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This article will detail why SB1070 threatens the liberty of all citizens.  SB1070 is the symptom of a disease threatening all citizens.  The federal government has and is failing on several fronts including dealing with illegal immigration.  The states and specifically the state of Arizona is the victim of a knee jerk reaction to the federal government’s failures.  This article will put SB1070 in the context of what the federal government wants which is any and all information about each citizen.  In this article you will read about an alternative solution to SB1070 and federal laws including the Real ID Act 2005.  Keep in mind that information is power and currently only the federal government is collecting information.  The information the federal government is collecting is your information and it is being shared with international law enforcement agencies and foreign governments at the discretion of the federal government.

The purpose of SB1070 is to identify people in our country, specifically Arizona, illegally and insure those people are sent back to their country of origin.

It is time to consider the following facts:

E.  Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:

1.  Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.

2.  Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.

6) At what point will the states stop relying on the federal government to accomplish what the states can do for the most part without the reliance on the federal government?   The federal government has made no secret of its intention to compile as much information about each citizen as possible.  This includes your biometric samples and data.

6A)  The federal government wants the personal information of Americans either through direct electronic access or indirect access.  Currently the "federal government" has much of our personal information already.  The fact is "that information" is spread out over many departments and agencies of the federal government.  DHS wants a more centralized system and thus we have witnessed the Real ID Act 2005 and now the PASS ID Act.

Because the standards for both Real ID and PASS ID are the adopted standards of two international organizations, AAMVA (American Association of Motor Vehicle Administrators-An international organization by their own admission that currently includes the provinces of Canada and the states and territories of the United States and the ICAO, the driver's license would become not simply a national ID but more accurately an international ID.  International standards are only used to facilitate global information sharing.  U.S. citizens should know that their federal tax dollars were used to provide states with grant money in order that the districts of Mexico are added to AAMVA’s jurisdiction. http://www.constitutionalalliance.org/index.php?option=com_content&view=article&id=22&Itemid=16 AAMVA wants a single jurisdiction of the United States, Canada and Mexico.  It was no accident this single jurisdiction concept began in 1994 when the NAFTA treaty was signed.

The following comes from a February 2006 GCN (Government Computer News) article:
(Mocny/DHS) said, 'We have a responsibility to make a Global Security Envelope that would coordinate information policies and technical standards.]'

Mocny conceded that each of the 10 privacy laws currently in effect in the United States has an exemption clause for national-security purposes. He added that the department only resorts to its essentially unlimited authority under those clauses when officials decide that there are compelling reasons to do so.

In a 2007 article with the same publication Mocny stated "We're starting the process of biometrifying [sic] a good proportion of the world population."  Robert Mocny also stated that “information sharing is appropriate around the world, and DHS plans to create a “Global Security Envelope of internationally shared biometric data that would permanently link individuals with biometric ID, personal information held by governments and corporations.”

Robert Mocny of the same DHS that has stated nearly all Americans are potentially domestic terrorists.  Under Real ID, the Secretary of DHS is given the authority in the "Official Purposes" section to add restrictions at his or hers own discretion.  Real ID currently restricts entrance to a federal facility, flying on a commercial airliner or entering a nuclear facility.  Tomorrow we could see restrictions on purchasing weapons, ammunition or even prescription drugs.  This kind of unfettered authority is unacceptable.

In Mocny's statement we see that DHS can decide when to ignore our privacy laws.  He never mentions consulting with Congress or even the President for that matter.

SB1070 does embolden the federal government.  States should not and must not depend or rely on the federal government when the states themselves can go a long way towards resolving the issue of citizenship.

The federal government wants birth certificates digitized and we agree.  We go one step further and believe all birth certificates must be numbered starting with the two letter abbreviation for each state.  Once a birth certificate is presented to acquire a driver's license or other form of identification the birth certificate number would go into databases as active.  If anyone else attempted to use that same numbered birth certificate the "system" would show that birth certificate had been used previously to obtain an ID document or driver's license.  At that point it would be very simple to determine if someone was attempting to use another person's birth certificate or if a person was using a birth certificate that was not in the "system".

SB1070 is enabling DHS and worse yet feeding it's addiction for the personal information of citizens.  Domicile information is not the business of DHS.  We would ask that Arizona legislators work with the legislators of the other states and agree to create the hub system described above.  We have talked with telecommunications companies and the network could be in place in a short period of time.  A focused and coordinated effort must take place to digitize and number birth certificates.

