In mid-June Rep. Sam Rohrer issued a press release (below) that challenged the Rendell administration’s assertions that PennDOT is “merely looking at technology” like REAL ID.   Rohrer claims that the conversion of driver photos to biometric data is well-underway in Pennsylvania, despite no authorization, or even debate, by the legislature.

Rendell's administration claims that sitting for a photo is consent.  Will it be consent if next time they can sense and record fingerprints, retinal images, illegal drug use, even DNA-type information, etc. just by sitting down for a picture?

I urge everyone to contact their state rep and senator and strongly object to this action by the administration and PennDOT.  The legislature isn’t doing its job as it is letting the administration set policy without authorization, let alone input, by the legislature.

Mark

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Rep. Samuel Rohrer
128th District
Pennsylvania House of Representatives
(610) 775-5130
(717) 787-8550
SamRohrer.com

Contact: Ty McCauslin
House Republican Public Relations
(717) 772-9979

FOR IMMEDIATE RELEASE

June 19, 2008

Rohrer Responds With Point-for-Point Rebuffing of Rendell Administration’s Suspect REAL ID Implementation Denials

HARRISBURG—Following up on his Monday morning press conference where both Governor Ed Rendell and PennDOT were publicly confronted regarding their controversial actions to begin implementing Real ID driver’s license technology and collecting biometric faceprints, Representative Sam Rohrer (R-Berks) today cited Rendell spokesperson Chuck Ardo’s attempted denial as further proof that the administration is moving full speed ahead without legislative approval or public knowledge.

Rendell spokesperson Chuck Ardo: “Penn DOT is merely looking at technology that might help them make Pennsylvania driver’s licenses more secure.”

Rohrer: This argument is utterly false and completely contradictory, as both the Rendell administration and PennDOT have confirmed through their correspondence that they began this “biometric technology experiment” in 2006 and are now actively collecting and warehousing this uniquely sensitive data via the photos of all new and renewing Pennsylvania drivers license applicants without their knowledge or consent.

Most notably, Monday’s press conference exposed the unauthorized $45 million two-year state contract with privately owned Viisage Technology to create facial recognition templates from Pennsylvania driver’s license photos. Initiated under the guise of eliminating duplicate licenses, the personal biometric information of all new and renewing Pennsylvania drivers’ license applicants is already being stored in a database updated by Viisage.

Rendell spokesperson Chuck Ardo: “When Pennsylvanians sit down for their license photos, by implication, they are giving the state permission to use that photo for identification.”

Rohrer: While a driver’s license is used for identification purposes, it is not to be used for the purpose of collecting and storing your personally-owned biometric data. Furthermore, neither PennDOT nor Viisage (L-1 Identity Solutions) possesses the statutory exemption to collect this data. Mr. Ardo also fails to explain how the governor and PennDOT have not overstepped their constitutional authority by entering into a tax-payer funded $45 million contract unilaterally granting Viisage the ability to collect the personal data or high-definition faceprints of Pennsylvania citizens without first obtaining legislative approval.

Sitting for a normal photograph does not involve biometrically mapping the planes of your face in order to create a specific identification, which can be linked (and is in limited circumstances) to surveillance cameras. There are other, less constitutionally-suspect means to securing driver’s licenses and this does not include the collection of personal biometric data.

In conjunction with Reps. Gordon Denlinger (R-Lancaster), John Siptroth (D-Monroe/Pike), Babette Josephs (D-Philadelphia) and Tom Yewcic (D- Cambria/Somerset), Rohrer has exchanged written communication with the governor over the past several weeks to urge both the administration and PennDOT to cease and desist with any further collection or conversion of Pennsylvanians’ biometric data.

Rendell spokesperson Chuck Ardo: “PennDOT face print technology predates the debate over the REAL ID Act.”

Rohrer: While PennDOT has been contracted with Viisage since 1999 (entered into under the previous administration), the May 2006 Supplement C portion of the contract, was entered into under the direction of the Rendell administration and specifically refers to the REAL ID requirements.

Furthermore, the lawmakers urged PennDOT to convert all currently stored database images to a non-biometric standard which is sufficient for personal identification and verification and, most importantly, does not infringe upon significant privacy and other related constitutional interests directly linked to the current FaceEXPLORER driver identification program.

Rendell spokesperson Chuck Ardo: “Only those with reason to be concerned should be concerned.”

Rohrer: Neither the administration, PennDOT, nor Viisage has the authority to use the FaceEXPLORER program to map a citizen’s face from a driver’s license photograph, regardless of an individual’s level of concern.

To avoid raising further public suspicion and additional embarrassment, it is incumbent upon the Rendell administration to re-check their facts before questioning our information. This is the perfect opportunity for all of us to re-read the Federal and Pennsylvania Constitutions and pay careful attention to the very specific language that ensures the right for every citizen to be secure in their person and their property, which unauthorized collection of biometric data clearly violates.

Touted as a counterterrorism measure by the 9-11 Commission, President Bush signed into law the REAL ID Act of 2005 to establish national standards for state-issued drivers’ licenses, require all motor vehicle departments to keep copies of personal identity documents and force states to link their databases of individual driver information both nationally and internationally.

With the strongest REAL ID repeal language introduced in the nation to date, immediate passage of Rohrer’s legislation (House Bill 1351) would strictly prohibit the governor, the Department of Transportation or any other state agency from complying with any:

1. Provision of the REAL ID Act of 2005, or the provision of any other federal law, regulation or policy that requires compliance with the REAL ID Act of 2005.

2. Federal law, regulation, or policy that would compromise the economic privacy or biometric data for any Pennsylvania resident.

Finally, House Bill 1351 would grant either the governor or the state attorney general the authority to file an action in the appropriate court of jurisdiction to challenge the constitutionality or legality of the REAL ID Act of 2005.

For more information, view Representative Rohrer’s special REAL ID Alert newsletter at SamRohrer.com.