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TOM RENZ: The Rise of Digital ID in the United States – A Legal and Privacy Crisis

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The Rise of Digital ID in the United States: A Legal and Privacy Crisis

Republished with permission from Attorney Tom Renz.

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The destruction of our privacy rights in the United States is making me sick. It’s happening right under our noses, and it’s getting worse by the day. Most people seem unaware, but digital ID is now the law, and its implementation is moving forward as we speak. This isn’t the work of a single piece of legislation; it’s a slow creep driven by updates to existing regulations, rooted in the post-9/11 “Patriot Act” mindset that trades our freedom for security. Let’s break this down academically, with the relevant laws and texts, so you can see the full scope of what’s at stake.

Foundational Federal Law: The REAL ID Act of 2005

The cornerstone of this shift is the REAL ID Act of 2005, codified in 49 U.S.C. § 30301 note. This law set minimum security standards for state-issued driver’s licenses and identification cards to be accepted for federal purposes, like boarding commercial flights. While it initially governed physical IDs, its mandates for digital features and databases laid the groundwork for what we now face with digital identification. The law was updated with the REAL ID Modernization Act, signed into law as part of a larger bill in 2020, pushing us further down this path.

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The Act’s Section 202(b) outlines the minimum requirements for an acceptable ID, and it’s packed with digital components that paved the way for today’s mobile driver’s licenses (mDLs). Here’s the breakdown from the relevant text:

  • Digital Photo: “(5) A digital photograph of the person, which may be the photograph taken by the State at the time the person applies for a driver’s license or identification card or may be a digital photograph of the person that is already on file with the State.”

  • Machine-Readable Technology: “(9) A common machine-readable technology, with defined minimum data elements.”

Additionally, Section 202(d) sets minimum issuance standards, requiring states to build an infrastructure around digital data retention. Consider the “facial image capture” requirement: “(3) Subject each person applying for a driver’s license or identification card to mandatory facial image capture.” This is biometric identification, folks, and it’s a key piece of the digital ID puzzle. The law also mandates digital source document retention: “(1) Employ technology to capture digital images of identity source documents so that the images can be retained in electronic storage in a transferable format.”

Key Federal Regulation: 6 CFR Part 37

The Department of Homeland Security (DHS) took this further with 6 CFR Part 37, the implementing regulation for the REAL ID Act, amended to embrace digital IDs. Section 37.7 specifically addresses the acceptance of mDLs for federal purposes, moving beyond the need for a physical card. The relevant text states:

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  • § 37.7(a) Generally: “TSA may issue a temporary certificate of waiver to a State that meets the requirements of §§ 37.10(a) and (b).”
  • § 37.7(b) State Eligibility: “A State may be eligible for a waiver only if, after considering all information provided by a State under §§ 37.10(a) and (b), TSA determines that— (1) The State is in full compliance with all applicable REAL ID requirements as defined in subpart E of this part; and (2) Information provided by the State sufficiently demonstrates that the State’s mDL provides the security, privacy, and interoperability necessary for acceptance by Federal agencies.”

  • This regulation formalizes the path for digital IDs, but it’s just the beginning of the problem.

The Data Sharing Nightmare: REAL ID Act Section 202(d)(12) and the S2S System

Here’s where it gets worse. The federal law mandating data sharing between states is found in Section 202(d)(12) of the REAL ID Act: “(12) Provide electronic access to all other States to information contained in the motor vehicle database of the State.” The primary purpose is to prevent one person from holding multiple REAL ID-compliant credentials by allowing states to check an applicant’s status nationwide.

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The mechanism for this sharing is the State-to-State (S2S) Verification Service, managed by the American Association of Motor Vehicle Administrators (AAMVA), a private, non-profit entity. S2S is a “pointer system” that doesn’t store all data centrally but directs one state’s system to another to verify records. The platform, State Pointer Exchange Services (SPEXS), extends the system used for Commercial Driver’s Licenses (CDLIS). Data exchanged includes an individual’s name, date of birth, driver’s license number, and other fields to confirm or deny duplicate licenses. The AAMVA, being private, operates with limited public oversight, which is a red flag.

