Keeping Track Of You
by Geov Parrish
The Clinton Administration's zeal for expanded police powers, mentioned in
last week's "Articles of Impeachment," showed up in a couple of additional
quiet moves recently that threaten far-ranging encroachment on privacy and
personal rights.
In one, FBI head Louis "People Must Not B." Freeh snuck a provision into
the Justice Dept. funding bill which would require phone companies to give
cops the precise location of cellular phone users. The rider substantially
amends the Communications Assistance for Law Enforcement Act of 1994. A
court order, nominally needed for normal wiretaps, may not be needed for
Lou's roaming tracker.
Situations that would allow for a non-court ordered location ID include
such catchall categories as the suspicion of a felony, pursuit of a
fugitive, or threats to human safety. The plan would use existing
technology to allow 911 emergency operators to pinpoint the locations of
cellular callers.
Freeh is also angling to remove Federal Communications Commission
jurisdiction on the issue. Cell phone makers had appealed to the FCC after
the FBI continued to push for new powers in talks designed to make sure
cell phones were at least as tappable as land-lines. Industry and public
interest groups are also precluded, under the shift in procedure, from
commenting on the FBI's new communications standards.
In another development, civil libertarians have long been concerned about
state desires to develop a "national ID card" that could be combined with
modern technology to keep exhaustive tabs on any and all citizens
("National Identity Cards," ETS! #9, Nov. 5, 1996). Now, it looks like it
might be happening--by regulatory fiat, and with few people noticing.
The U.S. Department of Transportation (DOT) issued a notice on June 17 that
would effectively turn state drivers' licenses into national ID cards. The
proposed rule would require all states to modify their drivers' licenses to
create a uniform national drivers' license. It would also prohibit
government agencies from accepting any identification besides the
authorized identity card.
The proposed rule would also encourage states to include the persons'
Social Security number either in written form on the face of the license or
in electronic form of all drivers' licenses. If a state does not wish to
include the SSN on the license, it must minimally require every license
applicant to provide the number. Why operation of a motor vehicle ought to
be tied to a person's retirement fund is a question nobody seems to have
asked. True lovers of conspiracy theories will note the convenient timing
with proposals for the administration of Social Security by private
corporations--but then, state licensing departments are selling them
information on you already.
The DOT is basing its rule on provisions in the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996. Reps. Ron Paul (R-TX) and Bob
Barr (R-GA) have introduced H.R. 4217, the Freedom and Privacy Restoration
Act of 1998, which would repeal the immigration Act's provisions on
identification.
More information on the proposed rule is available at
http://www.epic.org/privacy/id-cards/
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