REAL ID: When Enforcement Isn’t Enforcement

Follow up to the long-standing history of REAL ID enforcement delays.

Lots of delays.

When then-President George W. Bush signed into law the “Real ID Act of 2005,” American adults initially had a May 11, 2008 deadline to ensure their identification documents met federal standards.

For those who didn’t notice, we didn’t all adopt REAL IDs in 2008.

In fact, a few years later I was working on a driver’s license proposal for a state I won’t identify, and the RFP clearly and emphatically stated that REAL ID compliance for the new driver’s license was not…um…OK.

Even during the short history of the Bredemarket blog, the REAL ID enforcement date of May 5, 2023 has been adopted and superseded. And more recently there was a report that that new date of May 7, 2025 would slip.

Well, that won’t happen.

Or will it?

The (so-called) “final” rule

The Transportation Security Administration has published a final rule which clearly states that the REAL ID enforcement date of May 7, 2025 still stands and has not been delayed.

Or perhaps it’s not so clear.

This rule ensures that Federal agencies have appropriate flexibility to implement the card-based enforcement provisions of the REAL ID regulations after the May 7, 2025, enforcement deadline by explicitly permitting agencies to implement these provisions in phases. Under this rule, agencies may implement the card-based enforcement provisions through a phased enforcement plan if they determine it is appropriate upon consideration of relevant factors including security, operational feasibility, and public impact. The rule also requires agencies to coordinate their plans with DHS, make the plans publicly available, and achieve full enforcement by May 5, 2027.

So the enforcement DEADLINE is May 7, 2025, but FULL enforcement will be achieved by May 5, 2027.

Date subject to change.

It’s not only the U.S.

But at least these decades of delays give me an excuse to share a Geico commercial.

And Europe (the continent, not the band) has its own problems with delays to its Entry/Exit System (EES)…and a graduated rollout is proposed.

From https://www.youtube.com/watch?v=1H9FI87HK-s.

Meta Verified is Worthless

I thought X’s blue checks were bad enough, but Meta has topped (or bottomed) Elon in the realm of meaningless identity verification.

The janeaustenpen Instagram account is Meta verified.

From janeaustenpen on Instagram: Meta Verified!

Even though Jane Austen is dead.

Come to think of it, Austen never had a driver’s license. How did she get verified?

But Meta’s AI creation isn’t dead.

And you can’t block “her.”

And probably can’t report “her” for impersonation.

I really dread what LinkedIn is planning. Will Henry Ford dispense advice? Steve Jobs?

KYV: Know Your (Healthcare) Visitor

Who is accessing healthcare assets and data?

Healthcare identity verification and authentication is often substandard, as I noted in a prior Bredemarket blog post entitled “Medical Fraudsters: Birthday Party People.” In too many cases, all you need to know is a patient’s name and birthdate to obtain fraudulent access to the patient’s protected health information (PHI).

But healthcare providers need to identify more than just patients. Providers need to identify their own workers, as well as other healthcare workers.

Know Your Visitor

Healthcare providers also need to identify visitors. When a patient is in a hospital, a rehabilitation facility, or a similar place, loved ones often desire to visit them. (So do hated ones, but we won’t go there now.)

I was recently visiting a loved one in a facility that required identification of visitors. The usual identification method was to present a driver’s license at the desk. The staffer would then print out a paper badge showing the visitor’s name and the validity date.

Like this…

John Bederhoft?

So John “Bederhoft” (sic) enjoyed access that day. Whoops.

Oh, and I could have handed my badge to someone else after a shift change, and no one would have been the wiser.

Let’s apply “somewhat you why”

There’s a more critical question: WHY was John “Berdehoft” visiting (REDACTED PHI)? Was I a relative? A friend? A bill collector? 

My proposed sixth factor of identity verification/authentication, “somewhat you why,” would genuinely help here. 

Somewhat you why “applies a test of intent or reasonableness to any identification request.” 

Maybe I should have said “and” instead of “or.”

