New Bill in Congress: Passports of Registered Sex Offenders are Under Attack!

7-29-2010 California, National:

Readers will think this bill is crazy, I would agree, in any court I would hope judges agree, but facts of each case may tell a different story.

OK, what am I talking about: HR-5870 which has "No Name" just a description of its purpose "To restrict passports of certain sex offenders, and for other purposes." introduced 7-27-2010 by Rep. Poe (R-TX-2). the bill was Referred to the House Committee on Foreign Affairs, guess who is on that committee? Committee Members, that shows all Members and their contact information.

The bill:

SECTION 1. RESTRICTION OF PASSPORTS OF CERTAIN SEX OFFENDERS.

(a) In General- The Secretary of State may revoke, restrict, or limit a passport issued to an individual who is a sex offender (as defined in section 111(1) of the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16911(4)) who is--

(1) included in the National Sex Offender Registry established pursuant to section 119 of such Act (42 U.S.C. 16919); or

(2) required to register in a jurisdiction's sex offender registry under title I of such Act and with respect to whom information may be maintained in the National Sex Offender Registry under such section 119.

There is nothing else in the bill, thats it. So, just because someone is properly registered in the National Registry (created by states uploading their registrants to the national registry) and following all laws, on a whim of the Secretary of State, their Passport can be revoked, restricted, or limited. No misconduct is required, it can be done on a whim. The bill's purpose does say "certain sex offenders" but there isn't a word addressing that anywhere in the bill.

This is what they call a Democracy where Due Process prevails, except for former sex offenders. For them, the standard due is "because I feel like it." This sounds like the latest "Hate-Legislation" coming out of Congress, however, here we know who wrote the bill.

So, everyone needs to be contacting their folks in Washingtonand get them tovote NO on this insanity. OH, also contact every committee member (list above in the link) with your thoughts on this one.

OK, off my soapbox, readers may comment if they wish, but please keep it clean.

For now, have a great day & a better tomorrow, and contact Washington DC!
eAdvocate

PS: My guess is that Thomas will soon show this bill is related to International Megans' Law bill.

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Passengers leaving Scotland to be screened at border

12-29-2008 Scotland:

Thousands of passengers travelling in and out of Scotland will be electronically screened next year under plans for the government's next-generation border control technology.

The £1.2bn e-borders scheme will link government agencies, travel industry systems and transport hubs such as ports and airports.

The database will start to count the majority of people entering and leaving the UK next year. Ultimately, travellers' details will be checked against government systems, with permission to enter the UK granted or denied before they leave foreign soil.

Scottish routes will be included for the first time from next spring and summer.

The scheme, which ministers described as an "offshore line of defence", could mean passengers having to book in earlier for flights to allow enough time for the data to be transferred.

Deputy Chief Constable Bill Skelly, the Association of Chief Police Officers in Scotland spokesman on aviation and maritime issues, said: "It is about advance notification. Airlines will have to notify e-borders with the details of passengers. That information then goes into a central database where it will be checked against the police national computer and those on the wanted index.

"If someone is flagged, then before they arrive in the UK an alert will go out. We have to consider how to respond. As the numbers go up we will have to look at prioritising them. We may not be able to chase every fine defaulter but if someone is wanted for murder or there is a European arrest warrant for them we can ensure we are there waiting for them when they land. The database also analyses information about patterns of travel behaviour.

"Until we know which routes are involved we cannot predict exact numbers but there will be thousands checked coming in and out of Scotland."

The multi-million pound Semaphore pilot project, run by IBM and started in 2004, covered 10 international routes, screened 29 million passengers and led to 1000 arrests. The new system will screen 120 million.

Like the Automatic Number Plate Recognition (ANPR) system, used to track vehicles across the UK for crime and terrorism prevention and detection, the e-borders system has the ability to check thousands of details within minutes.

However, officers say it will have to be used within the confines of existing human rights legislation and will be focused on specific targets rather than all passengers.

"It is a bit like ANPR - once you switch it on you find that you could chase every single tax disc but that is not what the public expects," said Mr Skelly, deputy chief constable of Lothian and Borders Police.

"Resources are finite. There will be a tiered approach and we will be looking, for example, for sex offenders and those involved in human trafficking.

