During its decline from a republic to a democracy, lying Leviathan prattled about being a “government of, by, and for the people.” But the beast increasingly forsakes that pretence as it continues sliding into tyranny.

One instance of the State’s new and brutal honesty came last fall when Congress bailed out billionaires despite our overwhelming opposition. Another around that same time saw the criminals running New York City overturn a law on term-limits that voters had twice upheld. More than ever, government is of, by and for Our Rulers.

And then there’s the Feds’ dogged quest for a national ID card. Four years ago, these bozos tried to turn your driver’s license into just such a monstrosity with their infamous REAL ID Act. This dictate required licenses to include “defined minimum data elements,” most likely biometric identifiers such as fingerprints or retinal scans and RFID tracking chips. It would also make even more of our business contingent on the State’s whims: before we entered a courthouse or opened a bank account, among other activities, we’d have to produce our REAL ID for a bureaucrat’s approval – or rejection.

Congress passed this monumentally anti-constitutional legislation without even debating it, then deputized the Department of Homeland Security (DHS) to implement it. Reincarnated Nazi Michael Chertoff was Secretary of DHS; he spent much of his time – and millions of our taxes – trying to ram REAL ID down the nation’s throat.

All our money bought him was the biggest revolt against DC’s diktats since 1861. Departments of Motor Vehicles in many states vehemently objected to overhauling their systems just to please DHS; the governors of those states just as vehemently protested the enormous expense of said overhaul and waxed indignant about REAL ID’s invasions of privacy. If anyone’s gonna tyrannize Montanans or Mainers, by gum, it’ll be their local masters, not Washington’s overlords. Legislatures put teeth in the dissent as states passed resolutions and even laws against complying with REAL ID.

At this point, we might expect Feds who constantly bray about democracy, who eagerly slaughter their own serfs as well as foreign ones for its glory, to throw in the towel on a national ID. Have not the people spoken, indeed, shrieked, that they’ll have nothing to do with this abomination? But Our Rulers never weary in their evil-doing. Nor do they hesitate to show us exactly how stupid they think we are. And so a litter of senators introduced the “Providing for Additional Security in States’ Identification Act of 2009″ (PASS ID) last week. Essentially, they stripped the name “REAL ID” off the old bill, slapped a new title on it, and tweaked a few of the details.

Just as they did with REAL ID, the Feds insist that PASS ID is not a national ID – oh, my, no. So what if every American has a uniform card that he must constantly show to government’s goons? That’s not a national ID, you silly citizen, you! If you were as wise as our legislators, you’d realize that both REAL and PASS ID are simply driver’s licenses with “strong security standards.” Or so say politicians who also assure us that they’re bossing this democracy according to the will of the people. True, REAL ID had some “troubling aspects”: it would have forced states to link their databases, which “could provide one-stop shopping for identity thieves and the backbone for a national identification database.” But ”PASS ID addresses those privacy … concerns…” Thus do its sponsors hallucinate about the differences between two identical bills while figuring they’ve snowed us yet again.

PASS ID does depart from REAL ID in one important aspect: it bribes the states to cooperate with a whole lot more of our taxes. Remember the indignant governors, grousing about REAL ID’s violation of our rights? Surprise: that no longer troubles them a-tall. Indeed, members of the National Governors Association so pant to push their hot little hands more deeply into our pockets that they now support REAL–er, PASS ID.

PASS ID also thoughtfully eases the burden on DMVs. Bureaucrats there need not curtail their three-hour lunches nor keep their feet on their desks past 3:30 each afternoon as they bring their little fiefdoms into compliance. But you and I will still be jumping through REAL ID’s hoops as we seek to satisfy the DMV numbskull that our birth certificates are authentic and we live where the State’s records say we do. Of course, the approximately 423 documents that substantiate such claims already reside on various government computers, but unless you bring a copy with you for the numbskull, you’ll be walking rather than driving to work. Actually, you may still be walking even if you produce every single paper the numbskull demands: after paying PASS ID’s higher taxes, who’ll have money left for licenses that cost many multiples of their former price?

Naturally, Our Rulers have our best interests at heart as they impose this totalitarianism. They repeatedly cite “the 9/11 Commission’s recommendation to enhance the security of driver’s licenses” as though anyone other than the stooges on Leviathan’s payroll gives said Commission an iota of credibility. Heck, even some of the stooges damn the Commission, especially those it set up as fall guys for the Fed’s role that tragic day.

