Intellectual Property Law

Despite blasting a defiant last day letter to the Homeland Security Department over pending federal rules Monday, South Carolina Republican governor Mark Sandford secured South Carolinians the right to use their driver's licenses to board planes without being  patted down, at least until 2010.

Despite telling the feds he would not comply with their rules, South Carolina's Republican governor successfully prevented the feds from punishing his states' residents as Homeland Security had promised to do.
AP/Mary Ann Chastain

Just hours after getting Sanford's jeremiad, Homeland Security chief Michael Chertoff signed the state's extension (.pdf) personally, writing that "like Montana, your letter sets forth in detail how South Carolina will in fact meet the principal security requirements of Real ID ? as a matter of South Carolina's independent judgment, and not as an act  of compliance."

Like other rebellious states, South Carolina rejected Real ID mandates, saying the $4-$20 billion dollar program was an unfunded mandate that invaded citizens' privacy and put them at risk of identity theft due to massive, connected databases of sensitive information.

DHS counters that having current license holders have to get certified documents and reprove their eligibility for identification will prevent terrorism and be useful for other purposes such as curtailing illegal immigration and identity theft.

Maine remains the lone state not to have been given an extension, despite having written a letter not unlike ones from Montana and New Hampshire. All of them explained how the respective state had strong license security procedures but wouldn't comply with the Real ID mandate.

Sanford's letter was extraordinary, however, since he used most of his words explaining why he thought Real ID was invasive, unfunded and dangerous.

Chertoff replied personally and substantively, writing that "thoughtful responsible and honest concerns sthat deserve equally thoughtful responses."

By contrast, Montana and New Hampshire got terse letters from Stewart Baker, a sharp-tonged assistant policy secretary who's been accusing critics of Real ID of throwing spaghetti on the walls.

It's clear the rebel states won, according to Bill Scannell, a spokesman for the Identity Project which has been fighting against Real ID.

"Montana's letter smirked," Scannell said. "New Hampshire's was down right disrespectful and you could see the scotch tape from where they cut-and-pasted pages from their DMV handbook."

"But Sanford's five-page letter was Fort Sumner quality," Scannell said, referring to the South Carolina military installation where the Civil War started.

That leaves Maine as the only rogue left rogue, though the state is likely to get its own extension late Monday.

Once Maine gets its letter from DHS, the department can declare victory in improving the security of the nation's driver's licenses and leave the ongoing funding and privacy problems for a new administration to deal with come January 2009.

See Also:

• South Carolina Rails Against Real ID, Asks Not To Be Punished
• Montana Governor Foments Real ID Rebellion
• Montana Governor: DHS 'Blinks' on Real ID
• New Real ID Rules To Shut Down Nation's Airports in May?
• DHS Suggests a REAL ID Could be Necessary for Medicine
• New Hampshire Joins Montana in Real ID Victory
• New Hampshire Joins Montana in Real ID Victory