Posts Tagged ‘RFID’
Missouri DOR Subpoena
Please help get the word out – we need thousands of folks to email Senator Kurt Schaefer. Please spread the word.
Concerned citizens from across the State need to email Appropriations Chairman Senator Kurt Schaefer at: Kurt.Schaefer@senate.mo.gov
Please kindly demand that the Department of Revenue be audited over its financial dealings with the federal government and the national Department of Homeland Security!
On the full House Floor this afternoon, one of the budget bills for the Department of Revenue was amended to remove $150,000+ because of DOR’s refusal to comply and work with lawmakers to help them understand what all DOR is doing. This is a start – there is much more being prepared for DOR, the longer they refuse to be held accountable, the worse it is going to get!
House Government Oversight and Accountability Committee in executive session working on HB 787, related to DOR processing CCW endorsements.
Please click here to view the Subpoena to the Missouri DOR
Why are Missouri Lawmakers So Angry At Department of Revenue?
Why are Missouri Lawmakers So Angry At Department of Revenue?
DOR Director Brian Long, and Deputy Director John Mollenkamp, have repeatedly denied any federal dollars involved in the new controversial Driver and non-Driver licensing system. However, the following documents outlines not one, two, or three, – but at least four annual grants DOR has received from the Department of Homeland Security and the Department’s efforts to participate neck & neck with other States in implementing REAL ID “compliance”, while claiming they are not breaking Missouri’s Statutory law making it a criminal offense to participate in the implementation of the 2005 federal Real ID Act (see 302.183 RSMo).
Also note that DOR is violating two additional State Statutes:
Missouri’s Concealed Carry Law has always been maintained to protect citizens’ information to the highest degree possible. To accommodate law enforcement background checks and keep a balanced approach to protecting citizens from any form of firearms registry, Chapter 571. RSMo prohibits anyone from compiling or accessing information that is limited to local county sheriffs. DOR’s new procedures have created a significant affront to the gun rights community by violating these laws.
While citing 32.090 as authority to scan source documents, they fail to point anyone to the very next provision which does in fact limit DOR’s practice by expressly prohibiting the collecting of individually identifying information on citizens without specific statutory authority. (Which has never been given.)
32.091.7. The department of revenue shall not collect from persons applying for any driver’s license issued by the department any information by which such persons can be individually identified, unless the department has specific statutory authorization to collect such information; nor shall the department of revenue include on any driver’s license, in print, magnetic, digital, or any other format, any information by which an individual may be identified, unless the department has specific statutory authorization to include such information.
Here are two revealing documents exposing the financial and compliance reporting relationship between Missouri DOR and the National Homeland Security. DOR heads have dodged, skirted, danced, avoided, and ignored multiple questions about their involvement with Homeland Security. To quote multiple lawmakers, “they have outright lied to the Legislature and they have lied to the citizens of Missouri”! Please take time to examine these documents.
One document is a 20 page report from the Center on Immigration Studies (identifies at least two federal grants in the amounts of $700,00+ and $2.99+ million); http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id-2012.pdf
and the second, a 35 page document, is a 2012 Congressional Report from the Department of Homeland Security (specifying the uses of four DHS grants 2008-2011), expose DOR’s secretive and unethical pattern of lies and deceitfulness; http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id.pdf
The 2012 Congressional Report from the Department of Homeland Security was produced by the DHS (U.S. Dept. of Homeland Security) and compiled from States’ reports to DHS on their respective States’ transition to REAL ID. It is important to note that the Missouri Department of Revenue has obviously participated in making progress reports to DHS, while at the same time pretending to the citizens of Missouri in general, and more specifically withholding the truth about their efforts from State Lawmakers!
Here is a simple rundown on many of the details you will find in the 2012 DHS report document: http://missourifamilynetwork.net/wp-content/uploads/2013/03/real-id.pdf
- Page 3 outlines the 18 “Material Compliance Benchmarks” DHS has established to standardize, federalize, and create a uniform national ID system known as REAL ID.
