1617 - The Debate Over a National Identification Card - The Century Foundation Homeland Security Project

The Century Foundation
Homeland Security Project

The Debate Over a National Identification Card

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Issue In Brief 

THE HOMELAND SECURITY RATIONALE FOR A NATIONAL IDENTIFICATION CARD SYSTEM,

Because some of the terrorists who carried out the September 11 attacks were known to be security risks or had visa violations and still were able to spend months undetected in the United States while traveling, attending flight schools, and renting apartments, proposals for creating a national
identification card system have gained new attention.
Clearly, the nation’s current system of documentation failed to impede the September 11 terrorists.  

Two of the hijackers were on a government watch list of suspects, two had overstayed their visas, and another violated the terms of his student visa by not showing up for classes, yet they were able to operate freely while in the United States.  All of the nineteen hijackers had Social Security numbers, and thirteen of the terrorists obtained their cards legally.  All obtained tourist or business visas in U.S. consulates.  Most of them opened bank accounts and regularly used ATM cards.  Two enrolled in flight schools and took flying lessons.  Many flew all over the country on commercial airlines, often irst class, and some of them flew several times in and out of the United States.  One of the hijackers came in and out of the country seven times between 2000 and early 2001, and another came and left five times.  Many of them were able to obtain drivers licenses and rent cars.  On September 9, 2001— two days before helping to fly a plane into the World Trade Centerone of the group’s leaders was stopped for speeding on I-95 in Maryland; the state trooper checked his records, found that his Virginia driver’s license and rental car registration were valid, issued him a ticket, and released him. 

Clearly, this proposal goes much further than anything that has emanated from Congress.  The association actually seeks to establish a national identification system based on the driver’s license that would be issued to everyone, not just visa applicants. Moreover, if this proposal were in fact pursued, the system could potentially be in place more quickly since people generally already use their driver’s license as identification and at least some of the infrastructure for the system already exists through each state’s Departments of Motor Vehicles.   

2. Due to customer dissatisfaction with longer security clearance lines at the airports, the American Transport Association, representing the airline industry, supports a voluntary “smart card” identification that frequent travelers can pay for and use to expedite check-in time.  Such a system would separate travelers that are already known via the airline’s database, from unknown people who would be scrutinized more closely.  The airlines already have been working on creating such systems individually. However, according to the president of the Air Travelers Association and other industry experts, with the federal government poised to take over much of airport security, a uniform system may emerge. Indeed, the government is already planning to establish a computer network that links all airline reservation systems to private and government databases.  The network would analyze detailed information and assign a threat score to each passenger.  The companies already developing these systems for private airlines would like to link the system to a national identification, a biometric identifier, or both.  Establishing such a system would likely require a rollback of some current federal privacy laws. 

The airline industry proposal is different in that it is ostensibly voluntary, although it would seem that anyone who flies with any frequency might feel quite compelled to enroll in the  program.  It also does not distinguish between foreigners and citizens.  It is unclear at this point whether an airport/travel based identification system would be run by private industry or the government, and this choice would have different implications for being able to place restrictions and protections on the system.  

Corporate Proposals
Naturally, companies that stand to benefit from increased use of high tech identification methods support the idea of a national identification card.  The most prominent among the supporters is Larry Ellison, CEO of Oracle Corporation, the leading maker of database software, who has been meeting with a number of Washington officials to discuss the idea.  He has offered to donate the software for the creation of the system, but not the maintenance or upgrades, or the other costs of implementation. Under his proposal, the cards would be mandatory for foreigners and voluntary for citizens. 

The International Biometric Industry Association has not advocated a national identification card, but rather has argued for use of facial recognition technology at airports and improvements in current Systems, such as the FBI’s fingerprint system. The Biometric Foundation, a research organization that is directed and operated by biometric company heads, has testified before Congress in favor of using biometrics in “passports, visas identification cards, and other travel documents.” Many industry executives also have testified before congressional committees about increasing the use of biometrics.  

Many companies have set up special divisions to pitch their wares and hired Washington lobbyists.  

The International Biometric Group expects that revenues for the industry will increase from between $119 million and $127 million in 2000 to $523 million in 2002.
 

MOVING FORWARD

As the debate over a national identification card system unfolds, it is likely that some sort of more extensive identification system will eventually be established in the United States.  Legislation moving in that direction has already been introduced. The Association of the Departments of Motor Vehicles is establishing a system of biometric identification cards, and the private airline industry is starting to implement quick check-ins for travelers who apply for a special identification card.
 

