[HN Gopher] Do you need ID to read the REAL-ID rules?
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       Do you need ID to read the REAL-ID rules?
        
       Author : greyface-
       Score  : 104 points
       Date   : 2024-11-25 20:40 UTC (2 hours ago)
        
 (HTM) web link (papersplease.org)
 (TXT) w3m dump (papersplease.org)
        
       | dcminter wrote:
       | https://archive.is/paqb8
        
       | ezfe wrote:
       | While I completely agree that any individual should have access
       | to the laws and texts that govern us, I have a problem with:
       | 
       | > "Access procedures are especially critical with respect to this
       | proposed rule because 'the class of persons affected' - the
       | relevant category pursuant to 1 CFR SS 51.7(3), as quoted above -
       | obviously includes individuals who do not have ID deemed
       | compliant with the REAL-ID Act.
       | 
       | These laws "apply" to platform makers who are attempting to
       | create Real ID mDLs, not people who want a REAL ID in the
       | abstract. Someone without a REAL ID cannot get an mDL, regardless
       | of the text of these rules.
        
         | Glyptodon wrote:
         | Someone (with or without ID) may very much suspect that there
         | are legal issues with gating any federal or governmental
         | behaviors behind real ID, or not allowing open source Real ID
         | mDLs or various similar things.
        
         | ethbr1 wrote:
         | 1 CFR SS 51.7(3) [0] is laying out the requirements by which a
         | reference is eligible for being included in rulemaking?
         | 
         | The 5 U.S.C. 552(a) [1] it modifies notes that _" Except to the
         | extent that a person has actual and timely notice of the terms
         | thereof, a person may not in any manner be required to resort
         | to, or be adversely affected by, a matter required to be
         | published in the Federal Register and not so published."_
         | 
         | Which seems to be a pretty broad definition of affected person.
         | 
         | I'd certainly consider myself to be affected if in order to
         | avail myself of one option of TSA identification for air travel
         | I had to use an app that did... (reference not openly
         | available)
         | 
         | [0]
         | https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-...
         | 
         | [1] https://www.govinfo.gov/link/uscode/5/552
        
         | akira2501 wrote:
         | These laws "belong" to the citizens. If the government is not
         | applying it's rules correctly who is there to monitor that? Do
         | I not have that _basic right_?
        
       | munchler wrote:
       | I really admire these folks for standing on a worthy principle. I
       | also dig the performance art vibe of showing up at the TSA
       | headquarters without an ID to read a deeply nested tree of paper
       | documents about IDs. If you're going to joust windmills, these
       | are some good windmills to joust.
        
         | changoplatanero wrote:
         | Why does the TSA building itself need so much security? Are
         | they expecting it to be the target of an attack?
        
           | emilamlom wrote:
           | Well, they are the best at security theater, so it makes
           | sense their headquarters is too.
        
           | echoangle wrote:
           | Is that surprising? It's a federal agency representing the
           | security apparatus of the US. That's a good target for
           | terrorism.
        
             | A4ET8a8uTh0 wrote:
             | To be honest, I am genuinely surprised an attack never
             | materialized. But then I also remember mentioning my
             | thoughts on the matter to my wife, who was aghast that I
             | would even consider such a scenario. Maybe, on average,
             | people are actually decent and it is people like me, who
             | come up with weird hypotheticals.
        
               | harrall wrote:
               | ~60 airplane hijackings per year in the 70s.
               | 
               | Now it's down to <4 per year.
               | 
               | https://ourworldindata.org/grapher/airliner-hijackings-
               | and-f...
        
           | woodruffw wrote:
           | Depending on your perspective on security theater, it might
           | be appropriate to observe that a TSA building as _exactly as
           | much_ security as the TSA is capable providing itself.
        
       | ethbr1 wrote:
       | Kudos to Mr. Hasbrouck, who I assume is the narrator, for putting
       | feet to ground to demonstrate the lack of open access to
       | executive branch law.
       | 
       | You can't have a law, and also keep it secret.
        
         | CamperBob2 wrote:
         | If there's any one lesson to draw from the last several years,
         | it's that the executive branch can do anything they goddamn
         | well please.
        
       | freedomben wrote:
       | > _These mobile driver's licenses (mDLs) will be issued by state
       | driver's license agencies, but the standards incorporated into
       | the TSA rule require that they be deployed through smartphone
       | platforms (i.e. Google and /or Apple) and operate through
       | government apps that collect photos of users and log usage of
       | these credentials._
       | 
       | This is really disturbing in a number of different ways. It's bad
       | enough to have the government requiring you to have a government-
       | approved smart phone, but on top of that it's the logging and
       | data analysis wet dream that authoriarian governments the world
       | over could have only dreamed of.
        
         | miohtama wrote:
         | It's not a dream. China and India have been doing it for a
         | while.
         | 
         | Discussed earlier
         | 
         | https://news.ycombinator.com/item?id=41608810
        
         | Spooky23 wrote:
         | Even worse, the whole thing is a cash cow for Idemia and a
         | couple of other companies, who probably alt wrote the secret
         | rules to benefit their company and prevent competition.
        
         | A4ET8a8uTh0 wrote:
         | It gets worse. In US most of the bigger corps institute some
         | sort of means to authenticate you via cellphone, which means
         | that if you want to be remote, phone is effectively a necessity
         | ( which one usually does ). Only a year ago, it was still
         | possible to avoid having to have a cell ( although that meant
         | you had to be in person -- an interesting trade off in itself
         | ).
         | 
         | Anyway, I hate the now.
        
           | henryfjordan wrote:
           | Work with your IT dept.
           | 
           | A company I previously worked for had a policy that if you
           | had any company data on your phone, they had the right to
           | force you to unlock it and look through it (not sure if they
           | ever actually did but it was in the employee handbook). When
           | IT tried introducing a system that required me to Auth with
           | my phone I refused, citing the policy, and they helped me
           | setup a workaround Yubikey.
           | 
           | Might not be possible everywhere but worth a shot. Also
           | always helps to make friends in IT.
        
           | TeMPOraL wrote:
           | At my last workplace, I somehow managed to get away with only
           | Microsoft Authenticator on my phone, with no actual remote
           | management capabilities enabled. That's pretty much exactly
           | where I draw the line: if I _have_ to have a device to
           | perform work functions, the workplace needs to supply it. I
           | 'm not going to put work data on my personal machines, and
           | I'm _definitely_ not letting a third party root my phone for
           | me  "for sekhurity", and apply _work_ policies on my
           | _personal_ device. I 'm okay with work 2FA on my phone, but
           | only without MDM, as an exception for where otherwise there's
           | no reason for me to have a work phone.
        
         | crazygringo wrote:
         | > _It 's bad enough to have the government requiring you to
         | have a government-approved smart phone_
         | 
         | The government isn't requiring that.
         | 
         | It's not forcing you to get a mobile ID.
         | 
         | Your physical ID continues to be just fine. Mobile device ID's
         | are simply for people who want the convenience of not carrying
         | the physical one.
        
           | philistine wrote:
           | Think long-term. In 40 years, when the last paper IDs are
           | discontinued, we'll all be tracked, but the time to complain
           | was now.
        
           | SuperNinKenDo wrote:
           | Until they aren't.
        
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       (page generated 2024-11-25 23:00 UTC)