NATIONAL ID CARD WORKSHOP NOVEMBER 28, 2001 COPYRIGHT © 2001 MICHAEL I. SHAMOS National ID Card Day...

NATIONAL ID CARD WORKSHOP

NOVEMBER 28, 2001

COPYRIGHT © 2001 MICHAEL I. SHAMOS

National ID Card Day

• What are the barriers to a U.S. national ID card?

• Platform and devices, biometrics• Infrastructure• Software• Privacy• Law and Policy

• Breakouts• Assessment: where are we?


NOVEMBER 28, 2001



• 8:45 - 9:45 Keynote: Experience with National Ids. Gilles Lisimaque, CTO, Gemplus

• 9:45 - 10:00 Driver’s Licenses. Barry Goleman, AMS• 10:00 - 10:15 ID Platform - Optical Card. Corin Smith, Esq.,

Sr. V.P., Strategic Development, Opsis• 10:15 - 10:30 ID Platform - Smart Cards. Bill Homes, VP

Marketing, SSP Solutions, Inc.• 10:30 - 10:45 Break• 10:45 - 11:30 Law and Policy. Michael Shamos, CMU• 11:30 - 11:45 Infrastructure. Lark Allen, Executive VP, Wave

Systems• 11:45 - 12:00 Software. Ram Banerjee, Technology

Manager, ActiveCard


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• 12:00 - 12:15 Self-Securing Devices. Greg Ganger, CMU• 12:15 - 12:30 Biometric Authentication. Vijayakumar

Bhagavatula, CMU• 12:30 - 1:15 Lunch• 1:15 - 1:45 ISTPA Privacy Framework. John Sabo,

Manager, Security, Privacy and Trust Initiatives• 1:45 - 2:15 Agenda Definition• 2:15 - 4:15 Agenda Breakouts (3)• 4:15 - 4:30 Break• 4:30 - 5:00 Breakout Reports• 5:00 - 5:30 Next Steps


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National ID Cards:Law and Policy

Michael I. Shamos, Ph.D., J.D.Co-Director, Institute for eCommerce

Carnegie Mellon University


NOVEMBER 28, 2001


Outline

• Is a national ID constitutional?• Statutory and political history• What are the main benefits?• Objections?• Solutions?

Premises:• Any technology can be abused• Understand the uses and abuses• Develop protections against abuse


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Motivation for ID Cards

• Security• Cash transaction reporting• State interest in preventing welfare fraud, catching

deadbeat dads• Driver’s licenses• Rendering government services• Public health programs (proof of vaccination)• Passports, visas• ID can protect privacy by granting control over data• . . .


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Fears• “Orwellian,” “big brother”• Mistrust of government• Nazi tactics: “Show me your papers”• Round-ups based on data, e.g. ethnic, health, etc.• Subjugation of the poor and weak; manipulation by the

rich and powerful; concentration of power• Muting of dissent and non-conformism• Genocide (Hutu/Tutsi)• Compromises to privacy: database linking• Identity theft• Unknown risks


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Constitutional Issues

• What is the authority to impose a national ID card?• Art. I, Sec. 2: census• Art. I, Sec. 8:

– “common Defence”– Commerce– Taxation

• Article I, Sec. 8: Congress has power: “To make all Laws which shall be necessary and proper for carrying into Execution the … Powers vested by this Constitution in the Government of the United States … ”

• BUT: 10th Amendment: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.


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Intrusiveness

• 4th Amendment: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause … ”

• How will the card data be collected?• Forced DNA samples unconstitutional without probable cause (in

criminal context) Landry v. Harshbarger (1998 Mass. Super. LEXIS 479)

• When must the card be shown?• Generally,there is no power to demand name except for criminal

investigation


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Legality of Fingerprinting

• Federal, state and local requirements for fingerprinting upheld if there is “compelling state interest.”

• Thomas v. NY Stock Exchange. Fingerprinting requirement for employment upheld. “The slight interference with the person involved in fingerprinting seems to us one which must be borne in the common good.” Use in future criminal investigations OK.

• Likewise for employees of liquor stores, pawnshops• Association with criminal activity


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International Status

• Most countries have compulsory or near-compulsory IDs.

“Near-compulsory” = life without one almost impossible

• View list.• Almost all others have voluntary national IDs• Countries without national IDs:

– Australia, Canada, Ireland, Japan, New Zealand, UK, US


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History

• 1935 Social security number (SSAN)• 1943 SSAN for all federal IDs• 1962 IRS adopts SSAN• 1969 ANSI proposes standard identifier • 1973 DHEW rejects national ID• 1976 DOJ recommends private sector solutions,

matching birth & death records• 1981 Reagan administration opposes national ID• 1982 False Foreign Identification Act• 1983 SSA required to match death records with SSAN


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History• 1984 Comprehensive Crime Control Act. Foundation for

biometric IDs.• 1986 Commercial Motor Vehicle Safety Act. To prevent

drivers from having more than one license• 1986 Immigration Reform and Control Act. Employers liable

for employing illegal aliens. BUT: “Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.” 8 U.S.C. 1324(a)(c).

– Incorrectly interpreted as prohibiting a national ID.

• 1988 Anti-Drug Abuse Act. ID for pilots, certain cash transactions, felons buying firearms


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History

• 1989-90 California Personal Identifier Project• 1996 Personal Responsibility and Work Opportunity

Reconciliation Act. Requires SS Commissioner to develop counterfeit-proof SS card for citizenship ID

• 1996 Illegal Immigration Reform and Immigrant Responsibility Act. Provision requiring SSAN on state drivers’ licenses repealed before taking effect.

