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[RRE]Driver's Licenses and Comparable Identification
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[This letter was copied to RRE by Phil Harris . Several politicians and agencies have shown an interest in the convergence of social security cards and driving licences, and stirring up fears about immegrants (not only illegal but also irresponsible ones) might unfortunately be the Trojan horse to help bring it about.]
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Reston, VA 20191
July 31, 1998
National Highway Traffic Safety Administration
Docket Management
Room PL-401, Nassif Building
400 Seventh Street, SW
Washington, D.C. 20590
Ref: Docket No. NHTSA-98-3945, RIN 2127-AG-91
Notice of Proposed Rulemaking
State-Issued Driver's Licenses and Comparable Identification
Documents
23 CFR Part 1331
Dear Officials of the NHTSA:
This letter comprises my comments to your action referenced above,
a proposed federal standard for state issued drivers licenses and
other identification. The proposed regulation is intended to
implement Section 656(b) of the Illegal Immigration and Immigrant
Responsibility Act, relating to setting standards for state-issued
drivers licenses and comparable identification documents. In making
these comments, I am writing solely as a private citizen concerned
with the privacy implications of this action.
I wish to object to the requirement that the driver's license or
state ID either display the holder's Social Security Number (SSN)
in human readable or electronic form, or else that the state obtain
the SSN and validate it (which will inevitably result in a state
SSN database). This is a bad idea, for several reasons:
Having my SSN on my license allows anyone who asks to see
my license to obtain my SSN. Since the SSN is the key to
many databases containing personal information, having my
SSN could allow someone to access those databases, legally
or illegally, often without my informed consent or even
knowledge. The results could range from having embarrassing
or stigmatizing information revealed to being a victim of
identity theft. Even having my SSN in a state database will still place my
privacy at risk. State driver records are often made
available to members of the general public, with perhaps
few or no restrictions on who may see them. At least one
state (Texas) is reported to sell DMV records to junk
mailers and other marketers! The linkage of the SSN, an almost universal national
identifier, to state driver's licenses will have the
effect of creating a de facto national identification card.
Such a card, once established, will inevitably attract
further political attention and become the "solution"
for various problems, real or perceived. Like the problem
of illegal immigration, the subject of the current
legislation and this regulation, the various problems
may involve a relatively small number of people, but the
"solution" will affect virtually every American citizen
and resident. As such a national ID card becomes a more
organized, centralized system, with more data associated
with it, current privacy concerns will be greatly
exacerbated. (The current debate over the national health
identifier is bringing to light similar privacy concerns).
It is noteworthy that Congress has consistently rejected
a national ID card whenever the question has been raised
explicitly -- see below.Moreover, the SSN provisions of this regulation will not be
substantially effective in carrying out the statute's intent of
curbing illegal immigration:
Social Security Numbers can be obtained from the Social
Security Administration in a process (outlined in the SSA's
Form SS-5 and its instructions) requiring substantially
the same documents as those mandated by the proposed
regulation. Therefore, if an identity forger can forge a
birth certificate and other documents to obtain a driver's
license, he can (fraudulently) get an SSN, which the SSA
will verify, to use to apply for the license. Thus, the
SSN and the proposed validation process adds no more security
to the issuing of driver's licenses than is already afforded
by the proposed documentation requirements. As the Notice of Proposed Rulemaking admits, there are
many legal aliens (such as college students) with neither
the need nor the requirement to obtain SSNs in the US but
who need driver's licenses. Thus, the regulation includes
a sizeable "loophole" to accommodate those legal residents
which illegal aliens or identity forgers could exploit.
This loophole cannot be closed short of the clearly unac-
ceptable step of compelling the states to deny such aliens
driver's licenses. Similarly, there are a small number of
US citizens who do not have assigned SSNs and eschew their
use due to religious or other reasons. Such individuals
are allowed under the proposed regulation to certify in
writing their lack of an SSN. This is desirable to accom-
modate those persons but similarly presents a loophole to
evade whatever security the SSN is assumed to provide.Perhaps most seriously, the creation of a national ID card is
explicitly rejected elsewhere in the Illegal Immigration and
Immigrant Responsibility Act of 1996! Section 404(h)(2) clearly
states:
No national identification card.--Nothing in this subtitle
shall be construed to authorize, directly or indirectly,
the issuance or use of national identification cards or
the establishment of a national identification card.
Thus, the proposed regulation is based on a self-contradictory statute.
To avoid the problems of implementing the Act's SSN provisions I
recommend that the NHTSA take the following actions:
Seek Congressional repeal of the SSN provisions of Section
656(b). (At least one bill in the current Congress, HR
4217 sponsored by Representatives Barr and Paul, proposes
to repeal Section 656(b) in their entirety). Pending Congressional action, either change the proposed
regulation to merely require a unique ID number be
displayed on the license, without stipulating that the
number be the holder's SSN, and remove the requirement
to obtain an applicant's SSN; or else suspend the
regulation entirely.Thank you for taking the time to consider my comments on this
important matter. Please use the prepaid postcard to acknowledge
receipt of this letter.
Very truly yours,
Philip P. Harris
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