Identity Crisis

How Identification is Overused and Misunderstood

Jim Harper

• Publisher: Cato Institute
• Year: 2006
• Print ISBN: 9781930865846
• eBook ISBN: 9781933995366
• Topic: Politics & International Relations
• Subtopic: Science & Technology Law
• Index: Politics & International Relations

The advance of identification technology-biometrics, identity cards, surveillance, databases, dossiers-threatens privacy, civil liberties, and related human interests. Since the terrorist attacks of September 11, 2001, demands for identification in the name of security have increased. In this insightful book, Jim Harper takes readers inside identification-a process everyone uses every day but few people have ever thought about. Using stories and examples from movies, television, and classic literature, Harper dissects identification processes and technologies, showing how identification works when it works and how it fails when it fails. Harper exposes the myth that identification can protect against future terrorist attacks.

He shows that a U.S. national identification card, created by Congress in the REAL ID Act, is a poor way to secure the country or its citizens. A national ID represents a transfer of power from individuals to institutions, and that transfer threatens liberty, enables identity fraud, and subjects people to unwanted surveillance. Instead of a uniform, government-controlled identification system, Harper calls for a competitive, responsive identification and credentialing industry that meets the mix of consumer demands for privacy, security, anonymity, and accountability. Identification should be a risk-reducing strategy in a social system, Harper concludes, not a rivet to pin humans to governmental or economic machinery.

1. Introduction

Take a moment to appreciate the air. So good is the air around us. It holds the oxygen we carry into our lungs. It disperses the carbon dioxide we produce. When we vibrate the air just so, the vibrations reach other people’s ears as sounds, and they can hear us. Common, ordinary air has so many ingenious uses.

All is not sweetness and light with air, of course. It transports smoke and bad smells sometimes. Some pollutants in air can do us harm. Scientists are studying these things and, as sure as the passage of time, we will know more about what is good to have in air, what is bad, and what are matters of indifference.

Now consider something just as essential for living as air, and nearly as ubiquitous. It is something you use every day, many times a day, for your good purposes. The people you see use it for theirs. You probably think no more of it than you think of breathing most of the time, but if you stopped you would die just as certainly as if you stopped inhaling sweet, sustaining air.

Air is a tangible thing. This is not a thing like air, though. This is a process. It is the process of identification.

We all know that air is made of constituent gases like nitrogen, oxygen, and carbon dioxide. Do we know what identification is made of?

We have a pretty good idea of the difference between good air and bad air. Usually, we can tell the difference by smell. Where our senses fail us, science, again, is constantly studying the health effects of the things we might breathe.

Is similar work being done to figure out when identification is good or bad for us? Not very much. To the extent there is debate about identification, it tends to operate on gut instinct and slogan: ‘‘No to national ID!’’ ‘‘Identification is essential in this age of terrorism.’’ We can do better.

The identification policies of the past are being tested by the dawning of the Information Age. If you are unsure of what the ‘‘identification policies of the past’’ have been, that is for good reason. Identification has rarely been a subject of articulated policy or policies. It has just happened. This essential economic and social process, a key part of human development through the millennia, is something not many people have thought much about.

We are at the dawn of the Information Age, and life is changing. Identification is changing. Advances in communications over the last few decades, and the rise of large institutions in the last few centuries, mean that different actors are identifying one another for new and different reasons. They are doing so in new and different ways, with new and different consequences.

Yet identification policies to meet those challenges have been developed strictly ad hoc. Each new challenge in identification—each new method and each new reason for identifying people—has been just tacked onto past practice, unconsidered. This is the policydevelopment equivalent of auto repair by electrical tape and baling wire. Now is the time for some discussion of identification policy as policy, instead of something we all just do and have done to us.

The starting point is identification theory. Despite its importance, there is a dearth of theoretical explanation for identification: what it is and how it works. Ask yourself the next time you see a friend or loved one: How do I know who this is? Identification theory provides the answers. Four categories of identifiers help us sort among one another and organize the mental ‘‘files’’ we all keep on one another. Individuals and institutions use different kinds and qualities of identifiers that vary with the myriad purposes of identification.

