Future Forecast:
A U.S. National ID Card

Where We've Been

Over the years, Congress and other governmental bodies have consistently objected to the idea of a national identifier. The Privacy Act of 1974 took steps to codify a citizen's right to privacy regarding personal information and outlined various requirements for things like disclosure, error correction, and types of acceptable use. As time passed, it became clear that the provisions of the Privacy Act, while an important first step, were insufficient for protecting private information. In addition, the use of the Social Security Number (SSN) as an identifier was growing rapidly, making it a more attractive target for misappropriation and fraud.

The Driver's Privacy Protection Act of 1994 was enacted in response to the increasingly common practice by state DMVs of selling personal information to commercial interests. The Drivers Privacy Protection Act prohibited these agencies from disclosing personal information, including addresses and SSNs. However, the Act also provided for numerous exemptions from the prohibition that reduced its effectiveness.

The Illegal Immigrant Reform and Immigrant Responsibility Act of 1996 changed things, and not many people realized it. Enacted to strengthen penalties for illegal immigration, make the deportation process stricter, and inhibit terrorists from using the immigration process as a means of entering the country, the Act also included a provision requiring states, when issuing driver's licenses, to either print the driver's SSN on the license or assume the cost of verifying the accuracy of the driver's SSN with the Social Security Administration (SSA). IDs that did not conform to the delineated standard would not be acceptable for federal identification purposes. Privacy advocates, including the American Civil Liberties Union (ACLU), objected to this aspect of the Act and lobbied for its repeal in intervening years. Eventually, the Department of Transportation and Related Agencies Appropriations Act, 2000 would be passed into law; buried inside would be a one-line statement (Section 355) repealing the troublesome provision of the earlier law.

The Current State of Things

The attacks of 9/11 have re-energized discussion of how identifying citizens relates to security and have spurred momentum for various proposals. Earlier this year state motor vehicle officials sought approval from Congress for a plan to allow DMVs to share data on license applicants with federal agencies such as the SSA, Immigration and Naturalization Service, and the FBI. With the system in place, DMVs from one state will have access to information about drivers from other states, thereby ensuring (among other things) that states don't issue licenses to individuals already holding licenses from elsewhere. In addition the proposal calls for strengthening the state ID cards to prevent fraud and misuse. As one proponent noted, the driver's license is already the "de facto national identifier," commonly relied on to verify a person's identity in this country.

Another movement underway is being spearheaded by the U.S. Department of Transportation with the implementation of the Aviation and Transportation Security Act. As part of this legislation, the Transportation Security Administration is authorized to create a transportation-worker identification card, which could be expanded to a trusted traveler program. A passenger with a trusted-traveler card would have expedited security screening. The card would also contain a biometric component to ensure that the bearer is in fact the person to which the card was issued. The card could potentially be used for all forms of domestic public travel, as well as for international travel. Intended to shorten lines in airports, the cards would also require background checks, whose results would then be disseminated to law enforcement agencies.

Where Are We Going?

It's clear from the examples above that the problem of identification will continue to be an issue addressed by lawmakers, lobbyists, privacy advocates, and perhaps even average citizens. As noted by Privacy International, national ID cards are not unusual in many countries throughout the world, and their uses range from monitoring specific elements of the population to serving as an "internal passport" to improving the government's ability to deliver services. Still, a number of developed countries, including the U.S., have resisted the idea of a single national identifier.

It's too early to tell if the attacks of 9/11 have tipped the balance towards the establishment of a national ID card. They have certainly caused many of us to reevaluate the acceptable cost of safety and security, so the current political climate might serve to hasten the process of debate. And truth to tell, I think we are indeed headed for some form of national identification card, probably in the next ten years. But I think that rather than expressly deciding to establish such a system, we will instead back into a national ID through (for lack of a better term) "function creep." As we see with the state motor vehicle movement above, formerly unrelated information systems will gradually become more connected and able to share data. The SSN has continued to grow in importance as it is associated with more and more data, and this isn't likely to change soon. By the time the government sees fit to declare a national ID card, much of the infrastructure required to support it will be in place (though this is not to say the infrastructure will be the most efficient). Even if Americans should continue to reject the notion of a national ID card, the support system is likely to exist -- the real question at that point will be who is allowed access to that system.

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