Contributed by Pamela Goode
The completion of the REAL ID Alaska driver's license project, which started in 2014, will be ready for its final stage, and only volunteer portion, starting January 2, 2019. My advice, “Just say no”.
When using the scenario on how to boil a frog alive… this is your last chance to get out of the water, take a stand and help make a difference. At one time, the scream from Alaskans on the REAL ID was heard so loud and clear by our legislators, in 2013 statutes were written to forbid funding of any part of its implementation. For advocates, the only option remaining was to sneak it in progressively using the Department of Motor Vehicles (DMV) and the tactic, “what the people don't know won't hurt them”. This is exactly what happened. Five years later, few are still screaming, the legislature has grown deaf with some fanning the flames, the REAL ID is here, and a line now forms to jump in and get boiled.
Here is what happened. Remember when the so called, REAL ID “choice” was going through the Alaska legislature in 2017? It was repeatedly stated that there would be a crisis if this was not passed, and it needed to happen a.s.a.p.! Federal institutions were requiring the REAL ID or passports and there was not enough time for workers to get their passports. These Federal requirements were only months away. Workers would not be able to get to work on federal institutions! Fear tactics again were being used and again rewarded. The Alaska REAL ID bill passed when the language was shoved in another very popular bill, HB16 in 2017. Yes, trickery was used to make it happen. Be mindful that the REAL ID cost all Alaskans $1.5 million to implement, on top of what was already being funded via DMV, with the new Alaska Driver's License (DL).
In 2005, the REAL ID Act passed in congress, hidden deep in a National Defense Authorization Act (NDAA) bill. The REAL ID Act violates the US Constitution, 4th Amendment and AK Constitution, Article 1 Sections 14 and 22 (Right to Privacy). Alaska strongly resisted by passing legislation in 2013, HB69, which states no funds will be used implementing the REAL ID Act. As with most federally driven agendas, if it can't be accomplished by walking through the front door, they'll use the back door.
In 2014, the DMV started issuing the "New Alaska DL". The DMV even sent out a notice to ALL Alaskans stating this new DL was “not the REAL ID.” That should have been our first clue that something was not right. Later that year, I went into the DMV and the assistant mentioned that their job became more difficult with the REAL ID. That caught my attention and I stated we were told it was not the REAL ID. All I saw was fear in this person's eyes and the conversation was immediately over. I thought it was odd behavior and paid little mind, but never forgot the situation either.
In 2015, things changed. That is when I found out the DMV was using facial recognition photographs for these new DLs. This was brought to my attention when my husband was asked to take off his glasses when renewing his DL because the “facial recognition software” was not acknowledging it was him. After that, I then began my 1.5 year long effort to get this resolved.
I soon shared my findings with the legislature, and a few of them specifically, that this was not only being done, but being done without the knowledge and consent of the people. I also shared with them where the data was going and to whom. To my surprise, they did, and continue to do, nothing but help usher this program into place. More offensively, they have chosen to continue to violate their oath of office. This is unequivocally a violation of constitutional protection, which they took an oath to uphold and defend.
At the time, the actions by DMV were in clear violation of statute (laws broken) which also concerned no one. This statute stated at the time... Sec. 44.99.040. Limitation on use of assets. A state or municipal agency may not use or authorize the use of an asset to implement or aid in the implementation of a requirement of… (2) P.L. 109-13, Division B (REAL ID Act of 2005).
When this information and my concerns were elevated to the attention of the legislature and Governor, these were the individuals in charge and responsible. Walker was Governor, Dunleavy was my Senator and Chair of Senate Finance Subcommittee over Administration, Gattis was Chair of House Finance Subcommittee over Administration, Colver was my Representative, Sheldon Fisher was Commissioner over Administration, and they all chose to do nothing. Administration is the agency over DMV.
I took my concerns to the last step outside the court system and filed a complaint with the ombudsman. Almost a year later, I received my letter from the ombudsman, stating they could not help me, or anyone else, and suggested I find a legislator to submit an audit, to determine if funds had been spent implementing the REAL ID. Note: An ombudsman is not allowed to reference the Constitutions they have taken an oath of office to uphold, only statutes. The letter received was dated the exact date of Governor Walker's press release, October 11, 2017, with his proposed legislation to implement the REAL ID ACT with a choice. It stated, “Governor Walker’s proposed legislation will allow the DMV to issue both REAL ID Act compliant and non-compliant identification cards and driver’s licenses – giving Alaskans a choice.”
Absent of the knowledge and details of this program, most Alaskans believe the facade. The fact and point is, there is no choice to avoid the violations being imposed on the people and never has been. The data necessary for this program is being taken without consent. If one refuses the Facial Recognition (FR) Photograph, they do not receive a DL. If one drives without a current DL, regardless of a spotless driving record, they are considered a criminal and can go to jail. (Pre SB91) Law enforcement is used to force the data collection. This is exactly why the federal government chose the state DL programs to implement the REAL ID Act, most people drive and have a DL with a photo ID. FR photos are the crème-de-crème of identification. This is not conspiracy, this is fact. Ask a law enforcement officer.
It was stated, in one of the hearings held on this House Bill 74 (REAL ID bill) by the Alaska DMV personnel, that all the data needed for the REAL ID, DMV currently has acquired via the new Alaska DL. The only thing required is this legislation and the funding ($1.5 million) approval to pay for the “portal” to connect the Alaska database with the Federal database. No new data collection will be required. The other important ingredient is “your consent”. Once you sign up, those violations are null and void.
Remember this is a progressive program. Progressive meaning the only progress made is that which the people are willing to accept at any given time in a direction they don't want to go.
The only mechanism to stop this is the people's resistance and non-compliance, and “most importantly” to not re-elect those who have violated their oath and our trust. I recommend Passports and renewing your DL “online” forcing the government to use the low-resolution photo they have on file.
With Dunleavy as the new governor, I am hopeful this will be resolved promptly and properly. His leadership is essential in making this happen and I am confident Alaskans will see positive results.