Considering how readily we use it, identification is an extremely complex process. If often unconsciously, verifiers use sophisticated risk management techniques to identify people efficiently, demanding just enough identity information—and no more than is necessary—for each transaction. Identification systems ride on top of one another to further increase the efficiency with which people are identified.

It is only half the battle to know what identification is. The purposes of identification—its role in transactions and its effects on people—are just as important. Like identification processes, the consequences of identification have gone largely unconsidered. Few people know what identification does and what it does not do. Few people know when it works and when it fails. This lack of knowledge hinders our ability to use it wisely and to set the most appropriate identification policies.

Identification is a sort of economic and social glue. It is there at the start of every relationship—between individuals, among businesses and people, between governments and subjects—and it is there at the continuation of every such relationship. Just as it brings people together for good purposes, identification holds people together when things go badly. Identification ensures that the right person—the right physical body—is held accountable for bad acts.

Identification is almost always conjoined with record keeping of some sort. Records organized by identity allow information to be used in deciding whether a person is pleasant company, financially sound, wanted by law enforcement, permitted to enter a building, or whatever the case may be.

All organized record-keeping systems amount to surveillance systems of one kind or another. They can be used for good or for bad. Surveillance allows companies to provide consumers better service and lower prices—or to harass them with junk communications. Surveillance puts government agents in a position to capture terrorists—or to intimidate dissenters.

Whatever the use, it is important to know that most formal demands for identification are either the front end of a surveillance system or the groundwork for the surveillance system that will be needed to make that identification requirement serve a purpose.

For good reasons, our culture and laws protect and prize anonymity—the withholding of identity information. When anonymity is the default rule, it puts individuals in a position to structure their relationships and lives as they wish, rather than having attachments imposed on them. Anonymity protects particular prized behaviors like free speech, dissent, and nonconformity.

Identification cards sit at the ‘‘top of the heap’’ of identification processes and at the center of identification policy debates. An identification card is best conceived as a communications device that carries information from a person, through a card-issuing intermediary, to a verifier. It allows a person to be treated as ‘‘known’’ on a first encounter.

Identification cards are at once ingenious and quite fallible. This communication chain contains many weaknesses; and a raft of recent public policy changes aims to shore up government-issued identification cards.

Some policymakers are laying heavy bets on identification. The REAL ID Act, passed by the U.S. Congress in 2005, is a clear example. These bets will deeply influence our social system and our personal and national security. The proponents of uniform identification systems and national identification are betting in our names (literally) that they can solve complex social, economic, and security problems with this tool. Don’t be too sure.

Life is changing on Planet Earth. Because of the rapid growth of digital communications, computing, and data storage technologies, the dominant motif of the modern era is the decline of practical obscurity. For millennia, most information about people has been hard to come by. In 1950, you would have had a hard time knowing where you had lunch on November 7 of the previous year. Imagine trying in 1850 to retrieve the text of a letter you had written and sent in 1849. Today, your calendar and e-mails from last year are close at hand. Information like this is not just available to you, but to many others as well.

Indeed, more information about people is more available and useful to more people and institutions than ever. And the trend is continuing. It is easy to overhype the decline of practical obscurity as a pure negative. It is not. Along with concerns and harms, declining obscurity comes with many benefits. But it is a big change in the context of our lives and the structure of society that we must carefully consider and control. Identification policy is central to doing that.

Modern identification systems and techniques are naturally expanding the use of surveillance and increasing the use of dossiers. That use benefits us in many ways, but it also threatens a society in which the request for ‘‘your papers, please’’—even if in digital form—is a dominant theme.

In very recent history, authoritarian governments in many countries have used identification systems to administer sometimes horrific programs. Uniform identification systems permitted totalitarian governments like the Soviet Union and Nazi Germany to administer their monstrosities very efficiently.

