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WPCNR HOMELAND SECURITY NEWS. From New York Civil Liberties Union (Edited). January 15, 2008:  Final federal regulations for implementing the Real ID Act only intensify concerns that the law would gravely threaten privacy rights by establishing a national identification system, according to an analysis by the New York Civil Liberties Union. 

The NYCLU calls on New York to join the 17 other states nationwide that have rejected the Real ID Act. The U.S. Department of Homeland Security released the final regulations Friday following more than a year of delays.

The NYCLU is hosting a series of public forums to inform people of the threats that the Real ID Act poses to democratic values. A Long Island forum will take place at 7:30 p.m., Tuesday, Jan. 15 at Huntington Town Hall, 100 Main St. in Huntington. Another community forum is scheduled in New York City for 7 p.m. on Thursday, Jan 24. at the New York Society for Ethical Culture at 2 W. 64^th St.  Forums have previously been held in Rochester and Rheinbeck.

 

“The regulations are nothing more than window-dressing for a fundamentally flawed law,” said Donna Lieberman, NYCLU executive director. “They do not address the grave harm Real ID would do to New Yorkers’ privacy and liberty. They do not change the fact that we don’t know the price tag for this dubious venture – except that it will be exorbitant and that it will divert resources from far more deserving social service and public safety initiatives.” 

On Oct. 27, 2007, Gov. Spitzer announced that New York would implement the Real ID Act just before he abandoned his plan to offer secure driver’s licenses to undocumented immigrants. The NYCLU calls on him to abandon the Real ID Act.

The Real ID Act goes well beyond setting federal standards for state driver’s license or identification cards. The gravest risk, according to the NYCLU, is what the regulations do not say. They include no limits or constraints upon the authority of the government to dictate when a Real ID may be required. In fact, the regulations strongly suggest that in the future a Real ID driver’s license could be required for routine transactions and activities, such as voting or applying for federal benefits. The Department of Homeland Security claims authority to expand the list at any time without congressional approval.

The federal regulations do not prohibit private sector businesses and organizations from requiring Real ID driver’s licenses for commercial and financial activities, such as renting a DVD or buying car insurance.  In short, people could not manage their lives without a Real ID card; it would become a necessity – a de facto national ID card.

The NYCLU’s critique of the Real ID law includes the following observations: 

• If implemented, the Real ID Act could establish an enormous electronic infrastructure that government and law enforcement officials – or whoever else hacks in – could use to track Americans’ activities and movements.


• The final regulations do not set rules for the security of Americans’ personal information.  The Real ID statute requires that each state provide an unspecified array of government officials in all other states and territories access to personal information stored in DMV databases – such as Social Security numbers, photos and copies of birth certificates. The Department of Homeland Security essentially leaves it up to the states to determine how to protect privacy and security. This means sensitive, personal information would only be as safe as the DMV or state office with the weakest security system.


• The law also mandates that all driver’s licenses and ID cards have a “machine-readable zone” that would facilitate tracking by the government and private sector. Real IDs would leave a digital fingerprint whenever swiped, scanned or read, which would allow the federal government, or anyone with a reader, to collect an enormous amount of information about people’s activities and interests.  Encrypting the information on Real ID-compliant driver’s licenses would reduce some of the privacy threats, but the Department of Homeland Security has refused to require encryption, fearing that it would prevent easy access to the information contained in the barcodes.


• The final regulations place no limits on what types of information could be stored in the Real ID’s machine-readable zone. Nor do the regulations prohibit third-party access to such information – meaning any business equipped with a reader could capture personal information and use it to develop customer “lifestyle profiles” or simply sell the information to other businesses or to the federal government.

“Essentially, the Real ID Act puts our personal information up for sale,” Lieberman said. “It is the equivalent of an EZ-Pass for identity thieves. Under this law, the federal government conceivably could learn what books people read, what sorts of contraception they use or what medications they are prescribed.”

• The Real ID Act imposes an enormous unfunded mandate upon the states. Despite a nearly $10 billion cost estimate, the federal government has set aside only $40 million to help states pay for implementing the law. The Department of Homeland Security has made it clear that it expects individuals and state governments to pay for the costs of Real ID.  At a time when New York is facing a $4 billion budget deficit, the Spitzer administration has estimated that implementation of the Real ID Act would cost New York tens of millions of dollars annually and require 10 new DMV offices.

The Real ID Act was originally supposed to take effect on May 11, 2008, but these regulations clearly leave the issue with the next administration. The final regulations grant states an extension, until Dec. 31, 2009, to agree to comply with the law. An additional extension, until May 10, 2011, would be provided to states that submit a material compliance checklist.  (According to the final regulations, individuals younger than 50 have until Dec. 1, 2014 to obtain a Real ID-compliant driver’s license. Individuals 50 and older have until Dec. 1, 2017.)

