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9/11 report light
on ID theft issues
Scant mention raises civil liberties concerns
By Bob Sullivan
Technology correspondent
MSNBC
Aug. 4, 2004
In a world where 10 million
people a year can have their identity stolen, where pretending to
be someone else is as easy as stealing a wallet, what good are traveler
databases and terrorist watch lists? After all, they are easily
foiled by impersonation.
But in the nation's most
comprehensive look yet at what went wrong on Sept. 11., and what
can be done to prevent the next terrorist attack, identity theft
gets scarce mention. Buried deep within the 9/11 commission report
— on about 10 pages, starting with page 393 — are suggestions for
dealing with the deeply connected problems of terrorism and identity
fraud.
The report does note the
importance of the issue, however. Impersonation is cited as a key
tool for terrorists. "Travel documents are as important as weapons,"
the report says. "Fraud is no longer just a problem of theft. At
many entry points to vulnerable facilities, including gates for
boarding aircraft, sources of identification are the last opportunity
to ensure that people are who they say they are."
And the report makes some
specific suggestions, including federal standardization of driver's
licenses and birth certificates. Still, experts worry that the issue
will get short shrift in congressional hearings, or an overly simplistic
solution will be attempted for a very complex problem.
"What it's going to take
is somebody who's really going to be married to this issue in terms
of some knowledge and ability and skills and devotion and strict
focus on this one single issue," said Judith Collins, an identity
theft expert and a professor at Michigan State University. "And
I don't know who would do it."
Terrorism and identity theft
go hand in hand, experts say. The al-Qaida training manual includes
provisions for trainees to leave camp with five fake personas, says
Collins, who uses a copy of the manual to train law enforcement
officials. Terrorists are regularly schooled in the art of subsisting
off credit card fraud while living in the United States, Collins
said.
The Millennium Plot terrorists,
Ahmed Ressam and Mokhtar Haouari, allegedly used credit card fraud,
and even made plans to buy a gas station and steal customer account
numbers that way, according to a report in the Chicago Tribune.
And the indictment of terrorist suspect Ali Saleh Kahlah al-Marri,
who has been linked to alleged Sept. 11 paymaster Mustafa Ahmed
al-Hawsawi, alleged that al-Marri was arrested with a laptop computer
that had 1,000 stolen credit cards on it, along with a host of Internet
bookmarks pointing to fraud and fake ID-related sites.
The Sept. 11 hijackers, surprisingly,
used their real names when boarding their flights that morning.
That kept commissioners from focusing more specifically on ID theft,
said commission spokesman Jonathan Stull — after all, its charge
was to study what went wrong on Sept. 11. But the hijackers had
liberally used document fraud prior to that date, some to ease entrance
into the United States, others to move around once they were here
and to obtain drivers' licenses they needed to board the airplanes.
Mark Rasch, once head of
the Justice Department's Computer Crime unit and now a consultant
with Solutionary Inc., said the fact that identity theft is as easy
as it is makes terrorism watch lists essentially useless.
"This is even more important
as we start to profile terrorists," Rasch said. "With these 'red
lists,' we stop someone from boarding based on their ID, but it's
all based on a reasonable certainty that we know who the person
is."
System flaws repeatedly
exposed
Flaws in the nation's identification system are well known.
According to congressional testimony, there are 240 valid forms
of driver's licenses in the United States, and 10,000 different
agencies can issue birth certificates. Such documents, known as
"breeder documents," are the cornerstones of identity theft. Because
there are so many formats, it's nearly impossible to spot fakes,
and there has long been consensus among the security community that
a driver's license is an unreliable way to identify a person. In
fact, last year, undercover congressional investigators were able
to obtain valid driver's licenses from motor vehicle offices around
the country using fake documents such as doctored birth certificates.
The same investigative team used fake IDs to enter restricted areas
in government buildings and airports in 2002.
The flaws are no secret to
terrorists, says identity theft expert Rob Douglas, who operates
PrivacyToday.com. He's concerned that increased use of passenger
screening lists and watch lists might get most of the attention
in the wake of the 9/11 report — but without addressing the identity
theft issue, all that money and effort would be wasted.
