Tag Archives: privacy

TOM RENZ: The Rise of Digital ID in the United States – A Legal and Privacy Crisis | The Gateway Pundit

Foundational Federal Law: The REAL ID Act of 2005

The cornerstone of this shift is the REAL ID Act of 2005, codified in 49 U.S.C. § 30301 note. This law set minimum security standards for state-issued driver’s licenses and identification cards to be accepted for federal purposes, like boarding commercial flights. While it initially governed physical IDs, its mandates for digital features and databases laid the groundwork for what we now face with digital identification. The law was updated with the REAL ID Modernization Act, signed into law as part of a larger bill in 2020, pushing us further down this path.

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The Act’s Section 202(b) outlines the minimum requirements for an acceptable ID, and it’s packed with digital components that paved the way for today’s mobile driver’s licenses (mDLs). Here’s the breakdown from the relevant text:

Digital Photo: “(5) A digital photograph of the person, which may be the photograph taken by the State at the time the person applies for a driver’s license or identification card or may be a digital photograph of the person that is already on file with the State.”

Machine-Readable Technology: “(9) A common machine-readable technology, with defined minimum data elements.”

Additionally, Section 202(d) sets minimum issuance standards, requiring states to build an infrastructure around digital data retention. Consider the “facial image capture” requirement: “(3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture.” This is biometric identification, folks, and it’s a key piece of the digital ID puzzle. The law also mandates digital source document retention: “(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.”

Key Federal Regulation: 6 CFR Part 37

The Department of Homeland Security (DHS) took this further with 6 CFR Part 37, the implementing regulation for the REAL ID Act, amended to embrace digital IDs. Section 37.7 specifically addresses the acceptance of mDLs for federal purposes, moving beyond the need for a physical card. The relevant text states:

§ 37.7(a) Generally: “TSA may issue a temporary certificate of waiver to a State that meets the requirements of §§ 37.10(a) and (b).”
§ 37.7(b) State Eligibility: “A State may be eligible for a waiver only if, after considering all information provided by a State under §§ 37.10(a) and (b), TSA determines that— (1) The State is in full compliance with all applicable REAL ID requirements as defined in subpart E of this part; and (2) Information provided by the State sufficiently demonstrates that the State’s mDL provides the security, privacy, and interoperability necessary for acceptance by Federal agencies.”

This regulation formalizes the path for digital IDs, but it’s just the beginning of the problem.

The Data Sharing Nightmare: REAL ID Act Section 202(d)(12) and the S2S System

Here’s where it gets worse. The federal law mandating data sharing between states is found in Section 202(d)(12) of the REAL ID Act: “(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.” The primary purpose is to prevent one person from holding multiple REAL ID-compliant credentials by allowing states to check an applicant’s status nationwide.

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The mechanism for this sharing is the State-to-State (S2S) Verification Service, managed by the American Association of Motor Vehicle Administrators (AAMVA), a private, non-profit entity. S2S is a “pointer system” that doesn’t store all data centrally but directs one state’s system to another to verify records. The platform, State Pointer Exchange Services (SPEXS), extends the system used for Commercial Driver’s Licenses (CDLIS). Data exchanged includes an individual’s name, date of birth, driver’s license number, and other fields to confirm or deny duplicate licenses. The AAMVA, being private, operates with limited public oversight, which is a red flag.

The Driver’s Privacy Protection Act (DPPA) Loopholes

The DPPA, 18 U.S.C. § 2721 et seq., governs how state DMVs can release personal information from motor vehicle records. While it prohibits public disclosure, it includes 14 exceptions that open the door for private entities. Key ones include:

Insurance: For use in connection with motor vehicle, driver safety, or theft prevention activities.
Legal Proceedings: For use in connection with civil, criminal, administrative, or arbitral proceedings.
Legitimate Business: For use by any legitimate business in connection with a motor vehicle transaction initiated by the individual, specifically to verify the accuracy of submitted information.
Express Consent: If the individual has given express consent, a common path enabled by those agreements you sign for emails or cell phones.

Other exceptions allow use for research, statistical reports (if personal information isn’t published), notifications to owners of towed vehicles, and more, as long as express consent is obtained where required.

The 2020 REAL ID Modernization Act and Private Partnerships

The 2020 REAL ID Modernization Act, signed by President Trump, accelerates this with mDLs. States will partner with private entities—big tech companies—to develop the technology. These partners will have access to your data, and depending on state contracts, may use it for their own purposes. This public-private partnership, reminiscent of the Federal Reserve model, raises serious privacy concerns.

Conclusion

The implementation of digital ID, facilitated by the REAL ID Act, its regulations, and the DPPA’s loopholes, is a deliberate erosion of our privacy. The involvement of private entities like AAMVA and potential big tech partners compounds the risk, with data reselling a real possibility. As a lawyer, I see this as a clear threat to our freedoms, and I urge you to stay informed.

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Sources: REAL ID Act of 2005 (49 U.S.C. § 30301 note), 6 CFR Part 37, Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.), REAL ID Modernization Act (2020).

The post TOM RENZ: The Rise of Digital ID in the United States – A Legal and Privacy Crisis appeared first on The Gateway Pundit.

Our Surveillance Culture and the Erosion of Freedom and Privacy | CultureWatch

New developments are putting us all at risk:

We live in an age in which the surveillance state is greatly expanding, while personal freedoms and privacy are greatly decreasing. And I am speaking here about the West and not some totalitarian state. Things have moved rapidly in this regard over recent years, and the trends look set to continue.

There are various responses one can have to the increasing war on our personal privacy and security. Below I will look at one wrong reaction to this. But first a bit more on the problem and its seriousness. We must face the reality that more and more of our lives are being put under surveillance of different forms, and more and more of what we do – and even say – is now being recorded, stored and assessed.