If that is the case, efforts to reach a compromise on the areas of disagreement will focus on such issues
as: 
• specific restrictions on the types of information that either a private or public entity can collect
• restrictions on which public agencies are authorized to collect information 
• requirements that any identification card put into use by private entities be of a voluntary
nature 
• laws and regulations regarding who may have access to the relevant data 
• laws and regulations regarding to whom such data can be released
• laws and regulations as to who and what entities can demand presentation of the card
• measures to ensure that the data systems employed have the highest possible security
• specific guidelines for use by law enforcement and penalties for abuse by law enforcement
 

RESOURCES /LINKS 

ACLU:
http://www.aclu.org 
Testimony of ACLU’s Kate Corrigan:
http://www.aclu.org/congress/l111601a.html 
http://www.aclu.org/features/National_ID_Feature.html 
Letter to the President from civil liberties and consumer groups
www.aclu.org/congress/021102a.html
Privacy International:
http://www.privacyinternational.org 
Senate Bill S. 1627: 
http://www.thomas.loc.gov/cgi-bin/query/C?c107:./temp/~c10706dw90 
Feinstein statement:
http://www.senate.gov/~feinstein/releases01/r-visas1.html 
House Bill H. 3525:
http://thomas.loc.gov/cgi-bin/query/D?c107:3:./temp/~c107rxtm0L
House Government Reform Committee, Subcommittee on Government Efficiency, Financial
Management and Intergovernmental Relations, Hearings on National ID Card:
http://www.house.gov/reform/gefmir/hearings/2001hearings/1116_nationa._id/1116_witne
sses.html 
Watch the hearing:
http://www.c-span.org/technology_science 
Progressive Policy Institute proposal for a national ID card
www.ppionline.org/ppi_ci.cfm?knlgAreaID=85&subsecid=108&contentid=250176
www.ppionline.org/ppi_ci.cfm?knlgAreaID=140&subsecID=290&contentID=250175
Information from New York State Senate Anti-Terrorism Special Committee, which
recommends a national ID card
http://www.roygoodman.org 
Comments from Representative George Gekas, Chairman of the House Subcommittee on
Immigration and Claims
http://www.house.gov/gekas/columns/September/2001/28-NationalID.html 
Testimony of Monte Belger, Acting Deputy Administrator of the FAA, which supports use of a traveler ID card, before the Senate Subcommittee on Technology, Terrorism, and Government
Information 
http://www.faa.gov/apa/TESTIMONY/2001/1114temb.html 
Immigration and Naturalization Service
www.ins.gov
U.S. Department of State, Visa Information
www.travel.state.gov
GAO Report -- Information Security: Serious and Widespread Weaknesses Persist at Federal
Agencies. AIMD-00-295 September 6, 2000.
www.gao.gov

Cato Institute: 
http://www.cato.org/tech/tk/010928-tk.html 
Electronic Information Privacy Center: 
http://www.epic.org/privacy/id_cards 
Pew Research Center: 
http://www.people-press.org/terrorist01rpt.html   

Key Articles  
- Robert O’Harrow, Jr., “Rights Groups Oppose ID Card,” Washington Post, February 13, 2002, p.
A15.
- Robert O’Harrow, Jr., “States Seek National ID Funds,” Washington Post, January 14, 2002, p.
A04.
- Jonathan Turley, “Let's Not Rush Headlong Into a National ID,” Newsday, January 14, 2002, p.
A20.
- Jennifer Lee, “Upgraded Driver’s License Are Urged as National ID’s,” New York Times,
January 8, 2002.
- Joe Sharkey, “Class Consciousness Comes to Airport Security,” New York Times, January 6,
2002.
- William Safire, “Threat of National ID,” New York Times, December 24, 2001.
- Robert O’Harrow, Jr. and Jonathan Krim, “National ID Card Gaining Support,” Washington
Post, December 17, 2001, p. A1.
- Diane Feinstein and Jon Kyl, “We Can’t Afford To Be Cavalier about Our Borders,” Los Angeles
Times, November 12, 2001, p. B11.
- Mike Francis, Heather Green, Jim Kerstetter, Jane Black, Alex Salkever, and Dan Carnery,
“Privacy in an Age of Terror,” Business Week, November 5, 2001, p. 82.
- Lorraine Woellert, “National Ids Won’t Work,” Business Week, November 5, 2001, p. 90.
- Paul Magnusson, “Yes, They Certainly Will,” Business Week, November 5, 2001, p. 90.
- “Id Card Idea Attracts High-Level Support,” San Jose Mercury News, October 17, 2001.
- Alan Dershowitz, “Why Fear National ID Cards?” New York Times, October 13, 2001, p. 23.
- Daniel J. Wakin, “National ID Cards: One Size Fits All,” New York Times, October 7, 2001.
- August Gribbin, “White House Rules Out National ID Card,” Washington Times, September 28,
2001.
- Robert O’Harrow, Jr, “Intricate Screening of Fliers In Works,” Washington Post, February 1,
2002, p. A1.
Written by Tova Andrea Wang, Program Officer and Special Counsel for The Century Foundation.
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