"The way we use driver's
licenses (as identification) at the airport today is silly," Douglas
said. "Watch lists are great, but if [we] don't use them in conjunction
with a secure form of standardized ID, then it just won't work.
If you can't identify people up front, what good is the rest of
it?"
A spokesman for Rep. John
Carter, who authored recently signed legislation enhancing penalties for criminals who commit
terrorist acts using identity theft, said the congressman is weighing
the commission's recommendations, but had not yet taken a position.
Carter had planned on quizzing the commissioners on ID theft issues
at Tuesday's hearings, but ran out of time. Among the questions
Carter planned to ask that didn't get answered: "Many of the hijackers
on 9/11 used false identification. .... Does the commission make
any recommendations for steps that can be taken to target and prevent
potential terrorists from obtaining false documents via identity
theft?
Biometrics seen as
key
Rep. Rob Andrews, D-N.J., who has criticized the nation's
ID system, said he would support legislation requiring states to
add some biometric component, such as a fingerprint or an iris scan,
and in fact, such an idea has been bandied about for some time.
"This is an idea whose time
has come. In fact, it came about 20 years ago," he said. But the
idea is not without political peril. Discussion of federal ID standards
opens a Pandora's box of privacy issues.
"The concern has always been
the possible development of a national ID system or internal passport
requirement for U.S. citizens. And there has been a long-standing
cultural aversion to that approach in this country," said David
Sobel, attorney at the Electronic Privacy Information Center.
He said he was more open
to implementation of some biometric system, but only if there were
severe limitations on what government agencies and corporations
could require. He compared the situation to Social Security numbers,
which were issued with very narrow expectations and are now a de
facto national identifier. "Once the capability exists and there's
this database, every aspect of our lives might suddenly become tied
into that biometric."
Biometrics bring up other
problems too. The systems aren't flawless, says Douglas. "There's
always the initial authentication problem," he said. "You've got
to be sure the person getting the card is truly that person."
Civil liberties advocates
might also bristle at other suggestions in the 9/11 commission report.
It recommends immediate expansion of the US-VISIT program, which
forces foreign travelers to the U.S. to submit to fingerprints.
Currently, the system only covers 12 percent of travelers. The commission
also says U.S. citizens shouldn't be exempt from carrying biometric
passports, and should be forced to show them when re-entering the
country from Canada, Mexico and the Caribbean.
Meanwhile, the report failed
to address another critical area of concern regarding identity theft,
says Rasch — corporate America, the main source of stolen identities.
A recent study completed by Collins indicates that two-thirds
of the time, identity thefts begin with employee theft of data.
Rasch says federal legislation must force companies to guard personal
data more carefully, decreasing the availability of identities that
can be stolen by terrorists.
"We need to have a new regime
of privacy," he said. "Where we can't share information so easily."
Traffic light syndrome
Given the complexity of identity theft, the commission
didn't offer enough details to implement a nationwide system for
dealing with the problem, Douglas said. Still, Douglas, Sobel and
others are worried that the 9/11 commissioners, and apparently a
possible Kerry administration, are pushing for wholesale implementation
of all the report's recommendations — with or without the nuances.
"People are falling over
themselves rushing to implement this before the election," he said.
"It could be similar to what happened with the Patriot Act."
But Andrews said that's highly
unlikely. He expects the administration to focus on creation of
the National Counterterrorism Center and a security czar position.
Identity theft issues, he said, will likely take a back seat, left
for another session of Congress to wrangle with.
"I'm afraid what we'll have
is the syndrome of putting a traffic light at an intersection after
someone is killed," Andrews said. "What will happen is an act of
terrorism will be pulled off by someone with a stolen ID, and then
when that happens there will be a rush to enact this kind of legislation."
Bob Sullivan is the author
of the upcoming book " Your Evil Twin: Behind the Identity
Theft Epidemic ," published by John Wiley & Sons.
© 2004 MSNBC Interactive
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