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WPCNR THE BIG EXTRA. News & Comment by John F. Bailey. January 15, 2008:  I wrote this column in 2004. It still stands relevant today, Monday morning at 8 A.M. at the Crowne Plaza Hotel in White Plains, the man, Dr. Martin Luther King, Jr. will be remembered. His birthday is today.  I am not that familiar with Dr. King’s life, but I do know that he, like other great men of America who have their days, Dr. King’s name stands for a value that America holds dear.

 George Washington stands for honesty.

 

Abraham Lincoln for freedom

 

Columbus for discovery,

 

Dr. King’s name stands for Opportunity.

 

When I think of Dr. King, I think of the Selma marches, I think of Birmingham, I think of Little Rock, Arkansas, where he lead the African-American community in demonstrations asking for the right of equal opportunity in America: a seat on a bus wherever they chose; a restaurant or hotel of their choice; the right to apply for a job without being turned down because you were black. Blatant in-your-face- discrimination was publicized by Dr. King and America was shown it was not right.

 

It took fearlessness to do that. Who today has that fearlessness that Dr. King and his followers showed all of America?

 

Today, subtle discrimination denying equal opportunity, denying education, exploiting the poor and guaranteeing less opportunity are the evils that Dr. King, had he lived,  would be attacking today. 

 

When I write those sentences I just wrote, it seems incomprehensible to me that someone would deny another person that. When you think about it, it is an awful situation to think about. In the 38 years since Dr. King was murdered, the nation has come a long way in breaking down the visible barriers of racism based on creed and the color of one’s skin — and now, today, the language one speaks and where they are from. The education establishment with the exception perhaps of the Port Chester School District, as pointed out by the Journal News series on education running this week, continues to favor the English-speaking, the wealthied, and the well-situated.

 

Today the barriers to Equal Opportunity are more subtle and just as effective.

 

Barriers still exist: in the classroom. There is reluctance to deliver quality education to the black and Hispanic populations in America today. Last year, for the first time, the White Plains City School District has agreed to a pilot program of teaching English speaking and Spanish speaking students together in Kindergarten and the grades going forward. It is about time.

 

The only reason there is a concentrated effort to do so are the state achievement tests which showed the shame of our education programs for minorities. The Superintendent of Schools Timothy Connors is to be commended for pushing this program.

 

 On the other hand, there is the perception elsewhere that because your name and skin color are different, you automatically need help and are slow-tracked into remedial classes; the inclusion of the slower (read minority) children in one corner of a classroom so you can deal with the “problem children” all at once; the notion that it is all right to use millions of dollars meant for rebuilding poor performing schools with better buildings, better teachers, but is used to create educational  bureaucracies for the politically connected instead.

 

In the last ten years the products of this subtle unequal educational opportunity have been well documented and given a name: The Achievement Gap. The educational establishment invests millions in studies to fine solutions to it and they have learned a lot about it. It takes more School District heads to stand up and say like Dr. King, “we simply are not going to educate half the population any more.”  Timothy Connors, to his credit, did that last year.

 

The lagging of minority youth is blamed on the home and family breakdown. Well then you have to bring more attention to the family unit and those youngsters’ home environment, putting the education in there. It’s expensive but if you want to solve the Achievement Gap you have to do that. The City of White Plains and the School District are reaching out to do that with the Family Excell program reported in WPCNR (the only media to do so last year). How is that doing?

 

The argument that you have to speak English in the schools and learn through English is  racial superiority. Of course you have to learn to speak English, but really, Bilingual education is how we English-speakers learn another language. Port Chester has achieved this — and WPCNR pointed this out to the White Plains School Board six years ago. Why is this new?

 

Why not have teachers educate children in their own language with English simultaneously? It is proven to work in Port Chester and New Rochelle. It is time to stop the subtle prejudice that we do not want non-English speaking children in our towns and schools because they are too hard to educate and will cost us money to do that. They are children, you simply cannot throw them away because they do not speak English.

 

This discrimination Dr. Martin Luther King would find hard to take.

 

He would bristle at lowering standards for minorities, because he would see right through that argument, saying:  when are you going to raise the standards for my people because you don’t have to work any harder at educating them if you do not raise your expectations for them.

 

I think Dr. King would look around today and appreciate how Blacks and Whites, Hispanics and Jews, Catholics and Protestants, Muslims and  other races mingle together in today’s America.

 

I think he’d observe we are all becoming more appreciative and respectful of each other. But, I do not think he would like today’s buzz word :”diversity” and our smugness about our diversity.

 

He would say that’s nice, but let’s keep our eye on the prize, to borrow the wonderful motto of the White Plains Department of Public Safety, let us treat all with integrity, professionalism, respect, and to that add opportunity.

 

Now, let’s think how Dr. Martin Luther King, Jr. would handle the present homeless situation in White Plains. Where souls were used for political posturing and to appeal to the fears of the citizens and not their sense of fairness and justice.

