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Civil Liberty Concerns Over Electronic Monitoring



While the world is actively engaged in terrorism, war, and violence, the delicate line between personal/national security and civil liberties often becomes blurred. The choices are sometimes scary as even the most ardent libertarians may at times face the dilemma of having to err on the side of safety over liberties for themselves and family.

That said, there are some intrusive shenanigans taking place at the local, state, and national levels that we all should know about.

Some children are currently getting their fingerprints scanned every day at school to make the lunch line move faster. It's more efficient than debit cards, ID cards, or cash. State Sen. Karen Johnson of Arizona is trying to do something about this, as well as other measures that enable intrusive government monitoring of citizens in the name of efficiency or safety (Andrea Natekar, East Valley Tribune, Jan. 8).

Soon, all Americans may have to constantly prove their identity with a REAL ID card to board an airplane, enter a federal building, prove employment eligibility, open a bank account, or buy a cold remedy.

Concerns are mounting as May 2008 approaches, the deadline set for state compliance in the REAL ID Act of 2005. The program has been delayed because 29 states passed or introduced laws refusing to comply, citing enormous costs and a bureaucratic nightmare, but a showdown is approaching.

The rules would require all current identification holders under the age of 50 to reapply with certified birth and marriage certificates. States would also have to link their Department of Motor Vehicles (DMV) data bases.

Proposed regulations issued by the Department of Homeland Security (DHS) last March brought an astounding 21,000 public comments. Final regulations issued nine months later address only 11 percent of the problems that were identified. The analysis was based on a list of 56 problems noted by privacy activists, domestic violence victims, conservatives, religious leaders, and DMV administrators.

Montana governor Brian Schweitzer has declared independence from federal identification rules and called on 17 other states to join him in facing down the federal government. After May 11, citizens presenting a Montana driver's license will have to undergo a pat-down search and have their carry-on bag hand-screened before boarding an airplane.

States have until May 11 to request extensions out to 2014 for compliance, but they must promise to start work on necessary changes. These are expected to cost billions, with only a pittance in federal funding to help offset the cost. Schweitzer pledges that he will not ask for an extension. In a letter to other states, he says that "if we stand together either DHS will blink or Congress will have to act to avoid havoc at our nation's airports and federal courthouses."

Accoridng to an article in the Jan. 18 Privacy Digest, DHS spokeswoman Laura Keehner says DHS has no intention of blinking.

Computer errors and identity theft are already causing frightening snafus involving the DMV and DHS. Schoolteacher Debbie Williams Arthur was called a convicted felon and a fugitive when she tried to get her vehicle decals online. Her identification had been connected, through DHS, with that of a Debra K. Williams, who apparently is a fugitive.

Not having the proper ID could also result in loss of benefits. According to an article in Sun Cities Independent, when Don Lorenz was prematurely declared dead by the Social Security Administration, he had to take his birth certificate, driver's license, and Social Security card to the Social Security Office to prove that he was still alive. Someone had apparently mis-entered the SSN of a deceased individual.

A mother who wants to opt out of the fingerprint scanning for school lunches fears that hackers could get into the program. When her child grows up and tries to buy a house, what if his identity has been stolen by someone who has had a foreclosure?

While the controversial radio frequency identification technology (RFID) microchip isnšt required by REAL ID yet, it could come later.

Combined with pervasive and top-secret high-tech surveillance being employed by government even now, it has chilling Orwellian potential. Your call!

Editor's Note: Michael Arnold Glueck I, M.D., submitted this week's column.

* * *

Michael Arnold Glueck, M.D., comments on medical-legal issues and is a visiting fellow in Economics and Citizenship at the International Trade Education Foundation of the Washington International Trade Council.

Robert J. Cihak, M.D., is a senior fellow and board member of the Discovery Institute and a past president of the Association of American Physicians and Surgeons.

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