by Mark Lerner (June 26, 2009) Constitutional Alliance Stop Real ID Coalition
Download “ISO/IEC CD 19794-5, annex D” here.
You can find Bill S.1261 here.
I have been on the phone all day today, speaking with the “experts” in D.C..
Please read this completely. Here is what is now clear:
1) Real ID is not being repealed. Title II of the Real ID Act is being repealed. This means current state laws opposing Real ID are still germane. That is the only good news.
2) Even the “experts” were not aware of the requirement for specific resolution/pixel count for the digital facial image. I did supply them with the appropriate document that details the requirements. ISO/IEC CD 19794-5, annex D is the specific document referred to within the NPRM (Notice of Proposed Rule Making) for the Real ID Act.
“To provide some perspective on how much reading a person would have to do to find what we are sharing-there are 12 annexes to ISO/IEC 19794-5. Before a person got to the point of reading the 12 annexes they would have to go to ICAO document 9303 Part 1,Vol 2. In total one would have to read thousands of pages to uncover the deceit being promulgated on the American public and yes, even lawmakers in Washington D.C..”, stated Mark Lerner.
Congress and staff members are never going to read all the documents. The reality is that they rely on DHS (Department of Homeland Security) who in return relies on the vendors and international organizations, such as AAMVA (American Association of Motor Vehicle Administrators) and the ICAO (International Civil Aviation Organization)
AAMVA, actually admits on it’s own web-site that it is an international organization http://www.aamva.org/about/ .
ICAO (International Civil Aviation Organization) is an agency of the United Nations.
3) DHS(Department of Homeland Security) has admitted privately that they do not have the technological expertise and must rely on the vendors and international organizations.
4) Some groups that have been and are opposed to Real ID will support the PASS Act S.1261 because unlike the Real ID Act, S.1261 requires DHS to address privacy concerns. That being said the groups that will and are supporting S.1261 admit there is no assurance of how precisely DHS will address the privacy concerns.
5) The language for S.1261 is not available yet on Thomas (site to read legislation). I do have a final draft. I was told the final draft should be the final version, but that being said, we will have to wait and day or two to read the wording in S.1261.
6) Most importantly-There is nothing to preclude DHS, or other federal agencies and departments, from utilizing facial recognition, CCTV and other technologies simultaneously in real time.
“Other” technologies include DHS’s Project Hostile Intent now called FAST (Future Attribute Screening Technologies).
7) As I am calling each of the “players” I am in contact with I am hearing the same logic. “They are supporting the new legislation because they believe the only choice they have is to support The Real ID Act 2005 or this new legislation which repeals only certain aspects of the Real ID Act 2005 but does address privacy concerns. The specifics of how the privacy concerns will be addressed will be in the rule making process for the new legislation S.1261.”
Here is How This Plays Out:
DHS will again be the arm of the federal government for the rulemaking process. I was told today the rule making process for S.1261 is a non negotiated process. This means once again DHS will be the sole decider. Each of the people and groups I have spoke with today admit they are acquiescing by not arguing that the federal government has no business involving itself in the issuance of a state driver’s license. Each group and/or person also admits there must be a modification to the 1994 DPPA (Driver’s Privacy Protection Act). The 1994 DPPA is the federal law which allows for agencies and departments of the federal government to acquire information from state DMV databases. States allow and do share information through NLETS (National Law Enforcement Telecommunications System) with federal agencies and departments. Specifically information contained in state DMV databases is shared with federal agencies and departments.
One point that was very clear to me today-Not only is DHS relying on vendors, including L-1 Identity Solutions for details but that organizations who are opposing Real ID do not have the technical expertise to understand what specifically the Real ID Act and/or the new legislation S.1261 call for with regard to biometrics.
I realize many of you are involved in issues other than The Real ID Act 2005. I pray that everyone appreciates this new legislation is the wolf dressed in sheep’s clothing I have been talking about for over six months. This legislation presents the single greatest threat to our civil liberties that I have witnessed in my lifetime. Specifically what this legislation will do is allow for the creation of a surveillance society. Real ID did the same but because Real ID never even made an attempt to address privacy issues it was doomed to failure. This wolf in sheep’s clothing will get passed. The irony is the only people in D.C. who are opposing the new legislation are those that feel the new bill is not tough enough. It is noteworthy to know that the NGA (National Governors Association) participated in the creation of the new legislation, S.1261. What this means is there will be very few Governors that will now oppose Real ID. Governors that go along with S.1261 are nothing short of traitors. Ignorance is not an excuse. They should have demanded answers or at least consulted with people that truly understand what DHS is going after and will now obtain.
I predict that you that you will hear “experts” and others commenting on the new legislation and what it means. You will not find one organization that does comment, who has the expertise to appreciate the biometric requirement. Repeatedly today I have heard “I did not know that, can you please send me the document”.” (the document is attached to this message)
I have attached the document (click here to download this document) that specifically states the standards for the digital facial image. On page 34 of the document you will find section 8.4.1.
There is no need for you to waste your time reading the entire document. You will not find this document on any group/organization’s web-site that is opposing Real ID.
We are not looking for glory or recognition. What we are saying is there is nobody else looking for what we are discussing, the biometric specifics contained within the Real ID Act and associated documents including the new legislation. S.1261.
We are doing our best to get the information in the hands of the public, lawmakers, the media and groups/organizations.
We have maintained from day 1 that Real ID was not about national security. It is insane to believe the federal government was concerned about national security while still leaving our borders unprotected. Today we have further evidence. Under the provisions of S.1261 a citizen no longer must show a compliant driver’s license to board an aircraft, enter a federal building and so on. You may believe that it is good that a person will no longer have to show a Real ID compliant driver’s license. I would agree. That being said the more important point is what still is required is the collection of biometric samples (facial recognition/digital facial images). It has always been about biometrics and control.
Whatever the issue of most importance is to you or your groups please consider how greatly people will be intimidated from attending rallies like Tea Parties or even going to their state capitols when CCTV and facial recognition are being used in real time, simultaneously. The federal government and fusion centers have already started defining who is potentially a domestic terrorist or is in fact a domestic terrorist. The intimidation may not influence all or even the majority of activists but it certainly will influence the public as a whole. Always keep in mind that the use of CCTV and facial recognition simultaneously used in real time is not Orwellian. Since January 2001 the two technologies have been used simultaneously in real time many times. Now add to the mix DHS’s FAST software (Project Hostile Intent) http://www.homelandsecurity.org/snapshots/newsletter/2007-05.htm and the sensors the DOD is using to monitor how much a person perspires http://homelandsecuritynewswire.com/single.php?id=8058 and there should be no doubt most citizens will be too intimidated to voice their views.
The old Soviet Union or the current Red China soon will have nothing on our government.
All Americans, including you and I, will be enrolled into a single global biometric identification system if we are not successful at stopping this madness.
Mark Lerner
God Bless America
About The Author 
Mark Lerner is a co-founder of the Constitutional Alliance, an alliance of groups and individuals who support the Mission Statement.