 

I believe Dr. Martin Luther King if he were in White Plains today would bring the homeless 40 or so  spending nights in the woods and overflowing at 186 West Post Road at the warming shelter to breakfast with him.  He’d have them camp out in tents at Andy Spano’s house or on the island at Renaissance Square. He would not let it pass. He’d run as many warming shelters as he felt necessary and get that television coverage when they were going to be closed down.

 

Dr. King was not  only politically incorrect, but  politically uncooperative.

 

He’d introduce the “feared 40” all around to the rich and the powerful and the well-connected and show them the people whom they are treating like cruel political pawns by our leaders on the county and the city level – all over this county.

 

He’d ask each  to tell their stories at his breakfast next week. He’d prey for compassion from us the wealthy, the powerful and the decent, and the respectable to have compassion for the weak, the misdirected, the addicted and disturbed, and the mortgage-ravaged.

 

He’d ask White Plains leaders to accept the responsibility of leadership and by reaching out personally to the homeless to provide them meals and, perhaps jobs during the day, to welcome them in to White Plains somehow. To help them make a new start in White Plains in a firehouse, a church, or a vacant hospital. To challenge businesses to weave these persons into the fabric of the downtown, instead of telling them they are not welcome.

 

He’d challenge us  to step up our humanity,  as Dr. Martin Luther King, Jr. did when no one else would 39 years ago.

 

He’d shame  the two governments, county and city, for not treating the homeless with simple human respect and adhering to the constitution, which prohibits you from being jailed for no reason – a policy incredulously being pushed by politicians who should read the constitution just once to reset their minds.

 

 

He’d ask White Plains to rise up and forgive the persons with the prison records who have done their time, and find jobs for them and through forgiveness, and respect for them,  melt away the homeless persons’ suspicions and resentments,  alleged by our “leaders.” 

 

And about our gangs: Dr. Martin Luther King would go out to the streets of Yonkers, Mount Vernon, Port Chester, New Rochelle, Peekskill – the cities where gang activity has been reported – and  speak to them about where they are going. (Perhaps he’d simply speak to White Plains youths, since we have been assured by our officials there are no gangs in White Plains.)

 

It is difficult to say Dr. King would say to the gang members of our area. But, I assure you he’d be in their midst confronting this problem and admitting it exists.

 

As we honor Dr. Martin Luther King next Monday. Ask ourselves what Dr. Martin Luther King, Jr. would think of the way we have treated the homeless on the Warming Center issue.  What he would think about how we have “reached out?” Would he approve of the way we are working with our youth, our Hispanic population, about how dollars are being used for affordable housing and why it cannot be built faster, about how dollars are being spent in school districts whether on educating people or creating buildings or stadiums; how dollars are being spent by organizations supposedly helping the afflicted, and how they are really doing, and what are they doing with the dollars.

 

He’d excoriate the variable and below prime mortages now being foreclosed as a new form of financial redlining invented by the financial establishment to exploit. He’d ridicule the efforts of the government to “save” billion dollar financial institutions while allowing homeowners to lose their houses.

 

Would Dr. Martin Luther King, Jr. approve?

  

He’d remind us that Jesus Christ chose to minister to the “hardcore” of his time. He went into their midst. He  healed them and made them fishers of men.

 

The way to honor Dr. King tomorrow  and at the “celebrated” holiday  next week is to honor the afflicted, help the troubled with dignity, not humiliate them, not shun them, not “throw them out.”

 

The way Dr. King would view our world today?

He’d observe that “we need work.”

That the lynchings and the shutting of school doors are gone, but the attitudes remain.

And he’d point that out with that his long and finger pointing right at us.

He’d say, “I still have a dream.”

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WPCNR SECURITY NEWS. From Department of Homeland Security. January 13, 2008: The following is a question and answer discussion prepared by the Department of Homeland Security on the Final REAL I.D. guidelines released Friday.  The new regulations require that by 2014, a person wishing to board an airliner or enter a government building would have to present a REAL ID-compliant driver’s license — if you are under 50. By 2017, over-50s would also be required to carry a REAL ID.

Some factoids — Your driver’s license photo would be taken at time of application to avoid reapplying elsewhere with false documents.

All states are expected to begin to check social security numbers and immigration status of those applying for drivers licenses.

The Q and A’s as they appear on the Department of Homeland Security Website.

 

REAL ID Final Rule: Questions & Answers

What is REAL ID?
REAL ID is a nationwide effort to improve the integrity and security of State-issued driver’s licenses and identification cards, which in turn will help fight terrorism and reduce fraud.

Where did this effort originate?
The 9/11 Commission recommended that the U.S. improve its system for issuing identification documents.  In the Commission’s words, “At many entry points to vulnerable facilities, including gates for boarding aircraft, sources of identification are the last opportunity to ensure that people are who they say they are and to check whether they are terrorists.”  The Commission specifically urged the Federal government to “set standards for the issuance of sources of identification, such as driver’s licenses.”  Congress responded to this key recommendation by passing the REAL ID Act of 2005.