  • Visiting a relative shows intent AND reasonableness.
  • Visiting a debtor shows intent but (IMHO) does NOT show reasonableness.

Do you need to analyze healthcare identity issues for your healthcare product or service? Or create go-to-market content for the same? Or proposals?

Contact me at Bredemarket’s “CPA” page.

Temporary REAL-ity?

Your driver’s license isn’t real forever.

When talking about the validity periods for U.S. driver’s licenses (which vary from state to state) in a February 2024 post, Veriff points out one oft-overlooked part of the REAL ID Act:

“If a document bears the typical Real ID star symbol (or some accepted adaptation of it), meaning it is a Real ID-compliant document, it cannot be valid for longer than 8 years (Section 202(d)(10) of the Real ID Act).”

At the time of Veriff’s post, the REAL ID deadline was due for enforcement on May 7, 2025 after numerous delays. Several months later, in September 2024, the Transportation Security Administration started planning to be flexible about that deadline…

Someday the REAL ID Act will be real…

California Knows How to Party (California mDL)

Well, it took long enough.

In part because when I first tried to get a mobile driver’s license (mDL), I used my OLD physical driver’s license AFTER I had renewed my driver’s license online (but before I received the new physical license). Data mismatch. Rejected.

And in part because I kept on forgetting to perform the additional steps to confirm my identity.

And in part because I didn’t truly NEED the mDL—I haven’t flown anywhere since April 2023, and for some strange reason no vendor of age-controlled products has insisted on carding me.

California mobile driver’s license (mDL).

But I now have a California mDL. After talking about mDLs for years as a former IDEMIA employee.

I’ve previously espoused the benefits of mDLs. For example, when a retailer DOES check my age before I buy a beer, the retailer doesn’t learn my address or my (claimed) height and weight. The retailer only needs to confirm that I am old enough to buy a beer.

Oddly enough, I had to block out certain information on my displayed mDL in the image above. Because MY privacy requirements obviously don’t conform to California’s privacy requirements.

Don’t Miss the Boat

Bredemarket helps identity/biometric firms.

  • Finger, face, iris, voice, DNA, ID documents, geolocation, and even knowledge.
  • Content-Proposal-Analysis. (Bredemarket’s “CPA.”)

Don’t miss the boat.

Augment your team with Bredemarket.

Find out more.

Don’t miss the boat.

Do All 5 Identity Factors Apply to Non-Human Identities?

I’ve talked ad nauseam about the five factors of identity verification and authentication. In case you’ve forgotten, these factors are:

  • Something you know.
  • Something you have.
  • Something you are.
  • Something you do.
  • Somewhere you are.

I’ll leave “somewhat you why” out of the discussion for now, but perhaps I’ll bring it back later.

These five (or six) factors are traditionally used to identify people.

Identifying “Non-Person Entities”

But what happens when the entity you want to identify is not a person? I’ll give two examples:

Kwebbelkop AI? https://www.youtube.com/watch?v=3l4KCbTyXQ4.
  • Kwebbelkop AI, discussed in “Human Cloning Via Artificial Intelligence: It’s Starting,” is not a human. But is there a way to identify the “real” Kwebbelkop AI from a “fake” one?
  • In “On Attribute-Based Access Control,” I noted that NIST defined a subject as “a human user or NPE (Non-Person Entity), such as a device that issues access requests to perform operations on objects.” Again, there’s a need to determine that the NPE has the right attributes, and is not a fake, deep or shallow.

There’s clearly a need to identify non-person entities. If I work for IBM and have a computer issued by IBM, the internal network needs to know that this is my computer, and not the computer of a North Korean hacker.

But I was curious. Can the five (or six) factors identify non-person entities?

Let’s consider factor applicability, going from the easiest to the hardest.

