Out of Control? The Real ID Act of 2005

Abstract

The tragic events of September 11, 2001, created an environment that was conducive to the expansion of surveillance operations. Furthermore, the Bush Administration’s belief that the power of the presidency allows for any action, in the name of national security, led to the gathering of information about both terrorists and ordinary citizens. The Real ID Act of 2005 is a piece of legislation that requires, among other things, that state licensing agencies verify, collect, store, and share an increased amount of personal information. Opponents of this legislation are concerned about the financial, technological, privacy, and security implications of a law that was enacted with little to no due diligence. Currently, the requirements of the Real ID Act have been forced into an immigration bill in the Senate. Fortunately for those opposed to the Real ID Act, the Democratic majority currently in Congress appear to be more concerned with protecting the freedoms and liberties of American citizens than the Republican majority was when they originally passed the Real ID Act legislation in 2005. Ultimately, this chapter seeks to provide the reader with a thorough discussion into the many concerns associated with the Real ID Act.