Our Rulers also aver that PASS ID “helps fight terrorism” despite experts’ frequent refutations. “Going back to 9-11,” says Bruce Schneier, author of Beyond Fear: Thinking Sensibly About Security in an Uncertain World, “every one of those terrorists had an ID. Some of them had forged IDs, some used their real name, and some of them got real IDs with a fake names [sic] by bribing a motor-vehicles clerk.” Nor is this just one man’s opinion. International consensus notes the missing link between ID and security: “Harvey Mattinson, a consultant at the information technology arm of GCHQ [Government Communication Headquarters – ‘one of the three UK Intelligence Agencies’], said that the only real value of identity cards would be to help state bodies share information about people.”

No wonder Leviathan obsesses over ID. “State bodies” not only “share information” about us, they also pin our names to our addresses so that we are easy to find and fine. The State’s usual motive for its crimes – money – explains its lust to identify us, too. Linda Lewis-Pickett, president and CEO of the American Association of Motor Vehicle Administrators, “think[s] each state agency has looked at DMVs as revenue generators – ‘Come in and pay taxes and give us money.’” After we pay those taxes, the drivers’ licenses and plates those DMVs dispense generate further revenue when officials track us to a billing address.

There’s a further benefit in matching names with citizens: it controls us and quashes dissent. Few patriots are brave enough to speak out against Leviathan’s evil when its lackeys can respond, “Papers, please.” Perhaps that’s why the Constitution empowers government merely to count citizens but never to identify them – unless they vote in Congress (Art. I, Sec. 7) or run for the presidency (Art. II, Sec. 1). It is rulers, not us, who must identify themselves lest they wreak wickedness against us (Art. I, Sec. 7).

Which brings us to the author of the REAL ID Act, Rep. F. James Sensenbrenner Jr. (R-WI). None too happy that we’ve scrapped his legacy, this heavy-handed dunderhead thundered, “Maybe governors [who objected to REAL ID] should have been in the Capitol when we knew a plane was on its way to Washington wanting to kill a few thousand more people.” Sensenbrenner also snarls that PASS ID, REAL ID’s twin even if it lacks his name on its legislation, sends us “right back to where we were on Sept. 10, 2001.”

Would that it did.

Becky Akers [send her mail] writes primarily about the American Revolution.

Copyright © 2009 by LewRockwell.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.

Regardless of whether you felt REAL ID represented critical improvements in security standards or a federal government ID system outsourced upon the states, Secretary Napolitano recently affirmed that, at least by name, that Title II of the Act was dead:

“By Dec 31st, no state will have issued a REAL ID compliant identification document.  We cannot have national standards for driver’s licenses when the states themselves refuse to participate.”

But, just how dead is it?  As politicians, we see firsthand how often things are simply retooled, renamed and resubmitted.  And in the case of REAL ID, which has its roots in failed attempts to implement AAMVA’s Driver’s License Agreement (DLA), it would not be the first time the concept behind a “one license, one record” national ID card was being repackaged.

The DLA started as a dismal failure with few states coming on board because it allowed for foreign data sharing and would have left AAMVA in charge of the biometric and technological standards of what had previously been a state’s sovereign document.

Because AAMVA is a 501c3 with foreign voting members, the DLA essentially left many important driver licensing decisions in the hands of a non-governmental organization that has virtually no state oversight.  With few initial takers, the DLA was inserted into early versions of REAL ID in an attempt to resurrect it.

Now that it appears REAL ID will be replaced with PASS ID, it will be interesting to see how many vestiges of REAL ID and the DLA will remain. Although initially less prescriptive, PASS ID retains many of the core aspects of REAL ID and still puts DHS in charge of current and future rulemaking processes.

The bill is largely silent on RFID and foreign data sharing, and rather than including language that would formally prohibit such practices, PASS ID neither specifically calls for nor prohibits them. This leaves many to wonder if such controversial issues are simply being kicked down the road to future rule making processes that would take place after the states are already part of the system.

Once a state is PASS ID compliant, in practice it would be very hard for them to drop out even if the rules are subsequently changed.