"It could be people wanted for arrest warrants or serious crime and will be preventative. We have to be sensitive to human rights issues "The routes concentrated on have been mainly those going to Heathrow and Gatwick but once it goes online next year we will be able to capture the Edinburgh and Glasgow routes. It is about working with individual forces on priority areas and checking we have the resources in place to meet people off flights if that is required.

"What we will get is far more detail on everyone. There will be a legal requirement for carriers to give the information to police.

"Flights may have to close earlier as a result. Currently, some domestic flights close 30 minutes before departure but they have to get the information to e-borders 30 minutes before the flight leaves.

"At the moment, the system screens about 20 million passengers but by the spring and summer of next year that will be 120 million-plus. Eventually the technology is there to apply it to every single passenger." ..News Source.. by LUCY ADAMS, Chief Reporter

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Researchers find problems with RFID passport cards

There is a more in-depth discussion here. Note, this RFID type chip is being used on newer driver's licenses (already implemented in Washington and New York, and soon in Michigan).

10-26-2008 National:

RFID tags used in two new types of border-crossing documents in the U.S. are vulnerable to snooping and copying, a researcher said on Thursday

RFID tags used in two new types of border-crossing documents in the U.S. are vulnerable to snooping and copying, a researcher said on Thursday.

United States Passport Cards issued by the U.S. Department of State and EDLs (enhanced driver's licenses) from the state of Washington contain RFID (radio-frequency identification) tags that can be scanned at border crossings without being handed over to agents. Both were introduced earlier this year for border crossings by land and water only, and can't be used for air travel. New York is the only other U.S. state with an EDL, though others are in the works.

The information in these tags could be copied on to another, off-the-shelf tag, which might be used to impersonate the legitimate holder of the card if a U.S. Department of Homeland Security agents at the border didn't see the card itself, the researchers said. Another danger is that the tags can be read from as far as 150 feet away in some situations, so criminals could read them without being detected. Although the tags don't contain personal information, they could be used to track a person's movements through ongoing surveillance, they said.

Another danger is that hackers could cause EDLs to self-destruct by sending out a certain number, they said.

"It would be relatively easy for someone to read your passport card or EDL," said Tadayoshi Kohno, an assistant professor of computer science and engineering at the University of Washington.

Though there's no reason for panic, "Our hearts should start to beat a little faster," Kohno said. The risk to individual passengers is low, but the problems create systemic weaknesses in the border-crossing system, according to a summary of the report.

Retail, shipping and other businesses are increasingly using RFID tags as wireless bar codes that can contain more information than traditional printed ones. The growth of the technology is making the tools of RFID hacking more easily available, Kohno said.

In a cloning attack, a hacker could read the information off a card's RFID tag, either while the cardholder was passing by or as the official card reader was picking up the data. The attacker could then encode a generic RFID tag with that same data, Kohno said. With that newly encoded tag, someone could slip through the border by appearing to the RFID reader to have a legitimate identification card, as long as no one asked to look at the actual card.

By themselves, the RFID vulnerabilities don't mean someone will get away with cloning or other attacks, Kohno pointed out.

"In reality, the system involved in border crossings is much greater than just the technical aspect," Kohno said. For example, authorities are likely to interview drivers and passengers crossing the border and look at their identification cards, he said. They may also use other measures against card-cloning near border crossings.

However, Kohno and three fellow researchers believe there are mechanisms available for the RFID tags that the U.S. and Washington governments aren't using.

For example, each tag has two specialized numbers: an access PIN (personal identification number) and a kill PIN. (These are larger than bank-card PINs and aren't chosen by the cardholders.) The access PIN can be used to verify that a tag is legitimate and the kill PIN can be used to render the tag unreadable.

The access PINs are used on both the passport cards and the EDLs, but there are additional security measures that the researchers don't think authorities are using. For example, they could test the access PIN using information from a database, Kohno said. In addition, the kill PIN is not set up on the Washington EDLs, which could make them vulnerable to an attack that would make all such cards at a certain site unreadable, he said. Such an attack could cause a nuisance or undermine travelers' confidence, the summary said.

The researchers have given recommendations to both U.S. and Washington authorities, Kohno said.

Full-size U.S. passports, which are booklets instead of cards, aren't affected by these vulnerabilities because their RFID tags have cryptographic protections and the booklets have metallic covers that protect against snooping, the researchers said.

