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Why Fear National ID Cards?
New York Times ^ | 10/13/01 | Allan M. Dershowitz

Posted on 10/13/2001 4:38:36 PM PDT by majic12

October 13, 2001

Why Fear National ID Cards?

By ALAN M. DERSHOWITZ

CAMBRIDGE, Mass.

At many bridges and tunnels across the country, drivers avoid long delays at the toll booths with an unobtrusive device that fits on a car's dashboard. Instead of fumbling for change, they drive right through; the device sends a radio signal that records their passage. They are billed later. It's a tradeoff between privacy and convenience: the toll-takers know more about you — when you entered and left Manhattan, for instance — but you save time and money.

An optional national identity card could be used in a similar way, offering a similar kind of tradeoff: a little less anonymity for a lot more security. Anyone who had the card could be allowed to pass through airports or building security more expeditiously, and anyone who opted out could be examined much more closely.

As a civil libertarian, I am instinctively skeptical of such tradeoffs. But I support a national identity card with a chip that can match the holder's fingerprint. It could be an effective tool for preventing terrorism, reducing the need for other law-enforcement mechanisms — especially racial and ethnic profiling — that pose even greater dangers to civil liberties.

I can hear the objections: What about the specter of Big Brother? What about fears of identity cards leading to more intrusive measures? (The National Rifle Association, for example, worries that a government that registered people might also decide to register guns.) What about fears that such cards would lead to increased deportation of illegal immigrants?

First, we already require photo ID's for many activities, including flying, driving, drinking and check-cashing. And fingerprints differ from photographs only in that they are harder to fake. The vast majority of Americans routinely carry photo ID's in their wallets and pocketbooks. These ID's are issued by state motor vehicle bureaus and other public and private entities. A national card would be uniform and difficult to forge or alter. It would reduce the likelihood that someone could, intentionally or not, get lost in the cracks of multiple bureaucracies.

The fear of an intrusive government can be addressed by setting criteria for any official who demands to see the card. Even without a national card, people are always being asked to show identification. The existence of a national card need not change the rules about when ID can properly be demanded. It is true that the card would facilitate the deportation of illegal immigrants. But President Bush has proposed giving legal status to many of the illegal immigrants now in this country. And legal immigrants would actually benefit from a national ID card that could demonstrate their status to government officials.

Finally, there is the question of the right to anonymity. I don't believe we can afford to recognize such a right in this age of terrorism. No such right is hinted at in the Constitution. And though the Supreme Court has identified a right to privacy, privacy and anonymity are not the same. American taxpayers, voters and drivers long ago gave up any right of anonymity without loss of our right to engage in lawful conduct within zones of privacy. Rights are a function of experience, and our recent experiences teach that it is far too easy to be anonymous — even to create a false identity — in this large and decentralized country. A national ID card would not prevent all threats of terrorism, but it would make it more difficult for potential terrorists to hide in open view, as many of the Sept. 11 hijackers apparently managed to do.

A national ID card could actually enhance civil liberties by reducing the need for racial and ethnic stereotyping. There would be no excuse for hassling someone merely because he belongs to a particular racial or ethnic group if he presented a card that matched his print and that permitted his name to be checked instantly against the kind of computerized criminal-history retrieval systems that are already in use. (If there is too much personal information in the system, or if the information is being used improperly, that is a separate issue. The only information the card need contain is name, address, photo and print.)

From a civil liberties perspective, I prefer a system that takes a little bit of freedom from all to one that takes a great deal of freedom and dignity from the few — especially since those few are usually from a racially or ethnically disfavored group. A national ID card would be much more effective in preventing terrorism than profiling millions of men simply because of their appearance.

Alan M. Dershowitz, a law professor at Harvard, is author, most recently, of "Letters to a Young Lawyer."


TOPICS: Editorial; News/Current Events
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Alan is always advocating some good cause...
1 posted on 10/13/2001 4:38:36 PM PDT by majic12
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To: majic12
Typical Dershowitz... the only interesting thing here is his brief reference to something I haven't heard debated: "optional" National ID cards. An intriguing concept, although not one I think I could support.
2 posted on 10/13/2001 4:40:51 PM PDT by ignatz_q
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To: majic12
I have a passport, what do I need with a national ID card?

And Dersh, anything the government can print, crooks can counterfeit.

3 posted on 10/13/2001 4:40:59 PM PDT by mewzilla
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Comment #4 Removed by Moderator

To: ALAN M. DEARTH-O-WITS

Why Fear National ID Cards?

Uh, because you're for it, Alan.


Socialists in Congress? Click on the zeppelin, Grasshopper.

5 posted on 10/13/2001 4:44:18 PM PDT by EdZep
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To: majic12
Already posted here:

http://www.freerepublic.com/focus/fr/546804/posts
6 posted on 10/13/2001 4:44:58 PM PDT by Fraulein
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To: majic12
"...Alan M. Dershowitz, a law professor at Harvard, is author, most recently, of "Letters to a Young Lawyer."..."