PASS ID still contains provisions that States be able to verify licenses with each other, although exactly how is not defined.  A pilot verification program is being created, and while PASS ID makes it voluntary for states to participate in the pilot, the law makes it very clear that such a process ultimately can be done only in a manner that is approved by DHS.

Whether or not DHS will give its approval to any process other than the one that comes out of the pilot program is unknown, but I have doubts based on my personal experience with the DHS “Enhanced Drivers License” program in Michigan.

In that case, the State of Washington did the pilot, and the project called for the use of “facilitative technology”.  In practice this ended up meaning not just the use of RFID, but a very specific kind of RFID.  DHS said we could use another technology if they approved it, but it quickly became clear that the only type they would greenlight was the kind used in Washington.

Not using RFID was completely off the table. The flexibility we were initially promised ended up only being the flexibility to either participate or not participate.

Likewise, if the new “voluntary” verification pilot project is treated this same way, in practical terms it will still be a mandate for a state that wishes to participate in PASS ID. Going full circle, many feel this pilot will ultimately be similar to the AAMVA Drivers License Agreement.

The pilot therefore needs to run its course before states can determine what exactly they would be agreeing to.  I also have concerns that participation in PASS ID might be linked to federal road dollars, as we continue to see legislation being introduced that links expanded car seat use, ignition interlock devices and texting bans as conditions for receiving these taxdollars. Federal road dollars have quickly gone from being a carrot to a stick.

The deadlines for REAL ID are quickly approaching, and it will be interesting to see if DHS offers automatic waivers as they have in the past or if they will attempt to use the deadlines to push PASS ID quickly through the legislative process, even before the pilot project is completed.

This will ultimately be a good indicator for the states on whether DHS wants to truly be a partner this time around or if PASS ID is simply another iteration in attempting to pass some version of the AAMVA DLA.

State Rep. Paul Opsommer [send him email] was elected to a second term in the Michigan House of Representatives in November 2008.  He represents the residents of Clinton and Gratiot counties.

The REAL ID Act may be on the verge of receiving its final coffin nails. Unfortunately, the Obama administration is pushing a replacement bill that poses many of the same threats as REAL ID. The history of REAL ID should inspire friends of freedom to once again vigorously oppose any and every federal grab for their personal information.

The feds had sought legislation to create national ID cards in the 1990s but were rebuffed by a Republican Congress. But, after 9/11, “everything changed” — at least in Washington. Regardless of the reasons why the CIA and FBI failed to stop the hijackers, the solution was far more snooping and the potential creation of hundreds of millions of dossiers on American citizens. Almost overnight, it became widely accepted that the government must have unlimited powers to search anywhere and everywhere for enemies of freedom. The worse the government’s failure to protect Americans, the further it permitted itself to intrude.

There was scant opposition when the House of Representatives initially considered REAL ID in early 2005. The Senate unanimously approved the bill, attached as a rider to an appropriations bill for military spending. Rep. Ron Paul was practically the lone Republican sounding the alarm. At the time the bill passed, he warned, “This REAL ID Act establishes a massive, centrally-coordinated database of highly personal information about American citizens: at a minimum their name, date of birth, place of residence, Social Security number, and physical characteristics.”

REAL ID provided a blank check for the feds to demand more information at any time in the future. The new law granted “open-ended authority to the Secretary of Homeland Security to require biometric information on IDs in the future. This means your harmless looking driver’s license could contain a retina scan, fingerprints, DNA information, or radio frequency technology,” as congressman Paul warned.

Back in 2005, it was not fashionable in Washington to be afraid of federal surveillance. Luckily, in the subsequent years, civil liberties activists have raised Cain around the nation. More than half of all the state legislatures have passed resolutions or laws restricting REAL ID’s bite in their state. But in order to understand what the feds may try next, it is important to consider how REAL ID was sold, how it was expanded, and why it remains a threat.

At the time REAL ID was being promoted, advocates of federal surveillance claimed that national identification cards were necessary to make Americans safe. In reality, national ID cards would do far more to control than to protect Americans. Savvy foreign terrorists could find ways to evade the requirements for such cards — the same way that they easily evaded ludicrous airport security systems on September 11, 2001.