The Driver’s Privacy Protection Act (DPPA) Loopholes

The DPPA, 18 U.S.C. § 2721 et seq., governs how state DMVs can release personal information from motor vehicle records. While it prohibits public disclosure, it includes 14 exceptions that open the door for private entities. Key ones include:

  • Insurance: For use in connection with motor vehicle, driver safety, or theft prevention activities.
  • Legal Proceedings: For use in connection with civil, criminal, administrative, or arbitral proceedings.
  • Legitimate Business: For use by any legitimate business in connection with a motor vehicle transaction initiated by the individual, specifically to verify the accuracy of submitted information.
  • Express Consent: If the individual has given express consent, a common path enabled by those agreements you sign for emails or cell phones.

Other exceptions allow use for research, statistical reports (if personal information isn’t published), notifications to owners of towed vehicles, and more, as long as express consent is obtained where required.

The 2020 REAL ID Modernization Act and Private Partnerships

The 2020 REAL ID Modernization Act, signed by President Trump, accelerates this with mDLs. States will partner with private entities—big tech companies—to develop the technology. These partners will have access to your data, and depending on state contracts, may use it for their own purposes. This public-private partnership, reminiscent of the Federal Reserve model, raises serious privacy concerns.

Conclusion

The implementation of digital ID, facilitated by the REAL ID Act, its regulations, and the DPPA’s loopholes, is a deliberate erosion of our privacy. The involvement of private entities like AAMVA and potential big tech partners compounds the risk, with data reselling a real possibility. As a lawyer, I see this as a clear threat to our freedoms, and I urge you to stay informed.

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If you value this analysis, please consider donating to http://givesendgo.com/renzlaw, and following The Tom Renz Show on X, Rumble, or http://TomRenz.com. We need to keep fighting for our rights.

Sources: REAL ID Act of 2005 (49 U.S.C. § 30301 note), 6 CFR Part 37, Driver’s Privacy Protection Act (18 U.S.C. § 2721 et seq.), REAL ID Modernization Act (2020).

127 thoughts on “TOM RENZ: The Rise of Digital ID in the United States – A Legal and Privacy Crisis”

    • Windows eleven will do it for you…
      Ran across an interesting article, when I read between the lines, I realized why the U.S. isn't pushing for digital I.D.research this=
      Windows 11 Is a Lost Cause. Truly Destined for the Garbage. Don't Upgrade from 10, (Rob Braxman Tech)
      is the guy narrating, use to work for bill gates

    • The think of the children argument is a powerful weapon so many red states are all for this digital id it upsets me so much.

    • It won’t matter. They aren’t going to leave loopholes. They have your information. Your level of id isn’t a barrier for them.

      • A major uprising would be. I think they overplayed their hand. Just my opinion. This isn't conducive with living and people are going to flip out because its either stand or kneel.

      • Yup. Big Brother wants a smart phone for everyone. Do a google earth search and
        look at towns in central Africa that has dirt roads, people are bare foot and destitute but have a smart phone. I guess that would be an Obama phone.

  1. I agree with Attorney Renz's assertions; we must fight this encroachment on our civil liberties with tooth and nail.

    • I can't disagree with your comment. But, out of curiosity where do you see this encroaching on our civil liberties?

      • Becoming mandatory to use the internet, to make purchases, to catch a city bus…there’s no end to the power creep.

  2. .
    Why isn't president Trump opposed to the Digital ID, the Real ID, and any other form of Government-Controlled Slavery and Impoverishment?

    • Maybe he believes this is the only way to stop voter fraud. I think he's so focused on that he cannot see the forest for the trees, that it will come with a price to our freedom.

      • Texas is the only place I fly to for family reunions and now funerals… Ill drive like I have hundreds of times before…

          • Yeah. There is no passport workaround to digital id. It’s all digital now. And I would bet the “regular drivers license” is also digital id, just not overtly. They aren’t going to leave a huge loophole.

          • Yes, because the passport already collects the same biometric facial recognition information and digital copy of provided Proof of Citizenship documents.

