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88 The LSE Identity Project <strong>Report</strong>: June 2005The database that is generated under this regime will also be shared with Mexico andCanada. The law specifies information to be held in the database, including name, dateof birth, gender, digital photograph, signature, and address.The law also repeals earlier statute and allows the Secretary of Homeland Security to“prescribe one or more design formats” for the licenses. The White House announced itssupport for the bill, as it will “strengthen the ability of the United States to protectagainst terrorist entry into and activities within the United States.” 225However, even at its worst, the REAL ID Act only gives the Federal Government thesame powers that the UK Government already has over the information held in theDVLA. The general response to the Act in the US is one of widespread concern, andthere are reports of a number of plans to appeal to the courts on the matter. For instance,the National Governors Association threatened lawsuits on the grounds that it will costStates up to $700 million to comply with the law. 226 The Mexican Government isprepared to lodge a diplomatic complaint regarding the law, referring to it as “negative,inconvenient and obstructionist.” 227In an interesting development, the state of Georgia has prohibited the use of fingerprintsin drivers’ licenses. This followed concerns regarding identity theft, andacknowledgement by the law enforcement community that the fingerprints were notbeing used for combating crime. 228 The state assembly of Georgia responded by passinga law, by a wide majority, 229 prohibiting the collection of fingerprints. The law alsorequires that all existing fingerprints be deleted from the licensing databases:“Not later than 30 days after the effective date of this paragraph, thedepartment shall destroy all records of fingerprints obtained on andafter April 15, 1996, and prior to the effective date of this paragraphfrom applicants for drivers’ licenses, identification cards, andidentification cards for persons with disabilities issued by thedepartment and shall compile and make available for public inspectiona list of all persons or entities to whom the department provided suchfingerprint records. Notwithstanding the provisions of this paragraph,fingerprint images electronically stored on existing drivers’ licenseswill be destroyed upon application for a renewal of the driver’slicense.” 230The Act goes on to state explicitly that applicants shall not be required to submit (orotherwise obtain) fingerprints, biological characteristics such as DNA, nor retinal scanidentification. In an unrelated event, the state’s database was maliciously hacked shortly225 Executive Office of the President, Statement of Administration Policy: HR 418 – REAL ID Act of 2005, Officeof Management and Budget, February 9, 2005.226 ‘National ID Battle Continues’, Kim Zetter, Wired News, May 12, 2005.227 ‘Mexico furious at tough US law on migrants’, John Authers and Edward Alden, The Financial Times, May 13,2005.228 ‘Driver’s License Fingerprints Debated’, Associated Press, February 23, 2005.229 ‘Fingerprint bill deserves Perdue’s OK’, Bob Barr, as published by the Atlanta Journal-Constitution, May 4, 2005,available at http://www.bobbarr.org/default_print.asp?pt=newsdescr&RI=624.230 Georgia General Assembly, House Bill 577, 05 HB 577/AP, to be effective 1 July 2006, available athttp://www.legis.state.ga.us/legis/2005_06/fulltext/hb577.htm.
The LSE Identity Project <strong>Report</strong>: June 2005 89afterwards. 231 This law may conflict with the REAL ID Act, depending on theestablished standards for biometrics, if any, that emerge once the Act is implemented.United States and Border ControlsSince September 30 2004, all visitors to the United States 232 are face-scanned andfingerprinted at the border. These measures are part of a vast integrated informationstorage, matching and profiling system. In 1996 Congress called on the AttorneyGeneral to develop an automated entry and exit monitoring system for foreigners. Thiswas expanded significantly by the USA-PATRIOT Act that suggested the use ofbiometrics. The Enhanced Border Security and Visa Entry Reform Act took the USA-PATRIOT Act even further by calling for the integration of the border monitoringsystem with other databases.The US Visitor & Immigration Status Indication Technology System (US VISIT)collects and retains biographic, travel, and biometric information on all visitors, exceptCanadians and Mexicans. The purpose of this collection is to identify people who arebelieved to potentially pose a threat to the security of the US, are known or believed tohave violated the terms of their admission to the US, or who are wanted in connectionwith a criminal act in the US or elsewhere. This information will be shared with “otherlaw enforcement agencies at the federal, state, local, foreign, or tribal level” who “needaccess to the information in order to carry out their law enforcement duties.” 233Personal information collected by VISIT will be retained for 75 to 100 years. It is keptalongside data collected from nationals of countries that threaten to wage war, are orwere at war with the United States. 234The system is to be used for a plethora of purposes. These include national security, lawenforcement, immigration control, and: “other mission-related functions and to provideassociated management reporting, planning and analysis.” It will assist in:“identifying, investigating, apprehending, and/or removing aliensunlawfully entering or present in the United States; preventing theentry of inadmissible aliens into the United States; facilitating thelegal entry of individuals into the United States; recording thedeparture of individuals leaving the United States; maintainingimmigration control; preventing aliens from obtaining benefits towhich they are not entitled; analyzing information gathered for thepurpose of this and other DHS programs; or identifying, investigating,apprehending and prosecuting, or imposing sanctions, fines or civilpenalties against individuals or entities who are in violation of theImmigration and Nationality Act (INA), or other governing orders,231 ‘State of Georgia Driver’s License Files Hacked’, Dick Petty, Associated Press, May 19, 2005.232 With the exception of citizens of Canada and Mexico.233 US Department of Homeland Security. 2003. US-VISIT Program, Increment 1 Privacy Impact AssessmentExecutive Summary, December 18.234 Federal Register. 2003. DEPARTMENT OF HOMELAND SECURITY [DHS/ICE–CBP–CIS–001] Privacy Actof 1974; System of Records, Federal Register, Volume 68 Number 239. December 12.
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