DERRICK BROZE
A recently leaked draft of an Executive Order shows the Biden Administration is considering expanding the required use of digital ID's to fight fraud -- a move that is being criticized by privacy advocates and civil liberties organizations. While Biden's plans pertain to infrastructure for digital driver's licenses, similar moves were made by former President Donald Trump under the guise of fighting illegal immigration.
Biden's Executive Order was first reported on by NOTUS after the organization obtained a draft version. The draft viewed by NOTUS calls for federal and state governments to accelerate the adoption of so-called mobile driver's licenses. "It is the policy of the executive branch to strongly encourage the use of digital identity documents," the draft states.
Mobile driver's licenses (mDL), or simply digital driver's licenses are another form of digital identity rolling out across North America in 3 common forms. This includes proprietary apps owned by a local, state, or national government; various state-approved apps like SmartID; and the Apple Wallet, which 4 U.S. states are currently using to host their digital driver's license.
According to a guide to digital driver's licenses, users will open the chosen app, scan the front and back of their physical driver's license, and then verify their identity with a selfie (or similar biometric data). Once verified, the user can began using their digital ID app as they would a physical ID card.
According to NOTUS, the draft order is aimed at addressing the loss of billions of taxpayer dollars relating to fraudulent claims to benefit programs using forged identification documents. The order would mandate federal agencies to adopt a "single government-run identity system, Login.gov, as a gateway to federal websites". The same system would be offered to state and local governments as well.
If adopted this system would fundamentally change how Americans prove their identity online, file their taxes, and access certain websites and services.
NOTUS said they spoke with four people who have seen the draft EO and noted that the text is finalized but "the Biden administration was debating when to roll it out". Another person told NOTUS the text was obtained from a federal agency, and another person who had seen the draft said it "matched a summary that had circulated among stakeholders within recent months".
A White House spokesperson told NOTUS that, "Nothing is final until it's signed by the president."
The Biden Administration has been working on some version of this Executive Order since at least 2022, when Biden promised executive action during his State of the Union address. As recently as March, NextGov reported that Biden was still working on the order.
"We continue to work in this area very rigorously across government," Clare Martorana, the federal chief information officer, told Nextgov at the time. "This is top of mind for all of us. We want to make sure that we accelerate people's use of digital to access government, but safely, securely."
NextGov also reported that Caitlin Clarke, senior director at the National Security Council, similarly outlined the Biden admin's interest in digital identity schemes.
"We are working to identify a number of actions that we believe will have a positive impact on digital identity and identity verification," Clarke stated.
Concerns surrounding digital identities, facial recognition, and the general loss of privacy have been rising since the late 2010s, when the Trump Administration began working on plans for fighting illegal immigration using biometrics.
In November 2020, the U.S. Customs and Border Protection (CBP) proposed a new rule that would dramatically expand the use of facial recognition surveillance at the border. The rule was opposed by several branches of the American Civil Liberties Union, the Electronic Frontier Foundation, Fight for the Future, and other rights organizations.
The CBP posted a notice announcing their intention to collect the faceprint of nearly every single non-U.S. citizen who enters or exits the United States. The rule also applies to children. This faceprint will then be stored on a government database for up to 75 years. This data could then be used by the Department of Homeland Security, foreign governments, and federal, state, and local law enforcement to identify individuals for a variety of purposes.
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