For self-protection, the researchers suggest consumers use the protective sleeves that come with both cards, which can help to prevent clandestine scanning. Travelers can also use the safer full-size U.S. passports instead. ..Source.. by Stephen Lawson (IDG News Service)

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Real ID -v- the States

January 2008:

Editor's note: A May deadline looms as just one flash point in a political showdown between Homeland Security and states that oppose Real ID demands. This is the last in a four-part series examining the confrontation. Today's installment is a set of frequently asked questions, or FAQ, that we hope explains how the Real ID law affects you.

The Real ID law is touted by Homeland Security officials as an anticrime and antiterror measure, but is steadfastly opposed by some state governments on privacy and sovereignty grounds. Computer scientists also have raised concerns about how its creation of a national interlinked database would work in practice. Keep reading for more on Real ID.

Q: When does the Real ID Act take effect?
On May 11, a little more than three months from now. But states like California that have agreed to comply and ones like Pennsylvania that have requested a deadline extension are not affected--driver's licenses from those states will continue to work for entering federal buildings and flying commercially.

Some states seem to have requested an extension as a tactical maneuver with little intention of ever complying. Washington and Idaho may fall into this category. A spokesman for Idaho Gov. C.L. "Butch" Otter told us: "We've asked for an extension, but we still have serious concerns and reservations about it and its future here is to be determined."

Q: Who's going to have trouble flying or entering federal buildings starting May 11?
Residents of the five states--Maine, South Carolina, Montana, Oklahoma, and New Hampshire--that have firmly rejected Real ID. Fifteen states and the District of Columbia have not decided yet, meaning they could fall into this category too.

Q: So if I live in Maine, South Carolina, Montana, Oklahoma, or New Hampshire, and I want to fly out of any U.S. airport starting May 11, what happens?
The Bush administration has not answered that question. The Transportation Security Administration referred our questions to the Department of Homeland Security. A Homeland Security spokesman told us: "That's an operational, ongoing issue at this point in time. We'll need to be a bit closer in."

One likely situation is that starting May 11, security checkpoints at all U.S. airports will have a Real ID and a non-Real ID line. Non-Real ID would be in the slow line, which Homeland Security predicts will involve "delays" and "enhanced security screening." (One official with the Portland International Airport even joked about a mandatory "full body cavity search.")

Q: Can I use a U.S. passport instead to get in the fast line?
Yes. If you don't have one, you'd better apply soon. The State Department estimates four to six weeks for processing.

Q: If I live in one of those noncompliant states, how do I access federal buildings, including courthouses, veteran's hospitals, Social Security offices, and so on?
At airports, at least, you can get in the slow lane and eventually get past security. There's no equivalent option for federal buildings that require ID: it appears that you'll simply be denied access unless you have a passport or military ID. (Remember, of course, that not all federal buildings require ID.)

Ironically, one option for federal agencies is to stop requiring photo ID completely. Another is to be liberal in what they accept as valid identification; you could always try your Sam's Club card or library card instead. Homeland Security already has relaxed supposedly strict rules about what ID is accepted at border crossings.

Q: Will the federal government issue more regulations about when I have to show a Real ID license?
Probably. One Homeland Security official told Congress last year that Real ID could be used for "reducing unlawful employment, voter fraud, and underage drinking." Another recently suggested that Americans buying cold medicines like Sudafed with pseudoephedrine could be required to show Real ID.

Q: Does Homeland Security have the authority to do that kind of expansion, or can only Congress expand Real ID?
Homeland Security has the authority. The text of the law says that, starting May 11, "a federal agency may not accept, for any official purpose, a driver's license or identification card issued by a state to any person unless the state is meeting the requirements of this section." Official purpose is defined to include "any other purposes" that Homeland Security thinks is wise.

The potential list of "purposes" could be long. Real ID could in theory be required for traveling on Amtrak, collecting federal welfare benefits, signing up for Social Security, applying for student loans, interacting with the U.S. Postal Service, entering national parks, and so on.

Q: What about buying firearms?
That's an open question. Homeland Security last month refused to rule out requiring Real ID for firearm purchases in the future.

When asked about requiring Real ID to buy a firearm, Homeland Security replied: "DHS will continue to consider additional ways in which a Real ID license can or should be used and will implement any changes to the definition of 'official purpose' or determinations regarding additional uses for Real ID consistent with applicable laws and regulatory requirements. DHS does not agree that it must seek the approval of Congress as a prerequisite to changing the definition in the future."

