March 14th,2010

Health Care Bill Creates National ID Program

Wire Report

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Jim Harper, Director of Information Policy Studies
Jim Harper, Director of Information Studies

As director of information policy studies, Jim Harper focuses on the difficult problems of adapting law and policy to the unique problems of the information age. Harper is a member of the Department of Homeland Security’s Data Privacy and Integrity Advisory Committee. His work has been cited by USA Today, the Associated Press, and Reuters. He has appeared on Fox News Channel, CBS, and MSNBC, and other media.

His scholarly articles have appeared in the Administrative Law Review, the Minnesota Law Review, and the Hastings Constitutional Law Quarterly. Recently, Harper wrote the book Identity Crisis: How Identification Is Overused and Misunderstood. Harper is the editor of Privacilla.org, a Web-based think tank devoted exclusively to privacy, and he maintains online federal spending resource WashingtonWatch.com. He holds a J.D. from UC Hastings College of Law.

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CATO- Thanks to the push for a more transparent Congress, we’re getting a better look at what new health care regulations might shape up to be. Alas, not a very good look: with weak justifications, the Senate Finance Committee is working on a strange “plain language” description of the bill, and apparently not planning to read or release the final language1.

I’ve found something worth noting, though, in each of the bill versions I’ve seen. The Senate Finance Committee’s Rube Goldberg plan for health care in America has a provision establishing paragraph talking about “Eligibility Verification.”

If you want to access the “state exchanges” or collect the federal tax credits created by the bill, your eligibility will have to be verified. Here’s what it says:

 

Eligibility Verification. In order to prevent illegal immigrants from accessing the state exchanges or obtaining federal health care tax credits, the Chairman‘s Mark requires verification of the following personal data. Name, social security number, and date of birth will be verified with Social Security Administration (SSA) data. For individuals claiming to be U.S. citizens, if the claim of citizenship is consistent with SSA data then the claim will be considered substantiated. For individuals who do not claim to be U.S. citizens but claim to be lawfully present in the United States, if the claim of lawful presence is consistent with Department of Homeland Security (DHS) data then the claim will be considered substantiated. Individuals whose status is expected to expire in less than a year are not allowed to obtain the tax credit. Individuals whose claims of citizenship or lawful status cannot be verified with federal data must be allowed substantial opportunity to provide documentation or correct federal data related to their case that supports their contention.

CHAIRMAN’S MARK
AMERICA’S HEALTHY FUTURE ACT of 2009
Page 27


Translation: Every American who wants to access a “state exchange” or get the tax credits in the bill would have to submit data about themselves to the Social Security Administration or Department of Homeland Security for verification. If you don’t do it, no exchanges or tax credits. If your data doesn’t match, no exchanges or tax credits, unless you can convince SSA or DHS bureaucrats that you are who you say you are.

If you’re one of the millions of people about whom the Social Security Administration has bad data, plan to spend long hours waiting in line to plead with indifferent federal bureaucrats for health care access. When attacks and complications on the verification system break down, they’ll move to “strengthen” the system. Get ready to dig up your birth certificate—they’ll want to scan it into their computers—plan to be photographed and fingerprinted, and get ready to stand in line for your national ID card.

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Source(s): 1Washington Examiner “Congressional leaders fight against posting bills online” by: Susan Ferrechio, Published Oct. 6, 2009

Government Mandated RFID Documents Vulnerable to Identity Theft say Privacy Watchdogs

Allison Bricker

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This past June 1st, the Federal government’s new mandatory passport rules went into effect for all Americans traveling to or from Mexico, Canada, Bermuda, and the Caribbean1. Thanks in large part to heavy lobbying by the Department of Homeland Security (DHS), the new passports and several state drivers licenses now include an embedded RFID chip incessantly broadcasting a unique identification number.2

Unfortunately and unbeknownst to many holders of the “state-of-the-art” mandatory government  documents, the unique identifier can be intercepted almost effortlessly by any third party without the holder’s knowledge or consent. The practice, known as skimming, raises the specter not only of identity theft, but also provides the skimmer with the ability to track individuals in real time, whether on the street, in their home, or at their workplace.

Privacy advocates including those in the embedded chip industry continue to sound the alarm over the relative ease in which the chip’s integrity may become compromised. Moreover, groups such as the ACLU point out that RFID originally gained commercial viability after its implementation for use in tracking cattle. They and other privacy advocates express concern over possible similar implications for individuals in the near future as the technology continues to miniaturize and tracking satellites become more sophisticated.3

However, the DHS is quick to counter complaints against the ubiquitous RFID system stating that:

“It [RFID] is not to identify people, but to verify that the identification document holds valid information about you.”4

Mary Ellen Callahan
Chief Privacy Officer
Department of Homeland Security

Nevertheless, the agency’s own draft report5 from 2006 indicates that RFID chips:

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In fact to demonstrate the ease of which RFID chips are vulnerable to clandestine interception, white hat hacker, Scott Padget filmed himself this past February and posted his results onto YouTube. Using his laptop and for less than $250.00 in additional equipment, Mr. Padget captured the unique RFID broadcasts from several unwitting pedestrians on the streets of San Francisco all within about an hour.

