Feb 5, 2011

1. Feb 5, 2011 My name is Kaye Beach. I am a member of the Board of Directors of the Constitutional Alliance and have been working with Mark Lerner for the past few years trying to stop Real ID. This presentation is mostly based upon a recent article by Mark Lerner of the Stop Real ID Coalition entitled I Don’t Care Who You Are: The Government Does” I have simply broken this document down into chunks by putting it into this format for the purpose of making it easier to read and understand. It also draws upon work by the Stop Real ID Coalition, Constitutional Alliance and the contributions of their membership as well as many other individuals who have worked tirelessly to inform others about this issue. Thank you, Kaye Beach, The Constitutional Alliance http://www.AxXiomForLiberty.com axxiomforliberty@gmail.com The purpose of this presentation is to help inform American citizens that there is a viable alternative to Real ID and measures like Arizona’s SB 1070. We want you to know that there is a straightforward and Constitutional means to validate identity without destroying the presumption of innocence which is the cornerstone in our system of justice. ABOUT THIS DOCUMENT

2. Mark Lerner was a confidant of senior people in the biometrics industry. After uncovering many improper acts by top people in the industry, Mark provided what has been called a "massive" amount of evidence to the government. He decided to go public with what he knew after waiting for nearly two years for Congress and the public to be given this important information. Since that time, Mark has testified before many state legislative committees and is in Washington D.C. on a regular basis supporting the rights of citizens. Mark now leads the Stop Real ID Coalition and is a spokesperson for the Constitutional Alliance, a coalition of individuals and groups committed to preserving state and national sovereignty, the unalienable rights to life, liberty, and property as pronounced in the Declaration of Independence and protected under the Bill of Rights. www.constitutionalalliance.org

3. Here’s the Problem FACT: The federal government is collecting, maintaining and sharing American's information globally FACT: The Real ID Act (along with a host of other ID proposals including Arizona’s SB 1070) facilitates the collecting, maintaining and sharing of our vital information globally. The problem with this can be summed up in a single statement: Americans are being enrolled into a Single Global Biometric Identifications System that Links A Person’s Body to their Ability to Buy Sell and Travel.

4. “The technotronic era involves the gradual appearance of a more controlled society. Such a society would be dominated by an elite, unrestrained by traditional values. [...] The capacity to assert social and political control over the individual will vastly increase. It will soon be possible to assert almost continuous surveillance over every citizen and to maintain up-to-date, complete files, containing even most personal information about the health or personal behavior of the citizen in addition to more customary data. These files will be subject to instantaneous retrieval by the authorities.”-Zbigniew Brzezinski

5. This Brings Us to a Question Is it possible for the states to manage verification of identity and citizenship, when necessary, without relying on the federal government? The answer is in almost all cases is a resounding "Yes“ Furthermore, they should. Under the US Constitution, driver’s licenses and the issuance of birth certificates are matters for the states to manage.

6. Real Problems The Real ID Act of 2005 and Arizona’s SB 1070 are used as examples but the same issues that plague these two policies are the same ones that plague all of the identification policies that use biometrics and requires this information to be exchanged with the federal government. Unreal Solutions

7. NO! Why are we talking about Real ID? Isn’t REAL ID Dead? When the push for uniform standards began under REAL ID in 2005, each of the states had its own driver’s licenses specifications and standards. The REAL ID Act of 2005 was intended to force the states to comply with national standards (some of which are international standards) In order to be in compliance with the Real ID states had to meet 18 specific benchmarks. “. . .many state motor vehicle departments are quietly doing the work to meet the law's initial 18 benchmarks.”http://tinyurl.com/4rgrv87 What's in a name? that which we call a rose By any other name would smell as sweet The 18 benchmarks = Real ID HR 1268 the Real ID Act of 2005 Benchmarks http://www.nga.org/Files/pdf/0907PASSIDBENCHMARKS.PDF http://thomas.loc.gov/cgi-bin/query/D?c109:6:./temp/~c109sNa15H::