The easy factors

  • Somewhere you are. Not only is this extremely applicable to non-person entities, but in truth this factor doesn’t identify persons, but non-person entities. Think about it: a standard geolocation application doesn’t identify where YOU are. It identities where YOUR SMARTPHONE is. Unless you have a chip implant, there is nothing on your body that can identify your location. So obviously “somewhere you are” applies to NPEs.
  • Something you have. Another no brainer. If a person has “something,” that something is by definition an NPE. So “something you have” applies to NPEs.
  • Something you do. NPEs can do things. My favorite example is Kraftwerk’s pocket calculator. You will recall that “by pressing down this special key it plays a little melody.” I actually had a Casio pocket calculator that did exactly that, playing a tune that is associated with Casio. Later, Brian Eno composed a startup sound for Windows 95. So “something you do” applies to NPEs. (Although I’m forced to admit that an illegal clone computer and operating system could reproduce the Eno sound.)
Something you do, 1980s version. Advance to 1:49 to hear the little melody. https://www.youtube.com/watch?v=6ozWOe9WEU8.
Something you do, 1990s version. https://www.youtube.com/watch?v=miZHa7ZC6Z0.

Those three were easy. Now it gets harder.

The hard factors

Something you know. This one is a conceptual challenge. What does an NPE “know”? For artificial intelligence creations such as Kwebbelkop AI, you can look at the training data used to create it and maintain it. For a German musician’s (or an Oregon college student’s) pocket calculator, you can look at the code used in the device, from the little melody itself to the action to take when the user enters a 1, a plus sign, and another 1. But is this knowledge? I lean toward saying yes—I can teach a bot my mother’s maiden name just as easily as I can teach myself my maiden name. But perhaps some would disagree.

Something you are. For simplicity’s sake, I’ll stick to physical objects here, ranging from pocket calculators to hand-made ceramic plates. The major reason that we like to use “something you are” as a factor is the promise of uniqueness. We believe that fingerprints are unique (well, most of us), and that irises are unique, and that DNA is unique except for identical twins. But is a pocket calculator truly unique, given that the same assembly line manufactures many pocket calculators? Perhaps ceramic plates exhibit uniqueness, perhaps not.

That’s all five factors, right?

Well, let’s look at the sixth one.

Somewhat you why

You know that I like the “why” question, and some time ago I tried to apply it to identity.

  • Why is a person using a credit card at a McDonald’s in Atlantic City? (Link) Or, was the credit card stolen, or was it being used legitimately?
  • Why is a person boarding a bus? (Link) Or, was the bus pass stolen, or was it being used legitimately?
  • Why is a person standing outside a corporate office with a laptop and monitor? (Link) Or, is there a legitimate reason for an ex-employee to gain access to the corporate office?

The first example is fundamental from an identity standpoint. It’s taken from real life, because I had never used any credit card in Atlantic City before. However, there was data that indicated that someone with my name (but not my REAL ID; they didn’t exist yet) flew to Atlantic City, so a reasonable person (or identity verification system) could conclude that I might want to eat while I was there.

But can you measure intent for an NPE?

  • Does Kwebbelkop AI have a reason to perform a particular activity?
  • Does my pocket calculator have a reason to tell me that 1 plus 1 equals 3?
  • Does my ceramic plate have a reason to stay intact when I drop it ten meters?

I’m not sure.

By Bundesarchiv, Bild 102-13018 / CC-BY-SA 3.0, CC BY-SA 3.0 de, https://commons.wikimedia.org/w/index.php?curid=5480820.

Who Is IN With IDEMIA?

Unlike the other rumors over the last few years, this is official. 

From IDEMIA:

“IN Groupe and IDEMIA Group have entered into exclusive negotiations regarding the acquisition of IDEMIA Smart Identity, one of the three divisions of IDEMIA Group.”

But discussions are one thing, and government approvals are another. By the way, IN Groupe’s sole shareholder is the French state…

Plus IDEMIA, like Motorola before it, will have to figure out how the, um, bifurcated components will work with each other. After all, IDEMIA Smart Identity is intertwined with the other parts of IDEMIA. 

Again, from IDEMIA:

“IDEMIA Smart Identity, a division of IDEMIA Group, is a leader in physical and digital identity solutions. We have fostered longstanding relationships with governments across the globe, based on the shared understanding that a secured legal identity enables citizens to access their fundamental rights in the physical and digital worlds.”