Let me add this about the confirming of identity,  We, as a country do not have the biometric data of most Islamic extremists or for that matter many of the people entering our country illegally through Mexico or Canada.  If a person comes into our country and we do not have their biometric data there is nothing right now to stop that person from "beating" the "system".  That person can obtain counterfeit breeder documents including a birth certificate and social security card for a couple of hundred dollars.  To spite our government is insisting all Americans be enrolled into a single global biometric identification system (facial recognition).  There is a reason facial recognition is not used to see if a person has a driver's license in other states.  The technology does not work when hundreds of millions of images are compared.  (2003 AAMVA sponsored report conducted by the IBG (International Biometric Group).

Recently the talk of all forms of a “national/international ID has sparked debate over the cost of such an ambitious effort.  Estimates run in the hundreds of billions of dollars.  The cost of putting in place a hub system that would allow for the issuing agency at the state level of state driver’s licenses to authenticate a birth certificate with the issuing state agency that is responsible for birth certificates would be far, far less and the states would control the hub and not the federal government.  The hub would simply be a secure telecommunication system that would require multiple “super computers” to crack.  The hub would be far more secure than DMV offices are currently.

The only reason the Real ID Act and PASS ID do not violate the 1974 Privacy Act is it is the states that are collecting the personal information of citizens that DHS wants.  The states are being used as surrogates.  SB1070 is tantamount to giving a child a free pass in a candy store.  In this case Arizona is feeding the addiction of DHS by feeding DHS citizen’s information.

Illegal immigration and the threat from Islamic extremists/terrorists are real.  We must face these threats with real solutions.

We ask that Arizona lawmakers and other state lawmakers contact the NCSL/ALEC and urge that what we propose be addressed with the urgency required.

Keep in mind it is each citizen’s foremost responsibility to pass on to future generations, the rights, liberty and freedom they inherited at such great sacrifice from previous generations.  SB1070 does not meet that test.

Thomas Jefferson is attributed with the quote “Any society that would give up a little liberty to gain a little security will deserve neither and lose both.”

Finally, know that the SSN database is riddled with errors with estimates running as high as 13 million errors.  Admittedly most are not serious errors but that being said there is a problem with E-Verify identifies those in our country illegally less than 50% of the time correctly. http://www.scribd.com/doc/27458614/Final-E-Verify-Report-12-16-09-2 This preceding link is of a report DHS sponsored.

The following comes from an AP story:

The online tool E-Verify, now used voluntarily by employers, wrongly clears illegal workers about 54 percent of the time, according to Westat, a research company that evaluated the system for the Homeland Security Department. E-Verify missed so many illegal workers mainly because it can't detect identity fraud, Westat said.

Another part of the equation is a company named L-1 Identity Solutions. http://finance.yahoo.com/news/L1-Identity-Solutions-and-the-bw-2729885297.html?x=0&.v=1 The link is to the story regarding L-1 and the World Bank.  L-1 and the World Bank have reached an agreement to insure all people in the world including third world countries are enrolled into a single global system of identification that translates into a single system of control.

Why should a citizen care that L-1 is a global company and what does it mean to individuals?  L-1 also provided their facial recognition technology knowing that technology was going to be tested by the Red Chinese government.  Naturally the Chinese wanted to use the technology to identify dissidents. http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=103x359125

One should realize just how much of our borders do not have authorized Custom Border Patrol checkpoints.  What percentage of illegal goods and people are entering in those areas?  Understand that if the goal is to only prevent 29% that means 71% will get through.

If state police and local police had the capability to access state DMV databases from their patrol cars they would be able to look at a person’s photo and see if the person they had in front of them was in fact who they said they were.  Many states already use and have this capability.  There is no reason innocent American citizens have to be detained and hauled off to police stations while their citizenship status is being verified.  Under our proposed alternative (birth certificates being digitized and numbered) a driver’s license would not be issued until the birth certificate has been authenticated thus any person with a state driver’s license would be a citizen.

The Constitutional Alliance is an organization of state lawmakers, national & state groups and private citizens.