Why do we need REAL ID?
State-issued driver’s licenses serve many purposes in today’s society, including being the primary identifier for individuals attempting to access a Federal facility, board Federally-regulated commercial aircraft and enter nuclear power plants.  Terrorists know this, and actively seek this form of identification.  For example, eighteen of the nineteen 9/11 hijackers used driver’s licenses or similar identification to board planes which they used to kill thousands of innocent civilians.  Many of these credentials were obtained through fraudulent means.  

Additionally, these documents provided the terrorists with cover to operate freely within the United States by allowing them to open bank accounts to draw down funding, rent places to live, rent cars and board planes.  Having secure identification is an important step toward enhancing national security.  As Secretary Chertoff continues to emphasize, and as supported by the latest National Intelligence Estimate, Al Qaeda will “intensify” its efforts to place operatives inside the United States, reinforcing the need for more secure driver’s licenses and state identification cards.  This REAL ID rulemaking will make it more difficult for nefarious individuals to obtain these documents through fraudulent means, and will also make it easier for law enforcement to detect documents that have been falsified. In so doing, this rulemaking provides an invaluable new tool to help prevent terrorism and protect our nation.

Will REAL ID reduce identity theft?
Yes. REAL ID will help cut down on identity theft. The program accomplishes this by establishing layers of security to ensure that identity documents only go to the people they actually belong to. This is achieved through increased security, including: physical security features on the credential itself; tightening DMV practices and procedures for the production and issuance of the documents (security plans and background checks for employees, for example); and verifying the information presented on source documents presented at the time of application through enhanced verification systems. REAL ID also mandates that a State cannot issue a REAL ID license to a person who holds a license issued by another State or to an individual who already holds a REAL ID card. REAL ID will make it more difficult to steal other people’s identities and use them to obtain driver’s licenses. 

Nefarious individuals attempt to obtain multiple licenses or use multiple identities, and States are challenged in combating these abuses. REAL ID will make it easier for States to reduce this kind of identity theft and identity fraud. From 2000 to 2006 there was a 791% increase in identity theft in the U.S. In 2005 alone, identity theft cost U.S. households $64 billion of which 28% involved a driver’s license. That is why a recent poll conducted by Public Opinion Strategies found that 82% of Americans favor new rules and regulations that strengthen driver’s license issuance to combat terrorism and identity theft.

Can States issue REAL IDs to illegal aliens?
No. The Act specifies that States must verify an applicant’s lawful status in the United States before issuing a REAL ID license or card.  The Act does not prohibit States from issuing other, non-compliant, forms of driver’s licenses and State identification. However, non-compliant REAL IDs cannot be accepted by Federal agencies for official purposes and must be clearly marked as not acceptable for official federal purposes.

How is the public’s usage of Driver’s Licenses and Identification Cards when interacting with the Federal government going to change?
In the future, individuals may use a State-issued driver’s license or identification card to board a commercial aircraft, gain access to a federal facility, or enter a nuclear power plant only if it is REAL ID-compliant.

Did DHS consult with the States in the development of this program?
DHS consulted extensively with the States to develop the rule.  DHS met with representatives of nearly all State DMVs and visited nearly two dozen States to tour their DMV operations and discuss implementation of the REAL ID Act. Additionally, this final rule follows a Notice of Proposed Rule Making (NPRM) published on March 9, 2007 that garnered over 21,000 comments that DHS analyzed prior to developing this final rule. The final rule reflects the product of extensive outreach to key stakeholders from State motor vehicle offices, State legislators, governors’ offices, and the associations representing these State groups, as well as discussions with groups representing privacy and civil liberties concerns.

What has changed from the proposed rule to the final rule?
DHS reviewed the many public comments submitted and has taken a balanced approach to effective REAL ID implementation by strengthening the provisions that have the greatest impact on reducing fraud and improving the security and integrity of driver’s licenses and identification cards. DHS has also modified the rule to provide States the flexibility to implement the law’s requirements in a realistic and effective manner. These changes address widespread concerns regarding: adequate time for system improvements and enrollment of driver populations; costs of facility, staff, IT and process changes; prioritization of cost-effective improvements to increase security and to reduce the issuance and use of fraudulent credentials; and enhanced privacy and security of personal information. For example:

• State compliance and driver enrollment deadlines have been extended to give States the additional time necessary to make the investments required to improve security and enroll persons in REAL ID
  
• Age-based enrollment will allow DMVs to better manage the flow of people into offices
  
• Privacy and security protections have been enhanced to protect the personally identifiable information of individuals and the addresses of certain classes of individuals
  
• The final rule reflects a performance-based approach to REAL ID implementation, eliminating costly and prescriptive NPRM requirements and giving States the flexibility to implement solutions that maximize the security and integrity of State-issued credentials
  
• Commenter recommendations that would significantly reduce fraud, improve security, and protect privacy have been incorporated into the final rule.

