Re: PA Real ID Hearing
Here's a report by Jim Compton of the National Veterans Committee on Constitutional Affairs:
Quote:
Good day, Volunteers,
The hearing in Scranton was well attended and resulted in meaningful discussion between the citizenry, Representatives and the panel of presenters which included Molly Ramsdell from the National Conference of State Legislatures (NCSL), Neil Berro from the Coalition for Secure Driver's Licenses, and Andy Hoover from the American Civil Liberties Union (ACLU).
Representatives present for the hearing included Representative W. Curtis Thomas, the Majority Chair; Representative David Steil, the Minority Chair; Representative Mark Cohen; and Representative Sam Rohrer. All but Representative Rohrer are members of the Intergovernmental Affairs Committee.
Molly Ramsdell explained the NCSL role in this entire process, which is to lobby in support of State Legislatures. She gave a brief history of the Real ID Act, which included a discussion of the 9/11 Commission Report. The National Intelligence Reform Act of 2004 required the U.S. Secretary of Transportation to establish a negotiated rule making process, which included state officials, privacy advocates, information technology experts, federal transportation and homeland security officials and others. Their mission was to devise minimum standards for state-issued driver's licenses and ID cards. Needless to say, Congress passed the Real ID Act of 2005, and the "rule making process" died.
Because of the resistance to Real ID by many State Legislatures, the NCSL now supports the repeal of the Real ID Act and returning to the "rule-making process" table.
She also addressed proposed legislation in the US Senate S. 717 – the Identification Security Enhancement Act of 2007 – which repeals the Real ID and re-institutes the negotiated rule-making process.
Congressman Allen from Maine has introduced similar legislation in the U.S. House of Representatives.
Molly Ramsdell did not address the "biometrics" associated with the Real ID Act, so
Representative Rohrer asked Molly Ramsdell to research the biometric aspects of the Real ID Act.
For those of you who are not aware of the biometrics, I'll try to explain what it's all about. Today, PennDOT is converting our digital picture that appears on our driver's license into a biometric image. They are using what is called "facial recognition" technology, which uses FaceEXPLORE software. We all know what a fingerprint is. Well, a biometric image of our face is a face print. A face print is our property just as a fingerprint is our property. The Fourth Amendment states, we shall be secure in our persons. The Fifth Amendment states that we shall not be deprived of life, liberty, or property without due process. PennDOT is violating our rights. Without our permission they are taking our face print.
The biometric image ends up in a database. Whenever someone operating a Closed Caption Television (CCTV) camera clicks on your face while walking through an airport or walking down the street, they can convert that picture of your face into a biometric image, compare the image to the database, and bingo, they know who you are. We are no longer secure in our person.
I followed up with a statement concerning the connection of the Real ID Act to the Security and Prosperity Partnership of North America. I then asked Molly Ramsdell to review the 2005 Report to Leaders document found on the www.spp.gov website because their intent is to have an integrated global enrollment program, and Real ID in the US is that enrollment vehicle.
Neil Berro, from the Coalition for a Secure Driver's License, spoke next. His approach was to refute "myths of Real ID." In my humble opinion, his efforts were futile. During the Pittsburgh meeting, a high school student called Mr. Berro on the carpet and she got an applause that lasted several minutes.
This time around, Representative Rohrer called him to task, and yes, Representative Rohrer also got applause. I would not want Neil Berro's job. He is in a no win position.
After the meeting, several folks were wondering who is funding his organization. It would be interesting to follow the money trail and see where it leads.
Both Representatives Steil and Rohrer asked questions of Mr. Berro. There were also several questions from citizenry, and I'm sure that committee members realize the concerns of "we the people."
Finally Andy Hoover, from the ACLU spoke. He addressed privacy issues, identity theft, and the enormous cost associated with the Real ID Act. He also reported that at a sub-committee hearing in Congress on April 29, an official from the Department of Homeland Security testified that DHS does not know how much Real ID will cost the states. Senator Susan Collins, Republican from Maine, was reported in news coverage as saying, "(T)he department has not resolved long-standing privacy and funding concerns." Mr. Hoover's comments were well received.
Representative Thomas then opened the floor for questions from the Representatives and attendees.
Representative Steil asked the citizenry if a two tiered system would be acceptable, one for individuals who wanted a Real ID driver's license and one for individuals who did not want Real ID driver's license. The response was negative. That issue was also addressed at the Philadelphia hearing as a solution, but it would establish two classes of people.
Representative Rohrer indicated that he has been corresponding with PennDOT to determine exactly what they are doing. There are certain times when law enforcement may take a fingerprint of an individual, but it is based on statutory law, passed by the legislature. In this case, PennDOT does not have authority in law to do what they are doing.
Of particular interest was a comment from Mr. Martin of, I believe, the Mennonite faith. His question concerned the requirement of having a Social Security Number to get his driver's license renewed or to acquire a new license. He asked everyone who did not have a Social Security Number to please stand up. Wow! There were over a dozen individuals standing.
I'll paraphrase his question: "Do I practice my faith and violate the law to provide for my family, or do I violate my faith and love of God, and bow to the wishes of the state?" His courage to stand up in front of the Committee, the panel and a room full of citizens was remarkable and he made in impression on all. Reprehensive Thomas said he would look into the issue of PennDOT's demands for a Social Security Number to get a driver's license.
The problem is PennDOT and their desire to implement Real ID even though Mr. Myers, PennDOT's Deputy Secretary for Safety Administration, says they are not implementing Real ID. Real ID requires biometric images and PennDOT is making biometric images. Real ID requires a Social Security Number in the database, and PennDOT is determined that no one gets a driver's license without a Social Security Number. That outfit needs some feedback from it customers. If you are up to it, here's his address:
Mr. Kurt J. Myers
4th Floor
River Front Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Several individuals also made comments concerning where this all is leading. Some compared it to what happened in Germany prior to WWII; others spoke about becoming indentured servants and being subjected to identify theft. One of our volunteers spoke of the "Central Government" and compared what is happening in our country to what happened in Russia or the Soviet Union. The sovereignty is shifting from "we the people" to the Federal government.
When I spoke, I read the oath of office I took when I received my Commission in the Navy. I then read Article IV of the Constitution, which basically states that those of us in positions of authority shall be bound by the oath. Finally I stated that we all know that the Real ID Act is unconstitutional, that Congress violated their oath, and that we want our state government to protect us from the over reaching bounds of the federal government and reject Real ID.
Finally, Chuck Yarnall, the New Jersey NVCCA State Coordinator made a few comments and then gave us some homework. He recommended googling The Enabling Act of 1933 and the Patriot Act to see if there are any similarities.
I hope you have a wonderful weekend. Take care and thanks for all that you are doing in our joint effort to reject Real ID in PA.
Oh, by the way, we now have 89 co-sponsors on HB 1351. Representative Deborah Kula from District 52 signed on as a co-sponsor yesterday.
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May 9th, 2008
" The Seeds of Oppression Will One Day Bear The Fruit of Rebellion."
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