8. The 18 Benchmarks, when met, give your state the same International ID as Real ID. Here’s the trick-they just aren’t calling it “Real ID” Now its called Advanced Secure Issuance http://www.secure-license.org/ “The ASI card, also known as “the card with the star,” is marked with a gold star indicating that it’s materially compliant with the Real ID Act’s regulations and can be used as identification for federal purposes” March 22, 2010 Nevada link Many of the 18 benchmarks are reasonable measures that deal with document integrity not personal information sharing. We fully support such measures. Others, like benchmark #1, are cause for concern. Benchmark #1. Mandatory facial image capture and retention of such image. All 18 benchmarks can be found here http://www.nga.org/Files/pdf/0907PASSIDBENCHMARKS.PDF At least 11 states have met all 18 of the benchmarks

9. Decisions are being made, laws are being implemented and legislation is being considered right now that will go a long way in deciding what type of society we each will be living in and what type of society we will be leaving for our children and grandchildren The Problem We must each ensure we pass the rights, liberty and freedom on to the children of today that we inherited at such great sacrifice of previous generations. This is why we have gone to great lengths to develop a solution, an alternative. This sensible and effective solution is laid out for you in the last third of the presentation.

10. Who REALLY Wants REAL ID? Over 600 organizations oppose Real ID these groups cover a broad political spectrum The Problem far left far right And Everything in Between 25 states either by law or resolution oppose the Real ID Act 2005. Religious organizations representing every major religion spoke out against the Real ID Act 2005. http://www.constitutionalalliance.org/index.php?option=com_content&view=article&id=10&Itemid=4

11. S.B.1070 and the Real ID Act have more in common than you might think The Problem Both of these laws have the state or state’s sharing volumes of personal information, including biometric data, in an ongoing fashion to the federal government Both policies contribute to entangling of all of us in a Single Global Biometric Identification System that if unchecked will allow governments and corporations to control virtually every aspect of our lives. http://www.docstoc.com/docs/71716096/SB1070---Does-the-Arizona-legislation-accomplish-anything-Mark-Lerner

12. The Real ID Act , passed without debate as a rider on a military spending bill in 2005. Driver’s licenses are issued by the states not the federal government but the Real ID Act imposed federally mandated standards for state driver's licenses. REAL ID The Problem Under REAL ID all new licenses would be machine readable and contain biometric data including but not limited to facial biometrics. “Robert Mocny, [US-VISIT DHS]sketched the outline of a Global Security Envelope of internationally shared biometric data that would permanently link individuals with their personal data held by governments and corporations.” This and the other information, under Real ID, is to be shared both nationally and internationally. Real ID Biometric Facts http://www.docstoc.com/docs/71715280/Real-ID-Biometric-Facts-2 Government Computer News, “DHS pushes global data sharing,” on Feb. 4, 2007,

13. BIOMETRIC The Problem Means Measurement of the body Technology is used to measure behavioral or physical aspects of a person and then transform this personal data to digital code for the purpose of identification With biometric identification Your Body IS Your ID

14. A Single Global Biometric Identification System requires nations and states to do 3 things REAL ID The Problem 2.Adopt international document and biometric standards The standard for the digital image on our ID cards is the adopted international standard of the ICAO 1.Enroll citizens (DL/ID cards, passports, national ID, school ID, etc.) 3.Link databases for global information sharing, global ID-tracking and surveillance

15. International Standards exist for one purpose: to enable the global exchange of information The US standard for the digital facial image on our ID cards is the adopted international standard of the ICAO ( International Civil Aviation Organization), which is an affiliate of the United Nations. “What information do governments share? With whom is my data shared and why? All of these questions need to be addressed by an agency with global powers.” --Chair of the International Biometrics Agency http://www.securityinfowatch.com/Biometrics/1280616 The Problem Once in this system U.S. citizens will have no representation. The system is global and agencies such as the ICAO (an agency of the United Nations) and the International Biometrics Agency will dictate “the rules”