Is REAL ID a Federal Mandate?
REAL ID is not a Federal Mandate, and States are not required to participate.  The REAL ID Act simply establishes minimum standards that States must meet for their driver’s licenses and identification cards to be accepted for official federal purposes like boarding a commercial aircraft or entering a Federal facility. 

Is REAL ID a national identification card?
REAL ID is not a national identification card.  States will continue to issue driver’s licenses and identification cards.  Each State will issue its own unique license.  REAL ID sets minimum standards so that States, federal agencies, and other public organizations can have confidence in the security and integrity of credentials issued by all other participating States.

How does the final rule protect the privacy of license holders?
To ensure that an individual’s personally identifiable information is protected, the final rule prohibits the release and use of information inconsistent with the Federal Driver’s Privacy Protection Act. Further, States are encouraged to provide even greater protections via their State laws and regulations. DHS has addressed privacy concerns and questions by integrating these important considerations throughout the development of the final rule, and States will be required to submit a Security Plan that documents, among other things, how the State is protecting personally identifiable information and data.  The Privacy Impact Assessment for this rule is available on the Internet at Privacy Office – Privacy Impact Assessments (PIA).

What if my State does not comply with REAL ID?
If a State chooses not to comply with the provisions of the final rule, its driver’s licenses and identification cards will no longer be acceptable for official Federal purposes.  Individuals of the non-compliant States can still present other forms of acceptable identification such as a U.S. passport to board federally regulated commercial aircraft and access Federal facilities.

What will be the impact on individual citizens of non-compliant States?
Per the REAL ID Act, beginning on May 11, 2008, citizens of States that are not REAL ID compliant may not use their driver’s licenses or identification cards for official federal purposes such as boarding federally regulated commercial aircraft or accessing federal or nuclear facilities. If these citizens do not have other acceptable forms of identification (e.g., a U.S. passport), they may suffer delays due to the requirement for enhanced security screening. REAL ID-compliant States are those that have both requested and obtained an extension of the compliance date from DHS, or have been determined by DHS to be in compliance with the Act and the final rule.

Will everybody be required to get a REAL ID?
No.  Neither the REAL ID Act nor this rule will require individuals to obtain a REAL ID.

Will States be granted additional time to comply?
Yes.  All States submitting requests will receive extensions until December 31, 2009.  In addition, States that meet certain benchmarks for the security of their credentials and licensing and identification processes will be able to obtain a second extension until May 10, 2011. The content of these benchmarks are included in the final rule. The benchmarks include:

• Presentation of at least one of the required source documents
  
• Verification of lawful status and Social Security numbers
  
• Issuance of driver’s licenses or identification cards that contain integrated Level 1 (overt), 2 (covert) and 3 (forensic) security features
  
• Photographs of all applicants even if a license or identification card is not issued
  
• Reasonable efforts to ensure that applicants do not have multiple licenses or multiple identities

Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.

When will participating States be required to be fully compliant?
States that meet the interim benchmarks of Material Compliance will have until May 10, 2011 to comply with the provisions of the REAL ID Act. Federal agencies will continue to accept licenses for official purposes from those States who have been granted extensions.

States have voiced concerns that they do not have the funds necessary to implement REAL ID.  How does DHS expect States to pay for REAL ID?
The issuance of driver’s licenses and identification cards is a State function, whose costs will continue to be born primarily by each State.    Neither the REAL ID Act nor this rule alters this responsibility.  That said, DHS recognizes that States will incur significant costs in implementing REAL ID, and has sought to reduce the anticipated financial impact in several ways.

First, the final rule addresses significant issues presented by those who submitted comments to the NPRM, including the need for additional time and flexibility in how the final rule is implemented.  Additionally, many States have already made investments in more secure processes, which mirror in many instances the requirements outlined in the rule.  These factors have substantially reduced estimated hard costs to States from $14.6 billion in the NPRM to approximately $4 billion in the final rule.  DHS is also implementing an age-based enrollment approach.  This allows States to focus the first phase of enrollment on those persons who may present a higher risk of obtaining and using fraudulent identification, while allowing other individuals to be phased in later.  Phased-in enrollment eases the burden on States to re-enroll their entire driving license and identification card population by providing additional time to accommodate the re-enrollment process.  This is expected to dramatically reduce the cost by billions so States will be able to implement REAL ID without the burden of having to hire additional personnel and build new facilities.
Second, DHS has committed to funding the development of a verification system hub that will support the data and document verification requirements of the Act.  This system will greatly reduce the costs of verifying applicant data while protecting the personal information of individuals.

What grant funding is available for REAL ID implementation?
In total, there are three REAL ID grant initiatives offered by DHS to assist with REAL ID implementation.  The first grant opportunity awarded $3 million in FY06 to Kentucky as part of a REAL ID Pilot Project.  The Kentucky Pilot Project will establish connectivity between Vital Records Agencies and driver’s licensing authorities to the Electronic Verification of Vital Events (EVVE) system owned and operated by the National Association of Public Health Statistics and Information Systems (NAPHSIS).  The EVVE system’s electronic birth verification capability enables Departments of Motor Vehicles to electronically verify birth records with the applicant’s Vital Records Agency.