          • And so will Window 11 if bill gates has anything to say about it!
            Check this out, posted earlier;
            Ran across an interesting article, when I read between the lines, I realized why the U.S. isn't pushing for digital I.D. research this=
            Windows 11 Is a Lost Cause. Truly Destined for the Garbage. Don't Upgrade from 10, (Rob Braxman Tech)
            is the guy narrating, use to work for bill gates...

          • Microsoft should be required by law to continue supporting Windows 10. They trapped us as a country into using it and were basically a monopoly. We had little choice and now want to abandon those that
            rely on it.

          • AGREED!
            What needs to happen is the Antitrust laws should be dusted off and applied to microsoft Monopoly of computer soft ware, but they have the politicians buffaloed that they are the only ones who can guaranty web safety! I.E. Keep it, and profits in house!
            EDIT; I am going to try an post this and some of the responses to Truth Social…
            If anyone else can, please do so!!

          • I just flew and notice the airport takes your picture now when you check in with TSA. It’s creepy, but I don’t have time to drive 2 fully days there and back. And if I’m not doing anything wrong, it should be fine. Still when you look at how they sent the FBI into school board meeting parking lots and put people who just flew into DC around 1/6 on no fly lists, I guess there’s no telling what they COULD do if they wanted to. But is this ID going to make any difference?!

          • I don’t doubt it. This friend is very anti-Real ID. I am not seeing what the big deal is but have to admit I’ve not researched it. There are so many things to get worked up over, it’s overwhelming. Got to pick my battles.

          • Yes, that's true. I always fly using my passport, even though I have a state-issued Real ID. I can't remember the last time I produced my driver's license in an airport. Your regular ID is not needed if you have a passport.

        • Was to put my dad in a nursing home. Not fun. Hardest thing I ever did in my life. I went through every emotion known to man. Everything that could go wrong, went wrong.. Drove back his truck and 15,000 lb enclosed trailer full to the top filled with 83 years of his life. 1,507 MI in 2 days living in the truck.

          Oh, and the electric window broke, so I was sunburn on my left side of my face and body.

          That is the short story. Lol. So much more happened negatively.

          • So much more to this adventure. Tried to get him here since 2022 to come live with us. He always refused, and that pissed my brother and I off. However, he is so far gone with Dementia that it doesn’t matter where he is. He was diagnosed 4 years ago and hid it very well. Started getting calls from APS and the cops in Corpus for continued welfare checks since May. Then it got worse and worse until I had to intervene or he would be dead right now. At least now, I can go to sleep not worrying that I am going to get a call that he is dead. No one wants to go to a nursing home, but he is safe which is all I care about.

            Heck, I wouldn’t mind going to one. As long as I can bring my beer and I can comment on TGP! Woot, Woot! God is good ALWAYS. He proved that the last 3 weeks. My faith is stronger than ever now!
            Thank you for the kind words. :)

          • I'm sorry you had to go thru that. I feel ya. When you can't help family even despite trying it hits ya like "am I not good enough I should be taking care of them helping more something." You will always second guess at first but youu did the right thing and it appears you know that and are at peace.

            Praise God for honing your Faith through trial.

          • When my mom died in 2010, found her dead. It was tragic, heart breaking, etc. However, I knew she was with God. Cleaning out her home was difficult but didn’t have anyone to answer to. Threw away, and donated a lot of stuff. My dad on other hand, is still alive, so getting rid of his stuff is more difficult. He has been a contractor for 50 years, so he is A LOT tools to deal with, and stuff from his dad. My emotional brain tells me to keep all of his stuff. The logical/practical part of my brain tells me that he is not coming back. There is that duality of hope VS reality that is hard to deal with.

            Hope that made sense. Thank you for the kind words. Means more than you can every imagine! 95% of TGP people rock!

          • You made sense. I agree that many people on here are great. Its also great to get a little extra information from people that an article may leave out.

            Hope vs reality, Ill pray for your continued discernment so that you can find joy in whichever path you go. I struggle with this too.

            Thank you so much for sharing.
            I hope you have a great weekend.

    • Good for you! "Opt-out" was my middle name, at least until I stopped flying.