16. International Biometric Identification schemes run afoul of The US Constitution/Bill of Rights in more ways that we have time to list. The next several slides hit on some of the more obvious infringements . This is not a question of whetheror not you trust your government. A better question is do you trust all governments and do you trust them all both now and into the future to never abuse this ability to separate you or your loved ones from their ability to secure for ourselves the basic necessities of life.? That is the power a global biometric identification system will enable for all governments, over all of us living now and those who will come in the future. "This proposal is one more step away from the Founding Fathers' vision of a limited federal government. Our greatest homeland security is liberty, and the Founding Fathers believed our greatest threat to liberty was a central government grown too powerful. Accordingly, they set up checks on federal power by vesting authority at the individual and state levels. REAL ID disrupts this delicate balance of power in two ways. First, it turns the Founders' logic on its head by forcing states to act as agents for the federal government in creating a national ID card for federal purposes. Needing a REAL ID to board a plane or enter a federal building would also change the balance of power in something as seemingly insignificant as a visit to a member of Congress."              -- Gov. Mark Sanford, "Real ID Side Effects," Washington Times, April 14, 2008.  

17. REAL ID The Real ID Act provides the enrollment process for facial recognition compatible databases that allow citizens to be identified by photos or in real time through CCTV The Problem Religious Freedom Right to Peaceful Assembly There is no question that for many Christians being enrolled into a single global system of identification and financial control over which they have no representation does violate their First Amendment rights. Government using facial recognition technology to identify people when in public is an intimidating act that does abridge our right to peacefully assemble. .

18. The use of biometrics literally places our religious freedom, privacy, rights of representation and our ability to buy and sell, into the hands of international organizations. For many Christians, biometric ID is enrollment into a “mark of the beast-like” system. • BIOMETRIC ID IS INTERNATIONAL ID, APPLYING TO ALL • BIOMETRICS CREATES A DIRECT LINK BETWEEN ONE’S BODY AND THE CONTROL OF FINANCIAL TRANSACTIONS • BIOMETRICS IS A “NUMBER OF MAN” The Problem Revelation 13:16-18 is very straightforward.  Once databases and ID documents are compromised (and they will be) the justification will exist to move the identification process from the identification document to directly "on" the person.  The technology to achieve this already exists. And has been in use for some time. It is not the RFID chip. The same information can be stored however, in the ink of this tattoo. (More about this technology later) For the first time in history, the entire world is being enrolled into a single system of identification and financial control, based on one’s body. For the first time both the political will and technology exist to fulfill prophecy. 

19. REAL ID The Real ID Act 2005 mandates the creation of new databases and the linking of the new databases with existing databases The Problem ‘As we learn to link biometrics to biographic, geospatial, social networks and other forms of data, we can develop patterns of activities for both individuals and organizations. . .’ “Biometric Enabled Intelligence” 2009 Biometrics Consortium WHAT WHO YOU! WHERE Anonymity is a shield from the tyranny of the majority ... It thus exemplifies the purpose behind the Bill of Rights, and of the First Amendment in particular: to protect unpopular individuals from retaliation--and their ideas from suppression--at the hand of an intolerant society." McIntyre v. Ohio Elections Comm’n, 514 U.S. 334 HOW WHEN

20. MERGING DATABASES “. . just looking ahead from what I do for a living, DNA, fingerprints, photos, vehicle registrations, and all other types of data could be linked together in relational databases, so that if I have a DNA profile, I can immediately know your driving record, your military record, a financial profile. “And then there is the argument about, should the DNA database include all people in a population.” Greggory LaBerge, Director Crime Laboratory Bureau, Denver Police Dept. http://www.dnapolicy.org/resources/GenePOPSforensics_transcript.pdf http://www.dnapolicy.org/resources/GenePOPSforensics_transcript.pdf

21. REAL ID Real ID usurps the ability of the states to innovate their own solutions The Problem Technically , Real ID may not violation the Tenth Amendment but in reality the practical effect of the regulations and penalties for failing to implement them are undeniably coercive upon state governments. Post-9/11, many states began to beef up security features on their own, without guidance from the federal government. “Federally imposed standards for drivers' license and birth certificates make a mockery of federalism and the 10th amendment. While states technically are not forced to accept the federal standards, any refusal to comply would mean their residents could not get a job, receive Social Security, or travel by plane. –Rep. Ron Paul “Congress actually modeled many provisions in the Real ID Act after existing standards in states including California, New York, Virginia, and Florida.” --Rep. Sensenbrenner link