DHS has also issued grant guidance for two additional REAL ID grant initiatives: the FY 2008 REAL ID Vital Events Verification State Project and FY 2008 REAL ID Demonstration Grant Program. 

• REAL ID Vital Events Verification State Project Grant – DHS will award $4 million to Kentucky to help link all States with the ability to verify the information contained on in-State and out-of-State birth certificates. 
  
• REAL ID Demonstration Grants – DHS will also competitively award $31.3 million to facilitate the implementation of the REAL ID Act through innovative proposals that provide improvements and enhance capabilities for States to move towards REAL ID compliance.

In addition, DHS will allow States to use up to 20% of its State Homeland Security Grant Program funds for REAL ID.

Finally, the recently-signed Omnibus spending bill for FY2008 appropriated an additional $50 million in REAL ID grants to States.  DHS is currently assessing ways of using these funds to assist States in meeting the requirements of the Act.

Why is DHS taking an age-based approach to enrolling drivers in the REAL ID program?
Some commenters proposed that DHS conduct a risk-based assessment based on age in order to decrease costs and lessen the impact on lines at the DMV.  DHS analyzed the data and concluded that the commenters were right.  Therefore, the final rule focuses on enrolling driving populations that may pose more risk of having or using a fraudulent ID.  As a result, persons born on or after December 1, 1964, will have to obtain a REAL ID by December 1, 2014 while those born before December 1, 1964, will have until December 1, 2017. This substantially reduces costs and congestion at the DMV by spreading out the enrollment period over a greater period of time.

What do DMVs need to do to check documents establishing a person’s identity?
All source documents presented by the applicant when applying for a REAL ID document must be verified with the issuing agency.  DHS has identified appropriate methods for verifying information presented to the DMVs to demonstrate identity, lawful status, date of birth and Social Security number with the issuing agency.  DHS is also assisting States in the development of a verification system hub that would make it easier and much less costly for States to verify the information on source documents with the issuing agency and check with other States to ensure that persons do not have multiple drivers’ licenses.

How long will a REAL ID license be valid for?
Individual States will continue to set the length of validity of their driver’s licenses and identification cards, up to a maximum validity period of eight years.   

Can States continue to accept remote renewals?
Yes.  States may continue to allow remote renewals for driver’s licenses and identification cards, subject to the requirements of the final rule.   

What about U.S. citizens who were never issued a birth certificate?
A State may use its exceptions process to establish lawful presence for U.S. citizens.  U.S. citizens may also present a passport to demonstrate identity and citizenship at the DMV.

Will a national database be created that stores information about every applicant?
No.  REAL ID does not establish a national database of driver information.  The Federal government will not collect information about driver’s license and identification card holders pursuant to REAL ID.  States will continue to manage and operate databases for driver’s license and identification card issuance.

Who will have routine access to the information that the DMVs collect?
As they do now, only authorized DMV officials and law enforcement in the licensing State will have access to DMV records.  Licensing authorities will be able to verify that an individual holds only one REAL ID document, and is not attempting to obtain multiple documents from multiple States.  Neither the REAL ID Act nor this final rule creates greater access to State DMV records by the Federal government than already exists under current statutes for law enforcement purposes.

Will REAL ID change how my license looks?  What type of information will be required to appear on the card?
The final rule does not specify designs or layouts of State-issued licenses and States will continue to have flexibility in determining the security features on their cards.  The final rule does detail the minimum data elements that must be included on the face of the card.  However, States already include all or almost all of these data elements on their cards.

Additionally, temporary REAL IDs need to clearly state that they are temporary, and non-REAL IDs issued by compliant States need to clearly state on their face that they are not acceptable for official federal  purposes.
Finally, REAL IDs will include a security marking that denotes the document’s compliance level.

What if religious beliefs preclude me from getting my photo taken for a REAL ID driver’s license?  Can I still get one?
No.  The digital photograph requirement is explicit in the law.  States can issue non-REAL ID licenses to those individuals who have a religious objection to having their photo taken.  However they cannot use their non-REAL ID licenses for official purposes.   

Does the final rule require States to collect fingerprints or iris images from drivers?  What about RFID technology?
No.  REAL ID does not require any biometrics beyond the photograph and signature already required by States and does not require Radio Frequency Identification (RFID) technology.

What is the Machine Readable Technology required, as outlined in the final rule?
The final rule requires a 2-D PDF-417 Machine Readable Zone (MRZ), which is already used by 46 jurisdictions (45 States and the District of Columbia).

What is the difference between a REAL ID and an enhanced driver’s license (EDL)?
The EDL will serve as a limited use international travel document that will contain a vicinity Radio Frequency Identification (RFID) chip and a MRZ used to facilitate border crossing and verification by Customs and Border Protection at a land and sea port of entry.

