File those comments AND the news...

There's still time to file your public comments on Real ID. Easy instructions are here or try the EFF's fax page. Lots of folks have filed, including the ACLU.

In other news, Slashdot notes that there's opposition in Massachusetts to Real ID. BoingBoing again helps remind folks that the time for comments is now. And tomorrow in the US Senate, the Committee on the Judiciary has a hearing called "Will REAL ID Actually Make Us Safer? An Examination of Privacy and Civil Liberties Concerns"

There's a nice list of speakers to the committee, including Bruce Schneier and Jim Harper, both quoted here before.


Oh, and in case I failed to mention it earlier, it's a good time to go and file your comments!

Again... what's wrong with Real ID

As we hit the final days for filing public comments (the deadline is May 8th at 5PM EST. Click here for easy filing instructions), it seems like a good idea to talk about what's so wrong with Real ID one more time. Here are a couple bullet points:

Cost: The estimated pricetag for implementation is over $20 billion... and this will be shouldered almost exclusively by the states and individuals. I believe a DHS speaker at the Town Hall said there is around $40 million in Federal money available. You can do the math as well as I can.

Privacy: the proposed implementation punts on privacy, leaving it to the states or simply hoping, I suppose, that as everything gets put into place, somehow things will work out. Implementing a huge data storage system of incredibly personal data without first coming up with HOW that data will be kept safe is bad news indeed, and simply not a good way to go about business.

Identity theft: as proposed, Real ID would not only give identity thieves one stop shopping for information, but victims of identity theft would have tremendous difficulty in clearing up problems.

Security: if the DHS keeps claiming that the point of Real ID is to make sure that the person sitting next to you on the plane is who they say they are, then they have defined security in a rather different way than I would. Also, with the various exemptions that are in place, the Real ID program has security holes big enough to drive a truck through.

The ACLU Real Nightmare page has more, as does the Stop Real ID wiki. Suffice to say, there are a lot of problems with Real ID, and there are many reasons why there are such diverse groups in the coalition that formed this past week to stop Real ID.

Why comments matter

In a lengthy discussion thread on Tribe, several people were pretty skeptical about whether or not the commenting process would make any difference. Deborah made several important points that are worth highlighting: the impact on politicians, how DHS will react if they don't get a lot of comments, and the real possibility that a comment outcry will make a difference.

The impact on politicians is most straightforward:

States are lining up against the Act, although some are on the fence about it. A strong showing from the public will not only let DHS know how we feel about it, but it will also be a boost in the undecided states -- and increase the momentum for a repeal in Congress. The commenting process isn't easy, and so legislators estimate that each comment represents the views of 1,000 people ... your voice matters a lot.

The other two require a bit of context for how the "rulemaking" process works. Briefly, once Congress passed Real ID in 2005 (with no debate, as a rider to a "must pass" spending bill ... but that's another story), DHS has the responsibility proposing a "rule" to implement the law. All proposed rules go through a public commenting period; the proposed rule can be adopted as is, or can be rejected. If rejected, it needs to be redrafted and sent out again for public comment. The current commenting process ends May 8.

Deborah writes:

The more negative comments DHS receives, the less likely it will be that the rule will be adopted.... If that happens, we have another 30 or 60 days to try to convince Congress to repeal the law.

If no one says anything during the comment period, DHS will say that the public is fine with Real ID, and fine with all of the privacy invasive decisions contained in their draft rule.

And these kinds of commenting processes do work to kill bad laws. The example Deborah gave:

The biggest one I've seen involved Secure Flight -- a passenger profiling system that the US wanted.

DHS and DoT published a draft rule in the Federal Register .... We commented it to death, we hit all of the press we could, and basically forced them to convene a committee (DHS put it together). A scathing report was issued, and guess what? Secure Flight was killed. It's still dead.

So yes, this is a difficult and somewhat obscure process ... but it's well worth doing.

jon

I've commented. And you?

Following these easy instructions, I left my comments on the Real ID Act today. It wasn't hard. It took a few minutes to type my thoughts, but the regulations.gov site is quite easy to use and the process couldn't have been much easier.

PLUS… I mean, really now… it's the right thing to do. The way I figure it, we can all be part of this process, or we can let an opportunity to speak up slip away. And why should we? Yes, it's easier NOT to comment… … NOT to make the effort… NOT to feel like you've emerged from the safety of a turtle shell. But where's the good in that? Everyone, on both sides of this issue, should leave comments or attend tomorrow's Town Hall or send in good, solid questions via email. Not only is it our chance to speak, it's our responsibility.

And speaking for myself now that I've commented… I have to tell you it feels good.

I'd love to hear if you've commented, or if you've had a different reaction than I have. Commenting closes on May 8th, so you still have time. And honestly… what are you waiting for?