Out of Control? The Real ID Act of 2005

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.

Security, Sovereignty, and Continental Interoperability

In an era of digital government, citizen-centric governance is a central aim, one that is often predicated on more efficient and responsive service owed, in large part, to greater digital connectivity internally (i.e., to share information in new manners), as well as externally (i.e., to gather information and reach out to citizens and stakeholders). Antiterrorism efforts accentuate this focus, albeit with a very different set of aims. Governments have been quick to establish new antiterrorism and homeland security measures that create new and expanded capacities for gathering, analyzing, and sharing information, both within governments and across governments and other sectors, notably the private sector.

Resisting Government Internet Surveillance by Participating in Politics Online and Offline

While more is probably known about the causes of political participation than any other political behavior, the research program suffers in that it generally assumes citizens operate within an unproblematic surveillance context. This chapter argues that the growing use of the Internet for political participation and the government’s expanded electronic surveillance capacities make this assumption increasingly dubious. Drawing on Michel Foucault’s insights concerning surveillance and resistance, I develop empirical hypotheses related to surveillance and Internet political participation. Testing these hypotheses using data derived from a unique probability sample survey of U.S. Internet users, surveillance is shown to influence online political activity. Those who oppose the current administration, and who perceive the government monitors their Internet behavior, participate in politics online at the highest rates. Next, I test whether perceptions of online surveillance lead to a similar higher probability of conventional offline political activity. The results suggest that for those opposed to the regime’s policies, online surveillance increases the likelihood of engagement in offline political participation.

Bush Administration Information Policy and Democratic Values

Bush administration information policy raises fundamental questions about the survival of democratic values in what is increasingly a surveillance society. After the terrorist attacks on the World Trade Center and the Pentagon in 2001, Bush administration information policy abandoned the transparency in government policies of the Clinton administration and the 1990s, moving the pendulum toward a policy of secrecy in government and massive classification of documents. From perpetuating core elements of the Congressionally-banned Total Information Awareness program to warrantless electronic searching on a mass basis to undermining provisions of the Freedom of Information Act, the Bush administration has sought as a matter of policy to curtail the democratic freedoms it purports to protect. A comprehensive civil remedies statute needs to be enacted in order to assure that citizens have a clear legal claim in litigation against the government when they suffer various forms of injury as a result of wrongful surveillance and intrusion into their privacy.

The Little Chip that Could

This chapter provides an overview of RFID (radio frequency identification) and the emerging use of the technology in the governmental sector. It examines the fundamental aspects of what RFID technology is, why there is a need for it, and how it is advantageous vs. present bar code technology. The chapter provides a look at how RFID is being used today, both at the federal and state/local levels of government. It looks at the major RFID initiatives being undertaken in the military and the governmental supply chain, as well as creative uses of the technology for improving public administration. The purposes of the chapter were to raise governmental executives and academicians’ understanding and awareness of RFID technology and to spotlight the technological, business, and privacy considerations that will be raised over the next decade with the advent of what has been described as nothing less than a “weird new media revolution.”

Information Technology and Surveillance

The Patriot Act of 2001 has introduced significant legislative changes impacting how public managers collect, disseminate, and evaluate information for decision making. The chapter describes the theoretical underpinnings of information gathering and decision making and argues that more information gathering and subsequent use of sophisticated information gathering tools serves as an important myth promoting greater legitimacy and confidence in the government’s ability to provide security to the citizens. The chapter suggests that the rational choice approach to security is limited in its ability to evaluate values that are embedded into the decision making processes. However, being cognizant of the nonrational rulings placed on technology-based policy initiatives, public managers can be guided toward “responsible values” to avoid the dark path of control, surveillance, and the loss of freedom.

Access to Information and the Freedom to Access

This chapter discusses two studies performed by the Library Research Center at the University of Illinois concerning the impact the terrorist attacks and the USA PATRIOT Act has had on the librarians and the patrons they serve. Results are compared with findings from a Pew Internet and American Life survey to analyze differences between library directors and the public at large. Together, these studies illustrate the chilling effect’s impact on libraries and their patrons, as well as question the fundamental freedom to read all ideas. Libraries in the North Atlantic region of the United States were far more likely to report changes in staff attitudes, collection development, and security and policy changes that were influenced by September 11 and the passage of the USA Patriot Act as compared to the rest of the country. This tendency could be reflective of many issues, but the libraries’ proximity to the terrorist attacks does seem to stand out. In addition to region, library size was also prognostic. The two surveys presented in this chapter clearly highlight the regional effects of the attacks over time and point to additional avenues of investigation. Continued research on library changes in response to the USA PATRIOT Act and terrorism needs to continue in order to understand better how American information habits are being both protected and compromised in today’s public libraries.

Less Safe

Since the terrorist attacks of September 11, 2001, there has been a tightening of public access. In response to perceived security threats, government agencies have taken information down from Web sites, curtailed or restricted access to electronic sources of information, broadened the interpretation of FOIA exemptions, created or augmented new categories of restricted information, and prohibited public access for critical infrastructure information. These policy responses have been based both on the perceived security threat and an inhospitable attitude toward open government on the part of the Bush administration.

Watching What We Read

Libraries in the U.S. have long been places of interest to government law enforcement agencies, and academic and public librarians have long sought to balance their commitment to the protection of privacy and intellectual freedom, with their desire to support legitimate requests for assistance from the government (Foerstel, 1991; Starr, 2004). In some instances, librarians have even gone to jail to protect the privacy of their patron’s records (Horn, 1994). To better understand the nature of this contact and its impact on the public’s privacy and access to information, the American Library Association’s Office of Information Technology Policy (ALA OITP) funded a study which included a nationwide survey of public and academic libraries and structured interviews with librarians and library leaders. The study confirms that federal, state, and local law enforcement have been visiting libraries as part of their investigations and that law enforcement activity has precipitated change in the policies and practices of public and academic libraries. Finally, the data from this study suggest that overall, the Patriot Act and similar legislation passed as a result of the September 11 terrorists attacks have had limited or very limited direct impact on academic and public library activities. Most libraries have not changed policies related to the retention of patron information, use of library materials including government information, or removed material from the library, nor has there been any significant change in library material usage. In those instances when changes did occur, reasons appear to be due to budget and financial matters rather than concern over requirements of the Patriot Act or other similar legislation. Another issue central to this discussion has been the degree to which the ALA should engage in significant lobbying efforts to change or modify the Patriot Act and related terrorist laws. The general sense that one receives is that the Patriot Act is “awful” from an abstract perspective, but “it doesn’t really affect my library or patrons as directly as budget cuts and other day to day concerns.” Librarians can’t afford to lose local support, so they do not become politicized over legal issues that may be quite abstract in the minds of their patrons or staff.

Expanding Privacy Rationales under the Federal Freedom of Information Act

Access to government information in a post-September 11 often involves the resolution of conflicts between privacy rights and the public interest inherent in information flow. On the one hand, information about any individual investigated by the government, or merely landing in an investigative file, might very well invade the privacy of the detainees by unduly stigmatizing them. In fact, such reasoning reflects a line of argumentation central to the federal government’s justification for denial of access: privacy interests, particularly the risk of stigmatization. This chapter reviews the origins and expansion of stigmatization as grounds for protection of information under the FOIA. Examination of several key post-Reporters Committee cases decided by the federal courts illustrates the scope of the problem, as stigmatization has gained a great deal of legal traction in recent years.