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The next terrorist attack may also catch the nation unaware particularly if it uses another novel or unanticipated approach However, three factors make extensive surveillance potentially worthwhile:
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The possibility that ancillary modalities (for example, how operations are financed and supported, how operatives are recruited and kept on track) may be repeated from one attack to the next The likelihood that the authorities, having been surprised once, will be entertaining a much more varied set of templates against which to evaluate any warnings or clues The likelihood that the authorities tracking of non-citizens major movements and critical activities could be helpful for any post-event (or after-the-fact) analysis
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However, if US citizens perpetrate the next such terrorist attack or are the ones called upon to help foreigners with such an attack, the benefits of surveilling only non-citizens would be largely ineffective Although US citizens have been involved in terrorism, foreign terrorists remain the primary concern Aside from the above, one immense operational problem of conducting extensive surveillance of non-citizens has to be addressed The kind of national identification system needed to track non-citizens can be easily evaded if noncitizens can credibly claim to be citizens Non-citizens bent on terrorism would be incentivized to do just that (credibly claim to be citizens) and could do so fairly easily because there are relatively few circumstances in which Americans have to show a government issued identification Although people are asked to show some form of government-issued identification before they board a plane or after they are pulled over in a vehicle by the authorities, the quality of such identification varies widely (for example, exploiting a now closed legal loophole, many hijackers procured Virginia driver s licenses with a minimum of valid information) So any foreign terrorist wishing to escape scrutiny once inside the US need only acquire one, or better yet, multiple driver s licenses, which can be easily obtained from a corrupt DMV official or mass produced by a forgery artist Armed with these fake ID documents, the foreign terrorist escapes scrutiny because he is using his forged driver s license for identification purposes Because of this reality, it would be pointless to ask for hard identification only from foreigners, without asking for equally hard identification from everyone else (meaning, Americans) Thus, establishing an extensive surveillance and identification system for non-citizens present in the US would not be that helpful since foreign terrorists will evade the surveillance and identification system by masquerading as Americans with (fraudulent) driver s licenses To be effective, a similar system of surveillance and identification is required for citizens (and non-citizens) that is a national ID system
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19: Biometrics and the Feasibility of a National ID Card
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The remainder of this chapter examines whether a national ID system is feasible That is, can one envision a national identification system that contributes to the fight against terrorism and crime; proves technologically feasible and hard to defraud; remains consistent with our legal and political values; and yet has built-in protection against potential abuses This chapter does not argue that there must be a national ID system Such an argument would have to establish that the data collected through surveillance and identification would be worthwhile, and would establish by appealing to some set of values that the gains in domestic security, factoring in both good and bad side-effects, are worth the loss in civil liberties At best, this chapter only examines the feasibility of such a national identification card system and its ability to maximize its utility for certain domestic security and minimize some of its less desirable effects or loss of civil liberties A system may meet all such tests and be judged, on balance, undesirable or unaffordable We will not attempt to assess the legality of a national identification card system in all of its particulars Those wanting a rich analysis of the constitutionality of national identification card schemes will have to look elsewhere There are reasons to believe a national ID system would not be illegal, although it may not necessarily be constitutional to compel individuals to provide some of the information that could be considered pursuant to a national identification system (for example, requiring citizens to produce their national ID cards on a police officer s random demand; requiring citizens to provide DNA samples from their bodily fluids) That said, a few words on the subject of privacy, discussed elsewhere in this book, are in order because many objections to national identification systems are based on privacy grounds The concept of privacy fuses two separate, if related, ideas The first idea, long recognized by law and society, is the general right of individuals to keep certain of their words and acts private No one should know about the individual s private words and private acts except other people to whom the individual has deliberately revealed them Such people are likely to be known to the individuals beforehand; in any case, the individual makes the decision to entrust a person with his private words or acts Thus, human nature being what it is, some people can keep a secret and some cannot Alice tells Bob in confidence about her innermost thoughts, Bob promptly blabs to Carol And as the previous chapter makes clear, privacy gets legally complicated because the word privacy, like the phrase national identification card, is nowhere to be found in the text of the US Constitution, leading the US Supreme Court and others to construe its meaning The second idea, which is clearly not so protected by law, covers the conversion of local information into global information Local information reveals what takes place in public and, potentially, in front of strangers Global information is that information which is made available to all With specific exceptions (for
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