The cashless society is one obvious case in point. Every transaction we make is being recorded and tabulated somewhere, be it just on a bank statement, or by corporate giants, or by the new big tech companies. And calls of digital IDs and the like simply offer more of the same: all our moves and activities are being tracked by big government or big business.

We already know how modern technology is tracing our every move and recalling our every online activity. With the ever-growing world of AI in general, and things like Siri and Alexa in particular, we now are being monitored and surveilled 24/7.

Many have experienced being on the social media, and finding an ad pop up out of nowhere which specifically has to do with some product or service you were just talking about or looking into. Just the other day I shared this on the social media:

“Now this is scary: I just had a shower then clipped my nails. Hopping back on to FB, one of the first things I see is an ad for nail clippers! What – does FB now have drones in my shower? Do clipper companies have secret cameras installed in my bathroom? Spook city!”

Others asked me if I was speaking while doing this, or had my phone nearby. I said ‘nope’ to each. I was outside while doing the clipping! However, my dog was with me, so perhaps she is the one who snitched on me! Humour aside, you know what I am talking about.

And of course some folks do not mind this much at all. After all, in so many ways it is all about convenience. To swipe a plastic card when paying for something or swipe a mobile phone to do the same is very quick and easy – and convenient. In a busy world we all like convenience.

Moreover, some aspects of surveillance seem necessary in the fight against crime and criminals. There can be a place for security cameras and the like, and basic forms of identification. Not all such things are necessarily wrong in themselves.

But is all this coming with a price? Obviously our privacy is eroding fast. Obviously who we are, what we like, what we buy, what products we prefer, what services we make use of, and where we go is now all being tracked and recorded, with all this information being stored somewhere.

During the covid days I penned plenty of pieces on this, discussing the erosion of freedom and privacy that we all endured. Consider just one article: https://billmuehlenberg.com/2023/04/17/covid-tyranny-and-ccp-fascism-compare-the-pair/

Also, I have already written about things like a digital ID: https://billmuehlenberg.com/2024/09/24/big-brother-and-digital-id/

And the dangers of a cashless society: https://billmuehlenberg.com/2024/04/09/say-no-to-a-cashless-society/

And the tyranny of social credit systems: https://billmuehlenberg.com/2023/03/31/the-surveillance-state-tiktok-and-the-ccp/

‘But I am doing nothing wrong, so I don’t have to worry about this’

This is a common response being made by many. Some folks think they are breaking no laws and doing nothing amiss, so why should they worry if businesses and governments and others know more and more about them and what they do? But they are missing the point, and this is risky thinking for various reasons.

We have already been warned, not just in dystopian novels like Brave New World and 1984 just how dangerous and diabolical such worlds can be, but we have real-life examples right now, certainly in places like Communist China with its social credit system. So even if all this seems OK for now, we are dreaming if we think it will stay that way.

And we already know it is not safe right now. The covid wars should have taught us all that. Our every move was being monitored and tracked. Our medical history especially had to be known and directed to where the state wanted it to be. No vax for example meant no visits to most shops, businesses, hospitals, schools and the like. The important medical ethics of bodily autonomy and no compulsion in medical treatment and the like were quickly trashed.

Even if you think you are some fine, upstanding citizen that would never run afoul of the law and the state, you are still dreaming. Just as the state determined that an unvaxed person or an unmasked person walking alone on a beach was a threat that had to be harshly dealt with a few years ago, tomorrow they might decide that things like reading the Bible or praying are threats to society.

Indeed, we did see churches closed big time a few years ago, all in the ‘public interest.’ If the state can decree that the public worship of the living God is verboten, it can decree anything. And when that happens, it will be too late. We can all be turned into criminals overnight if the all-powerful state decides that we need to be re-educated and reformed into ‘acceptable citizens’ that it prefers.

We are already seeing a plethora of ‘hate crimes’ and ‘thought crimes’. The state increasingly decides what is good speak and bad speak, good thought and bad thought. Radical activist agendas like the trans revolution are being forced down our throats, and those who do not fully comply are being punished by the state.

The new bill passed in Australia, the Online Safety Amendment (Social Media Minimum Age) Bill 2004, is another example of this invasion of our privacy, done in theory to protect children. Also referred to as the ‘Digital Duty of Care’ Bill, one concerned writer concluded an article on the chilling effects of this law with these words:

Finally, the platform is also forced to provide activist research organisations with access to their commercial data in real-time (s28M(1)) and to cough up any document the Commissioner requests within 14 days (194A(2)). Couldn’t imagine this access being used for political purposes. This legislation is perfectly aimed at shutting down free speech platforms like X, and the Government can quite easily make the obligations practicably impossible to comply with. Please let people know that the Misinformation Bill has a new name — The Digital Duty of Care Bill. https://dailydeclaration.org.au/2024/12/06/misinformation-bill-returns/

So not just individuals who are considered to be a danger to the state, but various platforms and organisations where free discussion occurs can also be targeted and penalised, if not shut down altogether. Anyone concerned about freedom and the importance of basic privacy should resist all these moves.

As mentioned, we all like efficiency and convenience, but there are always costs involved with this, be it with the cashless society, or with the state entering into every aspect of our lives. It does not matter how ‘good’ or law-abiding you may think you are as a citizen today.

Tomorrow the state can decide that you are a lawbreaker and a threat to the system. All these now technologies, policies and laws will simply make it so much easier for the state to keep its eyes on you, and negatively deal with you if it thinks you are getting out of line.

The bottom line is this: we ALL should be concerned about the growth of big government, big tech, and big business as they increasingly work together to erode our basic freedoms, and to radically whittle away at our own privacy. Thinking that you are a good person so are exempt from all this and have nothing to fear is naive and reckless. We are all at risk.

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