DHS has worked to align REAL ID and EDL requirements.  Now that the REAL ID final rulemaking has been published, DHS will ensure that State-issued EDLs meet REAL ID compliance benchmarks over time.  However, there are some key distinctions between the two programs that should be noted.  While the REAL ID requires proof of lawful status in the United States, the State-issued EDL will require that the card holder be a U.S. citizen. 

An EDL will also include an international document standard MRZ to allow CBP officers to read the card electronically if RFID is not available.  The EDL MRZ is different from the REAL ID 2-D PDF-417 MRZ which used by State and local law enforcement officials.

For additional information on Enhanced Driver’s Licenses, please see the EDL Fact Sheet.

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WPCNR POLICE GAZETTE. From U.S. Department of Homeland Security. (Edited) January 14, 2008: The Department of Homeland Security issued final REAL I.D. requirements to the states Friday, and individual states have until December 31, 2009 to comply with the new guidelines. 

REAL ID will address document fraud by setting specific requirements that states must adopt for compliance, to include: (1) information and security features that must be incorporated into each card; (2) proof of the identity and U.S. citizenship or legal status of an applicant; (3) verification of the source documents provided by an applicant; and (4) security standards for the offices that issue licenses and identification cards. 

The first deadline for compliance with REAL ID is Dec. 31, 2009. By then, states must upgrade the security of their license systems, to include a check for lawful status of all applicants, to ensure that illegal aliens cannot obtain REAL ID licenses. Some states are expected to be compliant well before that time. Compliance will be needed for access into a federal facility, boarding commercial aircraft, and entering nuclear power plants. Federal agencies will continue to accept licenses for official purposes from residents of states that comply with the law.

 

“The American public’s desire for greater identity protection is undeniable,” said Homeland Security Secretary Michael Chertoff. “Americans understand today that the 9/11 hijackers obtained 30 drivers licenses and ID’s, and used 364 aliases. For an extra $8 per license, REAL ID will give law enforcement and security officials a powerful advantage against falsified documents, and it will bring some peace of mind to citizens wanting to protect their identity from theft by a criminal or illegal alien.”

The problems that Americans face from document fraud are diverse and growing. A Public Opinion Strategies poll taken last year shows that more than 80 percent of the American public favors secure identification to prevent terrorism and identity theft. Identity theft has increased by nearly 800 percent from 2000 to 2006, according to the Federal Trade Commission. U.S. Immigration and Customs Enforcement made 863 criminal arrests during various worksite enforcement operations in fiscal year 2007 – more than 500 were charged with crimes relating to federal and state document fraud – and their Identity and Benefit Fraud Units made 1,211 criminal arrests for document fraud related charges. The U.S. Secret Service made 4,348 arrests last year for identity theft or financial fraud crimes, accounting for approximately $690 million in actual fraud loss to individuals and financial institutions. In a sampling of Secret Service identify theft cases from 2000 to 2006, fraudulent drivers’ licenses were used 35 percent of the time.

DHS is making approximately $360 million available to assist states with REAL ID implementation – $80 million in dedicated REAL ID grants and another $280 million in general funding as part of the Homeland Security Grant Program.

The 73 percent cost reduction – from an original estimate of $14.6 billion to approximately $3.9 billion – was achieved mainly by giving states greater flexibility in issuing licenses to older Americans. Enrollment will be completed for all individuals under 50 years of age by Dec. 1, 2014. For all others, enrollment may be extended three additional years to Dec. 1, 2017. At that time, all state-issued drivers’ licenses and identification cards intended for official federal purposes must be REAL ID compliant.

REAL ID was a core 9/11 Commission finding and mandated by Congress in the REAL ID Act of 2005. This final rule follows a Notice of Proposed Rule Making published in the Federal Register on March 9, 2007. Based on comments received from various stakeholders, DHS drafted the final rule to substantially reduce costs and account for investments that many states have already made to improve the security of their drivers’ licenses. 

For more information, this final rule is currently available at www.dhs.gov and will soon be published in the Federal Register.

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WPCNR’S THE REAL DEAL By The Wedding Jeannie, Jeannie Uyanik. January 13, 2008: Readers will be pleased to learn that renting anything for your event, even a sophisticated bathroom system, should be eons easier than renting a habitable space in New York City.  As with everything in party planning, there are a few key tricks to make the process as efficient and smooth as possible, but if the thought of needing to rent for your event is overwhelming, this column should provide some comfort.

Jeannie Uyanik, Planner to the World

The Wedding Jeannie

WPCNR Columnista

 

There is no limit to what you can rent for an event; everything from toilets, to dresses, to jewelry, to trees, divans, and sophisticated installations.  The first task is to determine what you actually need to rent.  If you are doing an event at a private residence, the sky is the limit.  The first thing to consider is if you have enough space inside a residence to accommodate all aspects of a function in rain and shine.  Generally, the answer is no, but people are hesitant to want the burden of renting a tent.  Trust us when we say that this is a much smaller task than the burden of rain when 220 people are about to arrive and there is no space to cover everyone for all portions of the event. 

