in the process,” says Lester.

In response, the defendants have recently filed a motion to dismiss claiming that as agents of the state of Ohio they are immune to prosecution. They also maintain that the plaintiffs have no cause to seek damages as a result of the
sale of the information.

Lester maintains the suit is on target. “Just because the state has a right to collect the information doesn’t mean the government can sell it to make money,” says Lester.

Charles Lester is a graduate of Salmon P. Chase College of Law, Northern Kentucky University (1980). He does general legal work including corporation and construction law, criminal law, domestic relations, bankruptcy, state and local taxation, zoning, juvenile law, real estate, personal injury, liquor law, probate matters, and civil rights law.

http://www.lawyersandsettlements.com/articles/12507/lawyer-interview-Deters.html