Oklahoma State HB2811 Legislation
(Exemption from biometrics, social numbering, and RFID)

By Mark Lerner

1. We have been receiving inquiries from all over the country regarding legislation (HB2811) we proposed in Oklahoma.  The amended legislation is not yet available on-line.  It should be available on-line sometime next week on the Oklahoma legislature web-site.  It is the amended language that contains the language for the Biometric and Social Security Number Religious Exemption Act.
2. Why is the legislation groundbreaking?  It will be the first legislation that would allow for a religious exemption that would result in citizen’s biometric data/templates  (fingerprints, iris scan or facial recognition compatible facial images/photos) not being placed into the state DMV (Department of Motor Vehicle) database or requiring a citizen’s biometric data/templates in order to obtain a driver’s license.  Further, SSN’s would not be retained in the state DMV database.  Finally, those that elect to exercise their exemption would not be required to accept a RFID chip in their driver’s licenses.  For more information about RFID we would refer people to Dr. Katherine Albrecht whom we support fully.  Dr. Albrecht has been a valuable ally as well as a dear friend.
3. Why a religious exemption versus legislation that would apply to all citizens?  We had proposed legislation that would apply to all citizens but there was not enough support or the political will to get that legislation passed.
4. Who is supporting the religious exemption legislation?  Pastors from across the state as well as the ERLC (the political arm of the Southern Baptist Convention).  Many pastors supporting the legislation are not Southern Baptists but are of other denominations.   We also give credit to a group of pastors that belong to the Black Robe Regiment.  Many grass root organizations which are too many to name are supporting the legislation.  The legislation has the support of Democrats, Republicans and Independents.  Both the ACLU and the ACLJ, at our request, joined us at the National Press Club in Washington D.C. to oppose the Real ID Act 2005.  Both organizations are on record as being against the use of biometrics and the global information sharing of citizen’s personal information.  (see video www.stoprealidcoalition.com )  We also give credit to EPIC, the Liberty Coalition and the American Policy Center for their efforts.
5. Who is opposing the legislation?  Despite the fact that we worked with the DPS (Department of Public Safety) and DHS (Department of Human Services), we do not have their endorsements.  We did address their concerns in the legislation.  Leadership has not said they would support the legislation.  It should go without saying that anyone that opposes the legislation is against supporting the religious freedom of citizens.
6. What is the cost to the state to implement the legislation?  We have reached zero fiscal impact.  There will be no cost to the state.
7. The legislation does not address the issue of photos in general being in the DMV database.  Both the Real ID Act 2005 and the PASS ID Act require digital facial images photos that meet the adopted standards of the ICAO (International Civil Aviation Organization) an agency of the United Nations.   Our primary intent is to insure that facial recognition technology is not used and that international standards or federal standards do not apply to a state driver’s license photo.  For more detail read “Your Body is Your ID” available on our web-sites.
8. Does our legislation impede law enforcement?  No.  Federal law that requires driver’s license applicants to have their SSN’s for comparison to a “deadbeat dads” list (Welfare Reform Act) will still be able to be complied with.  Also federal law regarding a “Sex Offender Registry” will not be hampered.   Criminal law enforcement databases are not affected by the legislation.
9. How else does this legislation benefit citizens?  By removing SSN’s from the state DMV database the likelihood of identity theft is greatly reduced.  In addition, since the SSN is what is used to link a person’s personal information to that person, the legislation greatly reduces the likelihood that a citizen’s personal information will be shared with the federal government, international law enforcement and foreign governments.

The legislation is not everything we would have liked.

This legislation does something else which we believe was needed.  It is our belief that the federal government has no constitutional authority to set standards for state driver’s licenses.  We believe this legislation makes a statement regarding states’ rights (Tenth Amendment).  We will be educating citizens/groups/organizations about efforts to reign in the abuse of power by the federal government.  Representative Charles Key of Oklahoma has legislation that “puts teeth” into Tenth Amendment legislation.   We will be sharing that legislation with states as I travel across the country.

This legislation goes much further than the legislation that prohibits a state from complying with the Real ID Act 2005.  Oklahoma currently has law (thanks to State Senator Constance Johnson (D) and Representative Charles Key (R)), that prohibits Oklahoma from participating in the Real ID Act 2005.  Although the federal government has asserted that the Real ID Act 2005 is voluntary, states have been “bullied” to comply.  Through our efforts and frankly the efforts of others, who have joined us in this effort, 26 states have said no to the Real ID Act.