Q: Which presidential candidates voted for Real ID?
All of them who were members of Congress at the time voted for Real ID except Rep. Ron Paul, a Republican.

The vote in Congress was overwhelmingly in favor of the proposal, part of a broader government spending and tsunami relief bill that was approved unanimously by the Senate and by a vote of 368 to 58 in the House of Representatives. Sens. Hillary Clinton, Barack Obama, and John McCain voted for it.

Q: What kind of information about me is going to be stored on the Real ID card?
This hasn't changed substantially since our earlier FAQ published nearly three years ago. At a minimum: name, birth date, sex, ID number, a digital photograph, address, and a "common machine-readable technology" that Homeland Security approves. The card must also sport "physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes."

Q: Does "common machine-readable technology" mean RFID?
Not at this point. Homeland Security has said it is not requiring that states use RFID chips, or radio frequency ID chips, in Real ID licenses. Instead, what's required is a two-dimensional barcode called PDF417. Many states already print this or a similar barcode on their driver's licenses.

Q: Will the information about me on the PDF417 barcode, such as my home address, be encrypted to prevent a bank or a bar or any other business from swiping it and adding me to their database?
No. Homeland Security said it would be too much work "given law enforcement's need for easy access to the information." It is, however, "open to considering technology alternatives to the PDF417 2D bar code in the future to provide greater privacy protections," which could mean RFID chips in the future. U.S. passports already have RFID chips embedded.

Q: What kind of data will states share under Real ID?
Real ID will require states to share detailed information about anyone with a state ID card or driver's license, perhaps through a network called AAMVAnet, which the Department of Transportation is paying to expand in hopes of supporting the massive amount of data that will be exchanged. Databases owned by Social Security and U.S. Citizenship and Immigration Services will also be integrated. The idea is that this will allow documents such as birth certificates to be validated online.

Many of the details remain unclear because Homeland Security has not made final decisions, including about whether to build on top of AAMVAnet or expand a centralized federal database already used for commercial driver's licensing. Computer scientists and privacy advocates unsuccessfully urged Homeland Security to reject Real ID as "unworkable" because of the security and scalability concerns.

Q: If there's no encryption, is there at least a federal law saying that banks and bars and so on are prohibited from compiling databases of personal information based on Real ID licenses?
No. Some states like California and Texas have passed laws restricting the use of information from a swiped driver's license. But there is no federal law.

Q: I heard something about Homeland Security giving states more time to issue Real ID-compliant licenses. What is the absolute deadline for all of this to be finished?
To make Real ID more palatable to state governments, Homeland Security extended the final deadline beyond what the text of the statute says.

In the final rule released last month, DHS said the deadline for all states to comply would be December 1, 2017. Only states that can prove they are well on their way to implementing Real ID qualify for this deadline extension.

Q: What does this mean for me if I live in one of the states that will eventually comply with Real ID?
It's difficult to answer this question because state governments told us they haven't had enough time to digest the final rules that Homeland Security published last month.

In general, state motor vehicle agencies will be required to verify that you are who you claim to be, which could require that you provide additional paperwork and original documents. This could mean higher costs and longer wait times at the DMV.

Q: Why do we have Real ID, anyway?
It depends on who you ask. The Bush administration will tell you that it stems from the 9/11 Commission's suggestions, and it'll make the country safer. The administration will also point out that some of the September 11 hijackers had fake driver's licenses.

Critics respond by saying the September 11 hijackers could have just as easily boarded those flights using foreign passports. Another criticism is that Real ID licenses are tantamount to a national ID card, something unique in American history.

Q: What about religious objections?
Thousands of Americans do not have photographs on their driver's licenses or state ID cards, usually because of religious objections. Approximately a dozen states currently allow this, but Real ID does not. Therefore, those licenses without photos will not be valid for flying or federal buildings starting May 11.

Q: Is there any chance that the next administration or Congress will roll back these requirements before they kick in?
It's a little early to tell. Obama and Clinton have both expressed some concerns about Real ID, while McCain enthusiastically supports it.

Q: Is all this really going to happen? Or could Homeland Security change its mind?
Yes, it's possible that something could change. But neither Homeland Security nor the non-Real ID states show any signs of blinking. In addition, any legal changes would probably have to originate with Congress--where a proposal to amend Real ID has been stuck in a Senate committee since February 2007. ..more.. by Declan McCullagh

Related story The legislation behind a national ID
Read the full text of the Real ID law here.

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