 

Especially with a wedding, imagine that there generally have to be three spaces available for use; the ceremony area, the cocktail area and the reception area.  Often, the reception and ceremony area can take place in the same space, but you need to make sure that the caterer is able to re-set the space within an hour time frame to have it ready again for the reception.  If you find that you do need additional space, tenting is a great alternative. 

 

There are of course many things to consider once you opt for a tent; a free standing tent or one that uses existing infrastructure as the anchor; a tent with or without poles, sides and windows – the options abound.  This is easily understandable once you begin to review the options with a tenting company.  One of our favorites, a reputable but not inexpensive firm is Stamford Tent (www.stamfordtent.com) based in CT. 

 

Once you have chosen the tent type and style, other rentals to consider include lighting, heating or cooling systems, flooring (for the entire ground), dance floor and internal infrastructure such as a band stand or riser.  Again, while this might seem like a lot to deal with, tenting companies are equipped to supply you with all the resources you need and the primary obstacle is finding a tenting company that you trust and with which you feel comfortable working. 

 

Generally, if you are doing an event at a private residence, or on private grounds, then you will also need to consider a cook’s tent where the caterers will have space to prepare and plate the food.  In the case of rain, companies will often allow for a 50% deposit to hold the tent with the right of refusal should you not want to purchase it for the day of.  If however it does rain, consider that you will need other features, like canopies, to connect either the cook’s tent to the main tent and to any other structures that might be in play for an event. 

 

For a private residence or raw space function, bathrooms will be essential depending on the size of your guest list and the availability of other toilets in the immediate vicinity of the event.  Remember, if you are having a tented event and feel comfortable that guests can walk to the toilets, should it rain, you need to provide a way in which they can get to the bathrooms without getting soaked.  Assuming though that you are bringing in portable bathrooms, the options for elegant toilets abound.  While in recent times, the image of portable toilets conjured memories of picnics in the park or childhood stops along the freeway, today’s portable toilets can be nicer than those at the best restaurants or hotels (with the price tag to match though). 

 

Tenting companies can also assist with this, but keep in mind that you are going to be paying a middle man to handle this transaction and it’s most prudent to source a bathroom rental company independently.  The one important thing to remember is to include the option of having an attendant on site for the event.  They will make sure that the bathrooms are in proper order throughout the duration of guest use.

 

While comparatively, items like tables, chairs, linens, glassware and cutlery can seem insignificant relative to larger rental needs, these are things that dress the space and what guests actually notice most.  It’s important to spend time looking at each item that you want to use and picking them in person if possible. 

 

For this reason, Party Rental Ltd. (www.partyrentalltd.com) is top choice because of their exceptional showroom space in New York City.  And when ordering the fun stuff, its more likely than not that if a caterer is involved, the company will need a number of things as well (from tables to heating appliances) and they often want to coordinate the rentals themselves from start to finish.  If not, make sure you liaise with them to confirm that all the items for service and for preparation are included on a checklist. 

 

Once the big items are under control, consider if you want to rent formal wear for the day – from tuxedos and men’s shoes to wedding dresses and formal gowns.  Wedding dress rental can often end up being only a fraction of the cost of a regular gown (usually somewhere in the area of 20% of the original cost) and can be a great way to maximize the budget while not minimizing the wow factor.  A few great resources include MyrJan (www.myrjan.com) and www.alexandriasformal.com for women.  Ironically, while there are a plethora of places that offer tuxedo rentals, many can be a nightmare to deal with so search carefully and make sure that the store has an exceptional customer service department in case of any problems. 

 

Another sundry item that you can consider renting for a big event or wedding day includes jewelry.  Adorn Brides (www.adornbrides.com) offers a few selections, but we have found that the most fabulous pieces tend to come directly from high-end jewelry stores; some hotels will arrange rentals on behalf of their guests or alternatively, it’s possible to deal with jewelers directly, although each has its own formalities as to execution of a rental.  Located in New York City is Doyle & Doyle (www.doyledoyle.com), which has a wide collection of antique and estate jewelry from which to choose. 

 

But our favorite rental for sure, which can be fun and really have a huge impact on guests close to the end of the night is that for cakes!  Yes, you can rent a cake from www.cakerental.com and while there are amazing cake bakers all over the world (more on cakes in next week’s column) it’s hard to beat the price, style and size that Styrofoam can create.  Even our favorite bakers would concede that you have a lot more room to play and at smaller price tag, when dealing with non-edible items than you do with fondant and flour!   

 

So while renting an apartment in New York requires pay stubs, guarantors, letters of recommendation and an eye as to what the cool neighborhood is, renting for an event requires organization, planning and a lot less hassle if you choose your vendors well.