Alan M. Dershowitz is a turd, a witless, simple-minded tool of the enemies of the Republic and a poster child for abortion on demand.

7 posted on 10/13/2001 4:46:07 PM PDT by DWSUWF
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To: majic12
The only information the card need contain is name, address, photo and print.)

Almost all drivers licenses have this now. In Texas we have to be thumb printed and show our social security card.

The feds and the states already have WAY TOO MUCH POWER. I still like the idea of INNOCENT UNTIL PROVEN GUILTY.

GO AWAY ALAN, YOU ARE A THREAT TO MY FREEDOM !!! YOU LOW LIFE SOCIALIST SCUM BAG TRAITOR !!

8 posted on 10/13/2001 4:46:26 PM PDT by unixfox
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To: majic12
Please give me one good use of a National ID card that I cannot get along without.

As far as I'm concerned there is none.

9 posted on 10/13/2001 4:48:01 PM PDT by chainsaw
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To: EdZep
Why Fear National ID Cards?

Uh, because you're for it, Alan.

So are a lot of folks here, strangely.....

10 posted on 10/13/2001 4:49:27 PM PDT by Leroy S. Mort
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To: majic12
Why Fear National ID Cards?

One good reason is that Dershowitz supports them.

11 posted on 10/13/2001 4:49:41 PM PDT by Maceman
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To: LadyX; Billie; Snow Bunny; Yellow Rose of Texas; Clinton's a liar; Nita Nupress
preventing terrorism than profiling millions of men

Alan D you are as bad in Taliban, in overlooking women.

Women can strike TERROR in the strongest of men.

12 posted on 10/13/2001 4:50:23 PM PDT by razorback-bert
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To: Mert
I've leaned in favor of national ID cards if it could be used to make it less tenable for illegal immigrants to just hang around our country. Dershowitz favoring it though is troubling, as the only civil liberties he favors is the Government's liberty to take everything you own.
13 posted on 10/13/2001 4:50:25 PM PDT by Plutarch
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To: majic12
The Social Security number was suposed to be only for collecting payroll taxes and receiving pensions, now every branch of government requires them.

First a "Voluntary" National ID, Then after some disaster, they will become mandatory. Then, like ID cards at some companies that only a masochist would work at, we will be required to keep them pinned to our shirt or jacket.

They won't have to ask for our papers, we will be required to keep them on display.

So9

14 posted on 10/13/2001 4:50:38 PM PDT by Servant of the Nine
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To: majic12
Finally, there is the question of the right to anonymity. I don't believe we can afford to recognize such a right in this age of terrorism. No such right is hinted at in the Constitution.

BZZZZZT. Sorry, Al. All rights not enumerated are reserved to the states, or to the people.

The right to anonymity is as basic as any of the other rights enumerated in the BOR.

15 posted on 10/13/2001 4:51:23 PM PDT by AK2KX
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To: AK2KX
Finally, there is the question of the right to anonymity.

Alan D will charge thousands of dollars to tell his clients to say in answer to "What is your name?" I reserve the right to refuse ....

16 posted on 10/13/2001 5:01:26 PM PDT by razorback-bert
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To: Servant of the Nine
You're exactly right. Don't let them get their foot in the door on this one or eventually it will turn out as you say..or worse.
My understanding is that many of the terrorists had either valid Canandian papers or VISAs. A National ID wouldn't have helped at all.
17 posted on 10/13/2001 5:18:28 PM PDT by patriot5186
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To: majic12
From Jerk-no-witz:
A national card would be uniform and difficult to forge or alter.
Would be MUCH easier to forge and alter because of its uniformity. You would no longer have to figure out which state's ID card to forge, or how to change your equipment to handle more than one state's ID.
18 posted on 10/13/2001 5:20:19 PM PDT by steveegg
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To: LadyX; Billie; ofMagog; COB1; Scuttlebutt; sneakypete; Chapita; harpseal
I have some of the new National ID with any name you want.

Only $49.95 payable in only forty-eight installments at once on a major card.

19 posted on 10/13/2001 5:23:00 PM PDT by razorback-bert
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To: EdZep
Don't forget, Alan was the guy brought in for the appeal just in case O.J. got convicted, which thank god *sarcasm* didn't happen, but if it did, old 'Dersh would have gotten him off on some technicality faster than you can say Jackie Robinbson. He is the man... Perfect guy to help them introduce national microchip ID's to track everywhere you've ever been. .

Now how do they get the microchip imbedded in your skin...??? They'll probaly need Dersh and Cochran for that editorial! BTW, Dersh wrote a great book about the election in Florida and the supreme court, totally unbiased too *sarcasm* Give this man a national ID!

20 posted on 10/13/2001 5:32:43 PM PDT by majic12
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