      Airlines are slowly twisting in the wind, dying an excruciatingly slow death, at which time they'll be nationalized.

      • The Real ID will be one of the things that 'facilitate' the Beast System. Not the only
        thing. These new monster data centers are for AI is what they tell us. That's true but the real reason is storing all things digital into an accessible data bank for the powers that be. Instant access for everything by those who want to control us.

        • The depth of the control system is unfathomable to most people, and I honestly don't see a current means to stop it as it's being facilitated outside of public and political control.
          Between online trackers, financial transaction trackers, our cell phones, car computers and tag/traffic/pedestrian cameras most people are already being fully tracked. Add the AI/Cloud and sh!t gets real scarry.

          • I recall about 10 years ago the Tag Readers were being only ‘tested’ for feasibility in a private residential neighborhood in Portland OR. They said it was for security only of that gated community and certainly not planned elsewhere. But here we are today. In my state we must call out the color of our vehicles now on titles. It never was important cause it had no bearing on value or taxes. But now it is need for tracing and identification by big brother.

          • I just read that the Digital ID will very soon be required to get a job in the UK under the cloak of "not employing illegals".
            Isn't it strange that it's being pushed out "everywhere" and with the "same name" or better described as "Planed".

  3. Please don't yell at me for asking, but, what is the concern here? I see selling our data, and private companies are involved. Okay. But what is the big difference between this and a state ID?

      • That’s what it seems like to me, but they did take my photo at the air port the other day, which is a little creepy. And they have abused their power before. Still, if they want to abuse their power, I can’t imagine having or not having this ID is going to make much difference. They’ve pulled people’s bank records over political opinions and spied on parents and done all kinds of things w/out this ID.

  4. Unless you are here illegally, which in that case, you can do whatever you like just contacting SPLC or The Wren Collective.

  5. "TOM RENZ: The Rise of Digital ID in the United States"…

    "Logan 5…. Identify!":
    Logan's Run (June 23, 1976)

  6. Real ID 2005 thank you George Bush and a Republican congress. Congress is not our friend. 20 years later same sh*t under different label. Palantir, xAI, Satellogic are all in on tracking us also.

  7. Actually one step closer to prophecy and the Mark of the beast. For those skeptics and unbelievers, there are many signs of end times that align with the Bible. And when I say end times, life on earth as we know it. The rapture, the tribulation, the antichrist and the Second Coming of Jesus Christ who will reign on the earth for 1000 years and then eternity. Those unbelievers who come to faith during the tribulation will go through things you don't want to imagine, including resisting the mark ofthe beast(digital ID) where you can not do anything without it.
    On the surface that may seem like science fiction, but make no mistake, it's all real and Coming soon.
    Like those who mocked Noah, there will be no escape of events forthcoming.

  8. So now maybe we can understand the 'mark of the beast' talked about in the Bible… seems impossible until we got ourselves addicted to our cell phones and soon all ID's and passports will be digital… not to mention all banking and retail transactions will soon be digital as cash is not accepted in more and more retail stores…

  9. I never wanted REAL ID, because i knew it's the foot in the door.
    However, the DMV people said I needed it, so I obliged.

    I recently REVERTED back to old school Driver's License WITHOUT Real Id

    AND removed Organ Donor to prevent harvesting while I'm alive.

  10. Why should citizens have to have one more ID when the fed gov flooded the country with illegal aliens and refugees, had the irs not prevent ID theft, allowed illegal aliens to have driver's licenses? How will this ID from work any better than the ones were already have? What will prevent any fraud, hacking or the system being down? None of this is to protect privacy or be more convenient. It's for total control. This is behave or the gov will shut you off.

  11. 'Cause it wasn't his real name, "No Name Given" didn't have a Real ID, and wouldn't be de-banked.

    Let that sink in.