– Machine-readable passports

• 1998 Medical ID card (Unique Patient Identifier) put on hold due to public outcry.

• 2001 Nov. 16 EPIC holds national ID “shred-in” in DC


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Political

• Rep. Bob Barr R(R-GA): “Perhaps nothing is more emblematic of the freedom we enjoy as Americans than the fact that we do not have to carry a permanent identification card everywhere we go. Throughout history, national identification systems have been a consistent feature of dictatorial states that placed a low value on freedom and a high value on keeping tabs on everyone.”

• White House: opposes national ID but will look at all options• Sen. Dianne Feinstein (D-CA): Congress should implement mandatory

national ID system with bearer’s voice, retina pattern, or fingerprint digitally encoded.

• House Democratic Leader Richard Gephardt [D-MO]: Congress should quickly move to open debate on security measures such as a national ID card.


NOVEMBER 28, 2001


Political

• Rep. George Gekas (R-PA), chairman of the House immigration subcommittee: Congress can no longer reject out of hand a national ID card system for citizens.

• [Sept. 17, 2001] Pew Research Center survey: 7 in 10 Americans favored a requirement that citizens carry a national identity card at all times. Very strong support among women.

• [After Sept. 11] 85% of Brits would welcome a national ID card system including the following identiciation: photograph (97%), date of birth (96%), eye color (92%), fingerprint (85%), DNA details (75%), criminal records (74%), religion (67%).

• ACLU vigorously opposes the creation of a national ID card, even if the “card” is intangible, consisting of a government-mandated database containing information linked by a government-issued identifier


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Some Federal ID Card Statutes

• Food stamps 7 U.S.C. 2020(e)(15)• Border crossing identification cards 8 U.S.C. 1101• Boxers must have IDs 15 U.S.C. 6305(b)• False ID criminal fraud 18 U.S.C. 1028• False access devices, including electronic 18 U.S.C. 1029• False immigration IDs illegal 18 U.S.C. 1546a• Prohibition on release of state motor vehicle license data

18 U.S.C. 2725• Secret service authority to investigate false IDs 18 U.S.C. 3056(b)• Certain government contractors must have ID cards 25 U.S.C. 450l• ID required for cash bank transaction of $3000 31 U.S.C. 5325


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Federal Regulations

• Agency ID card for motor vehicle operation 5 C.F. R. 930.112• ID for tobacco warehousers 7 C.F.R. 723.311• U.S. Citizen ID cards (old) 8 U.S.C. 235.10• IDs for carriers, cartmen,and lightermen 19 C.F.R. 112.41• Access to customs security areas 19 C.F.R. 122.182• Farm labor contractor employee 20 C.F.R. 653.104• Job Corps and VISTA IDs 32 C.F.R. 728.60 • Indian fishing rights 25 C.F.R. 249.3• Picture ID for performers in obscene films 28 C.F.R. 75• Armed Services Identification Card 32 C.F.R. 159a.59• National Archives Researcher ID 36 C.F.R. 1254.12• many, many more


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Tamper-Proof Social Security Card

• SEC. 111(a) (Public Law 104-193, 1996)

(1) …The Commissioner of Social Security … shall … develop a prototype of a counterfeit-resistant social security card. Such prototype card shall --

– (A) be made of a durable, tamper-resistant material such as plastic or polyester,

– (B) employ technologies that provide security features, such as magnetic stripes, holograms, and integrated circuits, and

– (C) be developed so as to provide individuals with reliable proof of citizenship or legal resident alien status.


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Problem: Names

• Who assigns names?• Uniqueness?• Changing names• Pseudonyms. Using an assumed name is legal

unless done for fraudulent purposes


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Problem: Status of Information

• What data is on the card?• What offline data is associated with it?• Who has access?• How are records reviewed and corrected?• Cardholder belief system


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Religious Objection

• The Mark of the Beast. Revelation 13:16-17• “And he [the beast, the Antichrist] causeth all, both small and

great, rich and poor, free and bond, to receive a mark in their right hand, or in their foreheads:

• “And that no man might buy or sell, save he that had the mark, or the name of the beast, or the number of his name.”


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Arguments Against Cards

• Cost (issuance of cards, computer registry)• Inconvenience• Federal coercion of states (impacts sovereignty)• “In no time, Americans would have to produce the

federalized ID to engage in everyday life activities that should not be subject to federal governmental interference, such as getting on an airplane, obtaining a benefit from their state, or getting a job”

• Conflict between privacy and freedom of information laws

• Insecure data storage


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Arguments Against Cards

• No constitutional authority• Criminals/terrorists will not comply• Would be opposed by large number of illegal aliens• Huge error rates in government databases• Unreliable in proving identity; damage relationship

between public and the police• Background checks reveal criminal records• Snooping by government employees


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A Workable Solution

• Voluntary ID

– Issued by Federal government and/or state governments

• Required for certain purposes:

– air travel

– establishing a bank account

– obtaining employment

• Prohibited for certain purposes

• Certain information prohibited

• Strict control on underlying databases

• Amnesty for illegal aliens (who have not committed other crimes)


NOVEMBER 28, 2001


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NATIONAL ID CARD WORKSHOP NOVEMBER 28, 2001 COPYRIGHT © 2001 MICHAEL I. SHAMOS National ID Card Day...

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Transcript of NATIONAL ID CARD WORKSHOP NOVEMBER 28, 2001 COPYRIGHT © 2001 MICHAEL I. SHAMOS National ID Card Day...