Currently the states of Texas, Arizona, Vermont, New York, Washington, and Michigan already include RFID chips within newly issued drivers licenses, with DHS also continuing to lobby for further expansion of the chipped identification cards in to non-border states. At the forefront of this further expansion, sits SENATE BILL 1261 “Providing for Additional Security in States’ Identification Act of 2009″ (S.1261 PASS ID Act 09).

dr_katherine_albrecht_quoteThe Senate bill sponsored by Senator Daniel Akaka (D-HI) seeks to have the federal government reinsert many of the standards for drivers licenses which after public outcry, were removed from the REAL ID Act. Included among the Orwellian provisions, a digital facial recognition compatible photograph for use with both domestic and international databases such as the AAMVA and the United Nations International Civil Aviation Organization6 (IACO). S.1261 currently resides in the Senate Homeland Security and Governmental Affairs Committee chaired by Senator Lieberman and which Senator Akaka is also a member.

Critics of S.1261 such as Mr. Mark Lerner of the “Stop REAL ID Coalition” fear that the ability to immediately surveil individuals and match their face to a name via a centralized database may be used to squash political dissent on a variety of issues from torture, the FEDERAL RESERVE, and/or our nation’s continuing interventionist foreign policy.


Source(s): 1U.S. Department of State “Western Hemisphere Travel Initiative”2 Department of Homeland Security “Enhanced Drivers Licenses: What Are They?”3 ACLU “Don’t Chip Our Rights Away” 4 Associated Press “
Chips in official IDs raise privacy fears” by Todd Lewan, published July 12th, 2009
5 DHS “”The Use of RFID for Human Identification” (2006)6United Nations News Center

Are you a Domestic Terrorist? Take the Fun Quiz by DHS and find out Now!

Tarrin Lupo

How easy is it for you, your family, and friends to now be labeled a domestic terrorist? Take the fun quiz and find out if you are now an enemy of the state. I also discuss what you can do if you are in fact a “domestic homegrown radical” as defined by the Federal government.  Can you now be jailed indefinitely without even a trial? We answer all these questions and also solicit the hosts of Free Talk Live for their opinions in the video that follows.

 


Further Reading… (to help decide if you too might be an “enemy” of the state)

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Customs and Border Patrol Operating “Constitution Free Zone” Checkpoints

Allison Bricker

In yet another nightmarish “can’t happen here” scenario, American citizens are being stopped as far as 100 miles in from the border, being forced into warrantless searches, forced to present their government identification for inspection and recorded for 15 years.1 The Customs and Border Protection may stop Americans for any reason at the sole discretion of DHS agents. Resistance will most likely end up with you being added to yet another vague boogey-man watch list.

This power originally granted decades ago went largely unused, until we entered the soundbite forever burned into our generation’s mind; “a post 9/11 world”. After September 11th and upon the creation of Department of Homeland Security, DHS split the now defunct Immigration and Naturalization Service into two agencies: U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP).2

This border zone is actually a 100 mile swath, legislatively defined, that wraps our entire country. According to the most recent data from Government Accountability Office3, CBP utilizes 33 permanent checkpoints supplemented by an undisclosed number of “tactical mobile” checkpoints.

Harassment of average American citizens has become so wide spread in the Southwest quadrant that attorneys of the ACLU are currently preparing lawsuits demanding a restoration of our inherent rights as enshrined into the Constitution and an end to warrantless searches.4

Furthermore, using 2007 Census Bureau numbers the ACLU has calculated that nearly 2 in 3 Americans live within this 100 mile swath. Below is a map illustrating the “Constitution Free Zone”.5

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EDITORIAL: It does seem important to this blogger that “We the People” remember the rights in our Constitution and Bill of Rights are ours simply by our birth; ours merely by taking our first breath on this little blue marble. They are not a negotiated benefit from government. If we are not persistently purposeful in reminding both ourselves and government to this fact, they will continue to attempt to undermine our liberty at an ever increasing rate.

I know not what choice others may make, but I would rather die on my feet than live on my knees.

Respectfully Yours in Liberty,

Alli

Source(s): 1Washington Post – “Citizens’ U.S. Border Crossings Tracked”2 Miami Herald – “INS Down to Last Hours”3July 2005 GAO – Available Data on Interior Checkpoints Suggest Differences in Sector Performance4The Raw Story – “ACLU highlights ‘Constitution-Free Zone’ 100 miles from border”5 ACLU Website