Security Theater REALized and Flying without REAL ID
Realistically, interactions with secondary screening and law enforcement are not out of the realm of possibility for non-citizens. The power dynamics of the border has now been brought to flying domestically thanks to REAL ID. The privileges of who can and can’t fly are more sensitive now.
Mobile Driver’s Licenses (mDLs)
Many states have rolled out the option for a Mobile Driver’s License, which acts as a form of your state-issued ID on your phone and is supposed to come with an exception for REAL ID compliance. This is something we asked for since mDLs appear to satisfy their fears of forgery and cloning. But the catch is that states had to apply for this waiver:
“The final rule, effective November 25, 2024, allows states to apply to TSA for a temporary waiver of certain REAL ID requirements written in the REAL ID regulations.”
TSA stated they would publish the list of states with this waiver. But we do not see it on the website where they stated it would be. This bureaucratic hurdle appears to have rendered this exception useless, which is disappointing considering the TSA pushed for mDLs to be used first in their context.
Google ID Pass
Another exception appears to bypass state issued waivers, Google Wallet’s “ID Pass”. If a state partnered with Google to issue mDLs, or if you have a passport, then that is acceptable to TSA. This is a large leap in terms of reach of the mDL ecosystem expanding past state scrutiny to partnering directly with a private company to bring acceptable forms of ID for TSA. There’s much to be said on our worries with digital ID and the rapid expansion of them outside of the airport context. This is another gateway that highlights how ID is being shaped and accepted in the digital sense.
Both with ID Pass and mDLs, the presentation flow allows for you to tap with your phone without unlocking it. Which is a bonus, but it is not clear if TSA has the tech to read these IDs at all airports nationwide and it is still encouraged to bring a physical ID for additional verification.
A lot of the privilege dynamics of flying appear through types of ID you can obtain, whether your shoes stay on, how long you wait in line, etc. This is mostly tied to how much you can spend on traveling and how much preliminary information you establish with TSA ahead of time. The end result is that less wealthy people are subjected to the most security mechanisms at the security gate. For now, you can technically still fly without a REAL ID, but that means being subject to additional screening to verify who you are.
REAL ID enforcement has some leg room for those who do not want or can’t get a REAL ID. But the progression of digital ID is something we are keeping watch of that continues to be presented as the solution to worries of fraud and forgery. Governments and private corporations alike are pushing major efforts for rapid digital ID deployments and more frequent presentation of one’s ID attributes. Your government ID is one of the narrowest, static verifications of who you are as a person. Making sure that information is not used to create a centralized system of information was as important yesterday with REAL ID as it is today with digital IDs.
Alexis Hancock is Director of Engineering at EFF. This article is published courtesy of the Electronic Frontier Foundation (EFF).