However, the federal government does not give up.  The PASS ID Act was introduced last year.  Rather than continuing to chase the tail of the federal government, we decided it was smarter to take away the prize(s) the federal government was wanting:  The prize(s) being your biometric information, SSN’s in the state DMV database and driver’s licenses that utilize RFID technology.  By removing the prize(s) it will not matter what the government calls their legislation, what the federal government wants will not be in a state DMV database.
The perseverance and courage of Oklahoma State Representative Sally Kern, Oklahoma State Representative Charles Key and Oklahoma State Senator Randy Brogdon (Oklahoma 2010 Gubernatorial candidate) have shared responsibility for this legislation.

If you would like to support the work we do, there is a “donate” button at the top of the homepage of our web-sites.  We do not accept money from organizations.  We only accept financial assistance from private citizens.  This practice allows us to maintain autonomy.  If you have an interest in having us work with you in your state, you may contact us either through the web-sites or you can email This e-mail address is being protected from spambots. You need JavaScript enabled to view it

The Constitutional Alliance supports the sovereignty of the United States, the sovereignty of states and we believe that citizens are sovereign as well.

Stop Real ID Coalition

The REAL ID Act of 2005 is a federal driver license law that imposes international biometric ID standards and international database linking on states.   Personal biometric data in driver license databases is the prize.   As long as states collect Social Security numbers and "facial recognition" compatible photos, then the state driver license records will continue to be under constant attack (ex: PASS ID Act).   Therefore, the Coalition is working with state and federal lawmakers to end the use of biometrics, prevent global information sharing, and prevent the creation of a surveillance society.

FACT: Drivers licenses, passports, and national ID cards are enrolling the world into a global ID system that links the body to the control of financial transactions, using the technology of BIOMETRICS.

Federal laws, like the REAL ID ACT, that impose federal-international driver license standards, will complete this system, by compelling state ID compliance to international biometric standards, global database linking and information sharing.

FIND out how biometrics threatens religious freedom, privacy, states' rights, state and national sovereignty, rights of representation, and redress of grievances.   Find out why states are standing up to this federal tyranny and what YOU CAN DO to protect your freedom.   Act NOW or lose your freedom.  DOWNLOAD THE ACTION PACKET Today!

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What's Happening Now?   Current Events Follow:

The worst kept secret in Washington D.C. is that the Real ID Act will not be implemented.
Congress has not been able to pass legislation that would repeal Title II of the Real ID Act 2005 and replace Title II of the Real ID Act with equally egregious legislation.

A Surveillance Society or a Free Society?

By Mark Lerner, for the Constitutional Alliance, Inc.

The Big Question - should government control the people or should the people control government?

Orwell’s prediction of a future big brother government came true. Whether acknowledged or not, Americans now live in a surveillance society.

http://homelandsecuritynewswire.com/single.php?id=8666

http://homelandsecuritynewswire.com/single.php?id=8700

Once again, security for the country is what we are told is the motivation for allowing the government the capability to listen to phone calls or monitor our emails.  We are asked to believe that agencies and departments of the federal government will not use all the tools in the technological cookie jar that Congress has provided.

The most incredible acknowledgement ever of incompetency by the federal government. click here to read The federal government sets a goal of catching only 29% of people and goods that enter our country illegally at Customs-Border Patrol checkpoints.

Our government is shooting for 29% which means 71% will get through. This does not include those people and goods that cross our borders where there is no checkpoint. In school 60% is an "F". It is incredulous that our government is hoping to achieve 29%.

(17 AUG 2009) According to the Department of Justice, the personal credit and debit card information of 130 million were stolen. They are dubbing this “the single largest hacking and identity theft case ever prosecuted”, according to Fox News (Fox News Article here).

According to the latest U.S. Census, there are 128 million households in the United States. Doesn’t this theft have a great likelihood of negatively impacting at least one person in every household?

The PASS ID (S1261) legislation that was introduced in committee this month needs to face strong opposition. Our reasons for opposition of the PASS ID are well documented within this website, however, we will mention them again here. Plus, we will lay out our strategy for opposition of both the Real ID and the PASS ID. Further, we will discuss the events which took place this month.