22. Arizona S.B.1070 is state initiated legislation signed into state law in 2010 inreaction to the federal government’s inability to deal with the illegal immigration issue The Problem S.B.1070 Review Arizona’s S.B.1070 allows for an unlimited amount of personal information of citizens including a person’s biometrics to be shared with the federal government. Arizona’s S.B.1070 assists the federal government in creating a national database/repository of citizen’s most personal and sensitive information under the control of the DHS More information on SB 1070

23. Arizona’s S.B.1070 and similar legislation allows for an unlimited amount of information to be sentto the Department of Homeland Security The Problem This means: • Any type of license- driver's, business, gun, marriage, professional) • Any Benefits(food stamps, unemployment insurance, Medicaid)

25. The Department of Homeland Security Created in 2002 The creation of this department represents the most diverse merger of federal functions in our nations history. Information IS power Our personal information is also being centralized and consolidated The Problem Power IS Control We live in a Republic, not a Dictatorship Centralization of power never favors individual rights and when the representatives of our state governments lose the ability to make decisions over their jurisdiction we have less accountability and less influence over the lawmaking that will most directly impact our lives Twenty-two agencies that were formerly in the Agriculture, Commerce, Defense, Energy, Health and Human Services, Justice, Transportation, and Treasury departments or in independent agencies were combined and reorganized in the new department.

26. The Problem Mission Creep Guaranteed! No statutory limitations on “official purpose” The Secretary of Homeland Security has unfettered authority and discretion to name the “official purposes” that will require a Real ID compliant driver’s license. (As stated in Final Rules of the Real ID Act 2005) Under Real ID there are no rules other than the rules DHS decides they should abide by DHS Secretary Napolitano Referencing what he described as DHSs’ “essentially unlimited authority” “Mocny conceded that each of the 10 privacy laws currently in effect in the United States has an exemption clause for national-security purposes.” DHS declared by publishing in the Federal Register, their intention to no longer comply with the Privacy Act of 1974.September, 2010 R. Mocny,DHS

27. E-Verify is often touted as being foolproof. It is pretty accurate when it is the information of U.S. citizens being “run” through system. BUT When we really need it the most, E-Verify Fails If the person in question happens to be here illegally, E-Verify gets it wrong more than it gets it is right. 56%WRONG The program cannot even identify fraud. Link

28. The Department of Homeland Security has spent $1 billion to create a virtual fence that covers just 53 miles of our border. It took them five years to realize that plan was flawed to begin with. Jan. 2010, DHS decided to discontinue the effort In 2010 DHS’s set 30% as its target goal for stopping illegal goods or people from entering our country That’s right, a 70% failure rate.

29. L-1 is the largest biometric company in the US Admiral Loy Louis Freeh, FBI It dominates the state driver’s license business. L-1 also produces all passport cards BG Beck George Tenet, CIA Robert S Gelbard The biometrics giant also provides ID documents for the Department of Defense and has contracts with nearly every intelligence agency within our government These are just some of the senior government officials that have passed through the revolving door at L-1 Identity Solutions

30. Last year L1 announced that its biometric and document divisions are being sold to French corporation, Safran This could place U.S. citizens personal, sensitive information including our social security numbers and biometrics could be in the hands of those we have no jurisdiction over. The sale of L1 would seem to constitute a potential threat to our citizens and the security of our country. Yet neither Congress the or DHS has stepped in to stop it Why Not? In announcing major new regulations in January that set national standards for driver's licenses under the 2005 Real ID Act, Homeland Security Secretary Michael Chertoff declared, "This is a great teaching moment on the challenges of really reconfiguring a society.“Chertoff's announcement was music to the ears of private companies and lobbyists Former DHS Secretary Michael Chertoff is representing Safran Are you feeling more secure?