The costs of too uniform identification systems are not just paid by historical victims of collectivism, war, and strife. Residents of peaceful and stable countries like the present-day United States pay a price as well: identity fraudsters ply their trade using the essentially insecure identification policies and systems that we have backed into, without reflection, during the last 70 years.

A diverse identification system would at once protect against identity fraud, give people more autonomy and liberty, and act as a fail-safe against broken democracy. Rather than a uniform government-created and -mandated identification system, different organizations and institutions should offer identification and credentialing services using a wide variety of techniques and methods, each suited to a particular purpose.

The way forward for identification policy is not easy, but the policies to pursue are essentially these: Identification should be used less, by businesses and governments alike. It has fewer benefits than we often assume and higher costs with each passing year. Nonidentifying authorization should be preferred when it can be used—and this is often the case. Finally, we should recognize that identification and credentialing are a valuable economic process, just like communications, payments, and credit reporting. A diverse, competitive identification and credentialing industry would be far better, and far more protective of liberty, than the uniform, government-monopolized identification system on the advance today.

As we explore these topics, we will venture into many current controversies, such as the United States’ national identification system, as extended by the REAL ID Act. Congress passed the act as a nominal response to the terror attacks of September 11, 2001, prompted by the 2004 report of the National Commission on Terrorist Attacks Upon the United States. The law federalized the rules for state-issued identification cards. Under REAL ID, any state-issued identification card that does not comply with the act cannot be used to access federal facilities, to board commercial aircraft, to enter nuclear power plants, or for any other purposes that the secretary of homeland security determines. Though issued by states, the REAL ID is a national identification system that, as a practical matter, is required for all Americans.

We will examine the modern crime of identity fraud and its roots in identification policy. Identity fraud is the use of another person’s identity to defraud people and institutions out of money, goods, and services. Police agencies have been lackadaisical about pursuing this crime, and the U.S. Congress has sown confusion about it. In the Identity Theft and Assumption Deterrence Act, Congress branded it with its popular but inaccurate name, ‘‘identity theft,’’ and defined the crime so broadly that all kinds of different frauds are captured within one definition. With the limited set of identifiers used in the financial services system, U.S. identification processes are economically efficient but insecure for individuals. Identity fraud is one of the results.

A solution often put forward is to regulate the use of the Social Security number. Because the U.S. government assigns them, many people are urging the government to prevent certain otherwise lawful uses of Social Security numbers. But the Social Security number is most people’s financial name. Regulation of entire identifiers is a strange exercise of government authority that could have unusual and unpleasant consequences. And, of course, it would be obeyed only by the lawful—not by the lawbreakers that commit identity fraud. Better for the government to lead the way: stop using the Social Security number as a uniform identifier itself. The deft solution is to get governments at all levels to take their thumbs off the uniformidentification side of the scale.

We will come to better understand surveillance—in both its acceptable and unacceptable forms. In its nonpejorative sense, ‘‘surveillance’’ is just ‘‘watching over.’’ When we watch one another, and record and share our observations, we make and mold the society we live in. When businesses know what people are like, what they want, and when they want it, this surveillance puts them in a position to serve people in the best ways they can find. But many people dislike corporate surveillance. Even more do they dislike government surveillance of the kind that would have been needed for the Defense Department’s ill-fated Total Information Awareness program. Identification is, at its heart, a surveillance tool.

And we will study terrorism. We will examine again what happened on 9/11, with a special focus on the role of identification. We will look at the Oklahoma City bombing of 1995. Identification was involved in both of those horrible attacks—as it is everywhere—but, contrary to popular belief, false identification had no central role in those terror attacks on U.S. soil.

We will examine risk management and apply it to the terrorism context. We will learn more about what it takes to prevent terror attacks or control their consequences.

Our exploration of the world of identification will take us on travels through history, literature, TV, and the movies. Hopefully, this will make a more engaging book.