REAL ID was intended to greatly increase federal levers over the movement and lives of Americans. In 2008, Homeland Security czar Michael Chertoff announced that Americans who lived in states who had not revised their drivers licenses to meet REAL ID mandates could be banned from boarding an airplane within the United States. Since the Transportation Security Administration was part of Chertoff’s fiefdom, he could snap his fingers and the TSA would block anyone who did not present the proper papers from catching a flight. (Chertoff’s attempt to bludgeon state legislatures into submission backfired).

If the feds had been upfront about claiming a prerogative to arbitrarily ban any American from air travel at the time the bill was initially considered, far more people would have protested before REAL ID became law. But this is typical of the “camel’s nose in the tent” style of surveillance.

REAL ID was also used to railroad through a vast expansion of the definition of terrorism. As Rep. Paul noted, the law “re-defines ‘terrorism’ in broad new terms that could well include members of firearms rights and anti-abortion groups, or other such groups as determined by whoever is in power at the time. There are no prohibitions against including such information in the database as information about a person’s exercise of First Amendment rights or about a person’s appearance on a registry of firearms owners.”

Sen. Russell Feingold (D-Wis.) complained that REAL ID “defined the term ‘terrorist activity’ so broadly that it basically covers anyone who has ever used a firearm.” REAL ID’s expansion of the definition of terrorist activity is especially perilous considering the hostility that some congressmen have towards gun owners.

And the danger is compounded because some Homeland Security Department officials have already labeled individuals who invoke the Constitution or support candidates like Ron Paul as radicals and extremists. This past April, a Homeland Security report entitled “Rightwing Extremism: Current Economic and Political Environment Fueling Resurgence in Radicalization and Recruitment” defined as “right wing extremism” groups and individuals who are “mainly antigovernment, rejecting federal authority in favor of state or local authority, or rejecting government authority entirely.” Thus, anyone who firmly believes in the Tenth Amendment could be classified as a threat to public safety. Once the groundwork is laid, the feds could exploit REAL ID to block people to travel to political protests. (The federal No Fly list was exploited in a similar fashion in 2002 to block Wisconsin nuns from traveling to an antiwar protest in Washington).

Now, Obama’s Homeland Security chief, Janet Napolitano, is urging Congress to enact what is portrayed as “REAL ID-Lite” — the PASS Act (Providing for Additional Security in States’ Identification Act of 2009).

But this bill contains many of the same risks as the REAL ID. And Napolitano is promoting requiring state drivers’ licenses to contain RFID (Radio Frequency Identification) chips with unique numbers for each individual. Katherine Albrecht, author of the bestseller Spychips, warns that this scheme could make it easy for the government to identify anyone who attends a gun show or an antiwar rally. Albrecht asks: “What happens to all those people when a government operator carrying a reading device makes a circuit of the event? They could download all those unique ID numbers and link them.” And it would be a small step from this to putting all the names on watch lists.

But PASS ID sounds more innocuous than REAL ID. However, from another perspective, it sounds reminiscent of high school – when students had to get a hall pass from their teacher before being permitted to step out of the classroom.

Many REAL ID advocates insisted that there was no risk of the government using the new law as a launching pad to go further into people’s lives. But the experience with other federal surveillance efforts proves that things can get far more worse than even paranoids suspect. In the 1980s, when cell phones became popular, many people saw them as a way for people to enjoy a new freedom and mobility. But, in 1999, the Federal Communications Commission bowed to FBI demands and required that all new cellular telephones be de facto homing devices. Cell phones must now include components that allow law enforcement to determine the precise location of any caller using the device. As Electronic Design magazine noted, “Unlike the location feature being created for 911 emergency services, this capability will apply to all calls and users won’t be able to turn it off.”

There was no reason to pass Real ID, and there is no reason to enact a replacement after state legislatures shot REAL ID to pieces. Nothing has happened since 2005 to make the government more trustworthy or to make liberty less valuable. It is vital that we never permit our rulers to treat all Americans like criminal suspects all the time. The government’s incompetence at protecting Americans must not be converted into a political entitlement to destroy all privacy.

James Bovard is the author of Attention Deficit Democracy (Palgrave, 2006), The Bush Betrayal (Palgrave, 2004), Terrorism and Tyranny (Palgrave, 2003), Freedom in Chains (St. Martin’s 1999), Lost Rights (St. Martin’s 1994), and other books. His website is at JimBovard.com

Copyright © 2009 Campaign for Liberty – Republished here with permission from the author.