  12. NOW I understand why my post went to pending!!
    Ran across an interesting article, when I read between the lines, I realized why the U.S. isn't pushing for digital I.D. research this=
    Windows 11 Is a Lost Cause. Truly Destined for the Garbage. Don't Upgrade from 10, (Rob Braxman Tech)
    is the guy narrating, use to work for bill gates…

  13. I was against getting the real id, until I realized that unless you are 100% self reliant and cut off from the rest of the world, the government knows everything about you anyway

  14. Trump and this administration is expanding digital id, thru the selling of Tik Toc to Larry Ellison and the funding and use of Palantir thru Peter Thiel…now can anyone guess which country will benefit the most from this…

    • Your comment is exactly why I made mine below yours. Unaware Americans are being walked right into digital slavery even with our side in charge.

      The Founders stated government is a "necessary evil". I vote for the people I like or want the most but I still make sure to keep my loyalty to the nation and not person.

      Never trust even those you vote for. I don't mean just be some schizo over everything but its healthy to be vigilant.

      Great verse for now and always.

      1 Thessalonians 5:21 Prove all things; hold fast that which is good.

  15. This is why apple and microsoft have been forcing more and more draconian safety measures on their devices. It's F'ing predictive programming brainwashing. Can't wait until we crush the tits off of this.

  16. Republicans should take up the cause of personal freedom as one of their main tenets. It would require a lot of thought to develop the right way to ensure privacy rights but if the US does not do it then it will not likely ever happen. And make sure that cash is always accepted everywhere for transactions.

  17. Digital ID, crypto currency all lead to the beast in Revelation. Participation in any form means you welcome the loss of your freedom because you are feeding the beast. Even your "Ring" doorbell is being used for monitoring. In one case, the doorbell was monitoring the neighbour's entrance. Your own security cameras can be hacked. Need I say more?

  18. There has to be an ID system in these days. There’s absolutely no reasonable way to operate a society without it. Period

    I don’t appreciate it but I don’t know of any way around it. Are there options?

      • I get that, and whomever did set that up should be excused from employment. IMO we should evolve a more secure identity system ie checks and balances for voting coupled with paper ballots as well.
        —-
        It’s easy to be anti but IMO unless there are other durable options to a digital ID I guess I believe we should dive in and do the best job of evolving a system that does work..
        ——
        As far as systems go IMO Ellis Island and EVERYTHING surrounding immigration was successful history and I believe in repeating successful history. What we have today certainly doesn’t work in any way to the benefit of America or Americans.

    • We will see how you feel when they shut down your bank accounts for not agreeing with everything they have planned for you
      .

      • What are your options? Being anti is easy.
        —-
        Additionally they’ve already been “de-banking” conservatives for wrong think. Had it not been for DJT’s presidency they’d have increased their agenda. Farage was the victim of it in the UK the shadow puppet masters of the NWO / OWG are the architects of this mess.

    • Don't worry, odds are that as this becomes real for people, they'll empty their lives of the devices that are imprisoning them.

      Rough seas ahead though.

  19. All you anti-corn nuckleheads keep pushing for this! Stop it. Its never about protecting the children and it never will be. Banning children from the use of the internet wwont help ether because it circles back to (((age verification))) keep corn on the internet and that alone keeps the web free. Common sense!

  20. Follow Europe. Europe is not hindered by our Constitution:

    1. Population reduction (Mass mRNA experiment to volunteer self-destruct. A reduced population is easier to manage in their plan)

    2. Remove the guns (Democrats attempting to remove guns from law abiding conservatives)

    3. Favor persons here illegally and other criminals over citizens. ("all are equal, but some are more equal than others")

    4. Displacing home ownership in favor of high-density public and rental housing. (California is slow walking permits to rebuild homes. Permits are being fast-tracked for low-income multi-family housing)

    5. 15-minute cities. (Ensure that all residents can meet most of their daily needs. Work, shopping, school, healthcare all within a 15-minute walk or bike ride from their homes. Future restricted travel.)

    6. Digital ID. (They can cut you off from your finances. When Prime Minister Justin Trudeau's government invoked the Emergencies Act in February 2022 to cut off finances for supporters of the "Freedom Convoy" trucker protest. Demonstrated how a digital banking system could be used as a tool for enforcement )

    A PRISON PLANET HAS BEEN ENGINEERED.

    Question: Are you an outlier (someone who is very different from the rest of a group) or puppet?