Some may find this book quite basic. It spends more time on identification theory and principles than on cutting-edge technologies and this year’s policy fights. Others may find it weighted down with identification jargon. This is unfortunate, but perhaps it goes with the territory. We have not yet a settled language that we use to talk about all the different concepts: identification, authorization, ‘‘verifiers,’’ and so on. In short, this book sits uncomfortably between futuristic ‘‘digital identity management’’ and the basic introduction to identification theory and policy that many people need.

Identification is an area of information policy that deserves a great deal more attention from social scientists, anthropologists, risk managers, policymakers, and others. Currently, we understand it about as well as the alchemists of long ago understood the air. By examining it more closely, like scientists study the constituent gases all around us, we can understand how facts combine to make identities. Like the oxygen in air combines with fuel and heat to make fire, we must learn how to capture identification and use its power without getting burned.

This book is a snapshot. The theory and concept of identification are only on their first baby steps. Many of the stories are contemporary, and they will grow stale. Many of the policies discussed here are recent, and they will change. Nothing would be more gratifying than to pick up this book in 20 years to find that the ideas and challenges in it are dated, obvious, and quaint. The alternative is a world where, even more than today, identification is overused and misunderstood.

PART I

IDENTIFICATION

2. Understanding Identification

Think about the last time you saw your next-door neighbor. It might have been in front of your house or apartment, or maybe at the local store. Did you stop to talk? Did you want to? Did you mean it when you said, ‘‘Good to see you again’’? How did you know it was your neighbor?

Most of these questions are easy to answer. Perhaps a little tougher to answer honestly. . . . But that last question—How did you know it was your neighbor?—is an odd one. You could answer any number of ways: ‘‘I just knew,’’ or ‘‘I recognized her,’’ or ‘‘I’m the head of the community association.’’ These are all decent answers, but they are incomplete.

How do people know other people? What allows us to connect memories and information, good feelings or bad ones, to other people? How do we know enough about other people to call them friends? How do other people know us? How do banks know enough about us to loan us money?

A big part of the answer is identification.

Identification is so embedded in our daily interactions that people rarely give it much thought, but it is an essential social and economic process. Identification is a part of nearly every meaningful encounter among people. It is a part of every sophisticated commercial and legal transaction. It is part of most every contact between a government and citizens. It is even an essential part of encounters among animals.

Imagine for a moment a world without identification, a world in which you could not recognize people and they could not recognize you. It would take extraordinary effort to meet our human needs, both physical and emotional.

Organized production would break down. Each day would be a sort of Groundhog Day for workers who did not recognize one another. They would all feel like it was the first day on the job as they searched for ‘‘new’’ collaborators on projects.

Home life and social life would be alien and bizarre. People would have to introduce themselves to new ‘‘friends’’ and family members each time they saw one another. Love relationships would range from short and shallow to nonexistent. People would occupy all of their time with getting acquainted rather than creating deep and lasting bonds. Life would be insecure because every person met on the street or entering the home would be a stranger—perhaps a serial killer, perhaps a sibling.

This silly mind game illustrates how integral identification is to our lives and livelihoods. It is a natural and necessary process for all kinds of social interactions, for productive enterprise, and for personal security.

From before the time of the first human family and clan, people have needed to know with whom they are interacting. Without identification, primordial humans would not have known how to distinguish friends and family members from outside raiders and cannibals. In modern times, identification helps people and institutions find each other, communicate with each other, transact, and hold each other accountable.

Although identification is deeply innate and incredibly important, it is by no means simple. In fact, identification is a very complex process. By parsing identification and looking at all its components, we can better understand how our society and economy work. We can understand more fully the consequences of identification. We can determine when it is good to be identified and when it might be bad. We can better determine what public policies surrounding identification promo...

Table of contents

• 1. Introduction
• PART I IDENTIFICATION
• PART II THE ROLES OF IDENTIFICATION AND ANONYMITY
• PART III IDENTIFICATION CARDS
• PART IV THE DANGERS OF DIGITAL AGE IDENTIFICATION
• PART V THE WAY FORWARD
• Notes