31. An ideal system of identity verification would avoid exchanging volumes of citizens’ personal information, including biometrics with the federal government while still providing an effective means to confirm that we are who we say we are when there is the need for identification. An ideal identity verification system would address the following issues • Voter fraud • Illegal Immigrationto ensure that those who are legally qualified are the only persons who obtain state benefits • Identity theft • Terroristsusing a state driver’s license or identification card to facilitate their actions. **

32. The solution to preventing too much power and control by one segment of US government couldn’t be simpler. We should insist that the state governments and federal government keep to their constitutionally mandated scope of power. This is what we are proposing We have done the homework for you. This plan is workable, cost effective and efficient. It provides for verifying of identity when its needed and does so without rendering the majority of law abiding people helpless to the machinations of any one segment of government. The Solution SSIVS The states should remain the guardians of their citizens’ domicile information and only share this data when the federal government has a legal need or right to know. State to State Identity Verification System

33. Start with the Breeder Documents

34. Breeder Document an identification document issued to support a person’s identity. The breeder document has to be considered reliable because it is used to verify and obtain other identity documents BREEDER DOCUMENTS How do we verify a person’s identity? The driver’s license and passport are considered to be pretty good proof that you are who you say you are but based on what? Based on your birth certificate which is considered to be the most reliable “breeder document” WHO AM I?

35. Biometrics do not prove identity + Authenticated Authentic BREEDER DOCUMENTS Biometrics are attributed to the identity provided by the breeder documents. Garbage in, Garbage out. In the case of the 11 Russian spies, the collecting of their biometrics samples/data did nothing but perpetuate the fake identities based upon fraudulent birth certificates. = + Fraudulent FRAUD Fraudulent The FBI’s investigation into the group of Russian operatives discovered that several of the suspects had assumed fraudulent identities and had obtained genuine passports (and other identity documents) in their assumed names. Link

36. A person’s identity is established on the basis of his or her birth certificate. Subsequent identification documents, such as driver’s licenses and passports, are validated on the basis of the birth certificate. ? BREEDER DOCUMENTS The federal government realizes the birth certificate is the primary instrument that "proves" citizenship; this is precisely why the Real ID Act 2005 mandates all birth certificates will be authenticated.

37. Federal and State agencies rely on birth certificates as the means to validate identity For proof of Age and Citizenship to issue other documents ( such as driver’s licenses, Social Security cards, and passports) to determining eligibility for public programs or benefits. Identification for employment purposes

38. EVVE Electronic Verification of Vital Events EVVE is an existing state initiative provides the means for states to authenticate birth certificates. EVVE is not a national repository or database It is a telecommunication hub and simply facilitates one entity in making an inquiry with the entity that controls the information being queried.**

39. EVVE- Electronic Verification of Vital Events “An electronic response from the participating vital records jurisdiction either verifies or denies the match with official state or jurisdiction records.” EVVE ? Death records are also matched by EVVE an alert could be raised if a birth certificate belongs to an individual who is deceased (using the birth certificate of the deceased is a common method of committing identity fraud)

40. Since the birth certificate is used to validate identity, it makes sense to focus on ensuring the authenticity of the birth certificate BREEDER DOCUMENTS If the birth certificate is bogus, the identity proclaimed on the driver’s license or any other documents that are created based upon the birth certificate will be bogus too We must begin authenticating the birth certificate

41. Where have all the silos gone? Breaking down silos certainly makes things easier for the government but it also allows for free access to and consolidation of information about every facet of our personal lives. Silos protect our privacy by requiring that the entity wishing to gain access have a legal need and right to that information. Our solution will keep the silos around our sensitive information intact. This is a fundamental difference between what we are proposing and where our government is going. Before the government re-organization after 911 which consolidated 22 agencies under DHS, the American people had some protection against the centralization of data due to what the government refers to as “stovepipes” or silos. The mantra after 911 became “Breaking down silos” This is only three out of many sets of personal information about you but just imagine for a moment how revealing it is to when just these three sets of data about you are consolidated. Now imagine more. Your various purchases, your internet habits, your phone records….Are you beginning to get a sense of how data silos protect us against unwanted intrusion into our lives?

42. We propose SSIVS SSIVS State to State Identity Verification System SSIVS does not require any type of national or more precisely international identification card that would place our religious freedom, privacy, states' rights or sovereignty, at risk. SSIVS This system does not just answer the need for a document to show or prove citizenship status, it also eliminates the need for federal guidelines for state driver's licenses. By placing focus on the authentication of the breeder document (birth certificate), SSIVS provides a strong foundation for ID verification while not requiring U.S. citizens to be enrolled into single global system of identification and financial control.