        • Britain age verification needed to use facial scanning to confirm if you are an adult to log into websites like discord.

          • It's worse than that;
            Ran across an interesting article, when I read between the lines, I realized why the U.S. isn't pushing for digital I.D. research this=
            Windows 11 Is a Lost Cause. Truly Destined for the Garbage. Don't Upgrade from 10, (Rob Braxman Tech)
            is the guy narrating, use to work for bill gates…

          • I recently (3 years ago) purchased a new home, it was all done via computer! No office visit till closing, {Had to get an I-pad just to keep up!-} They have intentionally made getting along in society without a smart phone almost impossible, and I say this as someone who owns a flip phone! And is constantly berated with stuff that will NOT work on that phone! A friend recently got me an Apple Phone, which I barely use, Why? Because I don’t want to turn in to one of those mindless zombies who’s head is buried in a tiny screen!

  21. In Canada they know everything about you already. Any further movement in terms of electronic surveillance and digital id etc is about their taking action to control the populace. Look how quickly they can debank you or censor you. Soon you'll have the police at the door like in England for an "inappropriate" post based on what they consider inappropriate. (don't get me started on cbdc which I believe stablecoin is the first major step towards)

  22. And your hero in chief is the one pushing us closer to the AI beast digital surveillance slavery system. The massive AI data centers are being built as we speak thanks to Project Stargate. Best president ever!!

  23. The passage of The Patriot Act, GAVE law enforcement EVERTHING that they had ever dreamed of, (and they DID NOT hesitate to turn those dreams into REALITY, when it came to, and continues to be, the establishment of an ALL-CONTROLLING police state.

    LAW ENFORCEMENT IS, repeat, IS, THE SINGLE GREATEST THREAT TO THE CONSTITUTION, and the RIGHTS, that the FOUNDERS, in their wisdom, included in that sacred document.

  24. Unfortunately, no matter who is in office we are being slowly walked to censorship and control. Both sides lead to it. So does this mean just pick a side you agree with more and go with it?

  25. The idea of this is to destroy anonymity on the internet old people shouldn't be in charge of technology I'm sorry but most of these congressman and senators don't know how to plug their computers in

  26. I renewed my license in person six weeks ago, and I still haven't received it. I was worried something went wrong, but I met another guy who’s been waiting for two months, so it seems like I'm covered. They must be loading those cards with layers of information and embedding links to major search engines. And by the way, Joe, you did an excellent job putting all this together into one article. It was carefully written. This idea is catching on with young people because they are making assertions, but the key difference is that every point is backed up with research and studies cited right there. Young people can understand and feel empowered knowing they can support their arguments in a debate. I wish we’d start a Common Man's Debate Society. Design it after UFC, but no physical contact—just intense intellectual debates. Make it hilarious with lots of beer around, and I think it would be a huge success! It would be amazing if Dana White would take it on… think of it, Gentlemen will be standing at the dias while smoking a big old cigar. Tuxedos would be the only form of attire.

  27. Revelation 13: verses 16 and 17

    "And it is causing all, the small and the great, and the rich and the poor, and the free and the slaves, that they may be giving them an emblem on their right hand, or on their forehead, and that no one may be able to buy or sell except the one having the emblem of the wild beast, or its name, or the number of its name.

    Here is wisdom. Let him who has a mind calculate the number of the wild beast, for it is the number of mankind, and its number is six hundred sixty-six."

    ………………………..

    And who among mankind is associated with that number? The number and its surrounding circumstances would have been known to the Jew of the first century through understanding what is in the Jewish scriptures… the Old Testament. There is one person in their scriptures who fits: Solomon.

    Solomon received as tribute six hundred and sixty-six talents of gold on a yearly basis because of his earthly wisdom. But he went against the One God by bringing foreign gods into the land of Israel and building worship sites to them after he took as wives non-Jewish women who worshiped those gods.

    We need to be aware, when it happens, of the rise of a super wise man filling a present day description of Solomon, perhaps… wildly it seems… even someone whose brain is hooked up by way of a neural transplant and AI to a quantum computer, so that he seemingly knows everything there is to know, and is worshiped universally as a god.

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