Regardless, this process will take some time.

And what will Advent International eventually do with the other parts of IDEMIA? That will take even more time to figure out.

Oh, Florida (mobile driver’s licenses)

I should properly open this post by stating any necessary disclosures…but I don’t have any. I know NOTHING about the goings-on reported in this post other than what I read in the papers.

“I know NOTHING.” By CBS Television – eBayfrontback, Public Domain, https://commons.wikimedia.org/w/index.php?curid=73578107.

However, I do know the history of Thales and mobile driver’s licenses. Which makes the recent announcements from Florida and Thales even more surprising.

Gemalto’s pioneering mobile driver’s license pilots

Back when I worked for IDEMIA from 2017 to 2020, many states were performing some level of testing of mobile driver’s licenses. Rather than having to carry a physical driver’s license card, you would be able to carry a virtual one on your phone.

While Louisiana was the first state to release an operational mobile driver’s license (with Envoc’s “LA Wallet”), several states were working on pilot projects.

Some of these states were working with the company Gemalto to create pilots for mobile driver’s licenses. As early as 2016, Gemalto announced its participation in pilot mDL projects in Colorado, Idaho, Maryland, and Washington DC. As I recall, at the time Gemalto had more publicly-known pilots in process than any other vendor, and appeared to be leading the pack in the effort to transition driver’s licenses from the (physical) wallet to the smartphone.

Thales’ operational mobile driver’s license

By the time Gemalto was acquired by and absorbed into Thales, the company won the opportunity to provide an operational (as opposed to pilot) driver’s license. The Florida Smart ID app has been available to both iPhone and Android users since 2021.

From https://www.flhsmv.gov/floridasmartid/ as of July 12. No idea whether this image will still be there on July 15.

What just happened?

This morning I woke up to a slew of articles (such as the LinkedIn post from PEAK IDV’s Steve Craig, and the Biometric Update post from Chris Burt) that indicated the situation had changed.

One of the most important pieces of new information was a revised set of Frequently Asked Questions (or “Question,” or “Statement”) on the “Florida Smart ID” section of the Florida Highway Safety and Motor Vehicles website.

The Florida Smart ID applications will be updated and improved by a new vendor. At this time, the Florida Department of Highway Safety and Motor Vehicles is removing the current Florida Smart ID application from the app store. Please email FloridaSmartID@flhsmv.gov to receive notification of future availability.

Um…that was abrupt.

But a second piece of information, a Thales statement shared by PC Mag, explained the abruptness…in part.

In a statement provided to PCMag, a Thales spokesperson said the company’s contract with the FLHSMV expired on June 30, 2024.

“The project has now entered a new phase in which the FLHSMV requirements have evolved, necessitating a retender,” Thales says. “Thales chose not to compete in this tender. However, we are pleased to have been a part of this pioneering solution and wishes it continued success.”

Now normally when a government project transitions from one vendor to another, the old vendor continues to provide the service until the date that the new vendor’s system is operational. This is true even in contentious cases, such as the North Carolina physical driver’s license transition from IDEMIA to CBN Secure Technologies.

But in the Florida case:

  • Thales chose not to bid on the contract renewal.
  • The new vendor and/or the State of Florida chose not to begin providing services when the Thales contract expired on June 30.
  • Thales and/or the State of Florida chose not to temporarily renew the existing contract until the new vendor was providing services in 2025.

This third point is especially odd. I’ve known of situations where Company A lost a renewal bid to Company B, Company B was unable to deliver the new system on time, and Company A was all too happy to continue to provide service until Company B (or in some cases the government agency itself) got its act together.

Anyway, for whatever reason, those who had Florida mobile driver’s licenses have now lost them, and will presumably have to go through an entirely new process (with an as-yet unknown vendor) to get their mobile driver’s licenses again.

I’m not sure how much more we will learn publicly, and I don’t know how much is being whispered privately. Presumably the new vendor, whoever it is, has some insight, but they’re not talking.