43. SSIVS would (1)require states to sequentially number all birth certificates and (2) verify Social Security Number This can be done directly by states querying the Social Security Administration (not DHS) and would not require an open ended exchange of information. ONLY the specific data necessary would be exchanged which narrows and limits it’s use unlike the manner of exchange that REAL ID and other ID policies would allow 1 Numbering the birth certificates allows the EVVE “system” to recognize and alert the requesting state DMV of an attempted duplicate use of one birth certificate. ** This prevents the common practice of using another person's birth certificate to establish a fraudulent identity 2 3 4 SSIVS SSIVS **Each state or territory would start their numbering sequence with their two letter abbreviation to avoid duplication in numbering sequence

44. SSIVS State to State Identity Verification EVVE Step by step example DMV The SSIVS system would show John Doe used his rightful birth certificate to obtain his driver's license or state identification card. If another person attempted to use John Doe's birth certificate "the system" would recognize that the specific birth certificate in question had already been used based on the number assigned to John Doe's birth certificate.  If John Doe attempted to use his birth certificate to obtain multiple driver's licenses in different states "the system" would alert DMV officials that John Doe had already used his birth certificate and thus John Doe would not receive a driver's license or state identification card from another state or jurisdiction until John Doe had turned in his other state’s driver's license or state identification card.  SSIVS

45. What if a US citizen wasn’t born in the USA? SSIVS Not all citizens are born in the United States so their birth certificate may not be in the system. In those instances since immigration and naturalization are matters under the authority of the federal government, states would need to make inquiry to the federal government to determine citizenship status and to ensure that the documents presented are authentic.

46. In a country of over 300 million people there will be cases where states do not have the birth certificates, certificates of birth or other acceptable documents as the state may deem appropriate to authenticate before issuing a state driver's license or state identification card to an individual.  The states would deem what procedures they would follow in these very rare cases that the person applying for a state driver's license or state identification card is not able to have their birth certificate, certificate of birth or other acceptable documents authenticated.  Hospital records and insurance documents are secondary documents that we envision a state may use along with other documents. SSIVS

47. Why State to State Verification is Best Databases are routinely compromised.  We all have heard about credit card companies, retailers, social networking sites and even state and federal databases being compromised.  The answer should never be to create repositories, centralized databases or even direct electronic access/linking of databases.  The federal government has had databases compromised by employees, moles and others.  We are all familiar with WikiLeaks and the compromising of hundreds of thousands of documents. The best way to protect information is not to have our personal information including our biometrics in centralized databases.  The next best alternative is to spread information out; diversify and not put all our eggs in one basket.  If you had a million dollars you would not invest it all in one company or stock.  You limit your risk through diversification.  The federal government is creating a national repository and worse yet sharing our information with foreign entities. It is your information and you have a right to know who is collecting it, what are they doing with it and whom it is being shared with.  The solution we offer protects your information as much as possible and most importantly your own respective states can and must be the ones we trust.  We have much greater access to our state lawmakers. Join the Constitutional Alliance and others all over the country.  Share the PowerPoint, the legislation and our web-site www.constitutionalalliance.org and know you are honoring your foremost responsibility as citizens. 

48. “We will not allow this enemy to win the war by changing our way of life or restricting our freedoms.” -- George W. Bush, Sept. 12, 2001 QUESTIONS - For more information or to have questions answered click on "contact us" on the left hand side of the Constitutional Alliance homepage www.constitionalalliance.org

49. Information and Resources Mark Lerner’s presentation before the Michigan House of Representatives sums up the problems with Real ID which is applicable to any international biometric identification scheme, find Here or on our website http://constitutionalalliance.org/ in the library section. Your Body Is Your ID Fact sheet “I Don’t Care Who You Are: The Government Does” by Mark Lerner for more specific information about the proposed solution. Find article Hereor visit at our website at www.constitutionalalliance.org Your Body is Your ID(the book) Model Legislation These downloads are provided by the Stop Real ID Coalition.  The documents include legislation and talking points which are provided for use by the state legislatures. Should you find that you need additional assistance in putting this together in your state, please contact us by clicking here or visiting us at www.constitutionalalliance.org or www.stoprealidcoalition.com Find all these materials, contact information and more at The Constitutional Alliance Website: www.constitutionalalliance.org