- Page 7 charts the 50 States and additional Territories based on their number of “benchmarks” met. Missouri DOR reports 15 out of 18 “benchmarks” were compliant before last fall (2012).
- Also on Page 7-8 is a point made that DHS annual Grants (originally denied by DOR) go back to 2008 – making at least 4-5 grants to date from DHS to Missouri DOR.
- Pages 9-11 explains Missouri DOR’s 15 “benchmarks” in comparison to the other States and Territories.
- Pages 11-12 shows that the three “benchmarks” not reported to be in compliance with, was not even required to be reported on. (Thus having the least known reported compliance!)
- (Based on the lack of required reporting, no one but secretive DOR agents has any real idea if in fact Missouri is in compliance or not.)
- Page 15, paragraph 3, (last two sentences) makes it clear the Missouri DOR can use grants while claiming they are not participating in REAL ID directly, as long as they are moving that way.
- Page 17 explains the planned basic “infrastructure” for data networking and sharing, despite DOR’s insistence to the contrary. (Raises MAJOR concerns about scanned documents security.)
- Page 20 clearly states that Missouri DOR has signed a “Memorandum of Agreement”, “as required by the REAL ID Act” of 2005. (Which DOR claimed not to be doing.)
- Page 22 plainly reports that the “DHS is funding the instillation of the EVVE (Electronic Verification of Vital Events) network interface.
- Page 23 shows that according to MO DOR’s report, Missouri is in fact “on-line with EVVE.
- Page 27 “Assistance to States” says “DHS is using “multiple mechanisms” to provide assistance…” to States “intended to meet or “be comparable to”, REAL ID requirements”.
- Page 27 also defines how DHS accepts State’s “Compliance Determinations. (States are not required to meet or exceed REAL ID regulatory requirements as long s they are “comparable”.
Lies?: For at least 4-5 years The Missouri Department of Revenue has been deceitful and has employed various tactics to mislead members of the State General Assembly and the citizens of Missouri!
Over the last month we have uncovered a pattern of documented lies which cast a dark cloud of distrust and angst over the agency. Clear-cut and documented lies include (but not limited to):
- DOR repeated claims that it has not received any federal funding for the new “enhanced” or “secure” driver license and non-driver license cards (including CCW endorsements).
- DOR now admits that they have received “limited federal funding for minor items” (expensive hole punches), when in fact DOR has received millions for extensive REAL ID compliance.
- DOR has created the illusion that recent controversial revelations are relatively new – when annual grants from the Department of Homeland Security (DHS) go back to 2008 (at least).
- DOR repeatedly claimed they are not working to implement ”Real ID” when in fact DOR now spin admissions that they are doing so “on our own” not ”with” the federal government.
- DOR maintains claims that they are not working with the National Department of Homeland Security, when DOR is reporting to DHS their “benchmark” compliance reports.
- DOR had reported to original inquiries from lawmakers that no data on Missouri citizens was being sent out of state – when in fact DOR now admits is the daily procedure.
- DOR has responded to concerned inquiries from lawmakers, via email, that all data being sent out of state is deleted – when in fact they now admit no verification protocol exist.
- DOR first stated to many lawmakers that all Missouri citizens’ personal ID information (scanned source documents) are being destroyed – now admitting it is being stored permanently.
- DOR has emphatically stated over and over that biometric data cameras and photos are not being taken/used – but now have testified under oath that this is in fact the new procedure.
- DOR has led everyone to believe the old processing equipment was in need of replacing, but has now admitted that the equipment was working just fine with normal repairs.
- DOR claims the only reasons for upgrading equipment has been for citizens security, but now admits equipment upgrades are driven by “compliance” with the national REAL ID Act.
- DOR says they are not implementing REAL ID under federal control (a clear violation of State law) but now admits voluntarily enacting all required “benchmarks” to be “compliant”.
- DOR claims to have Statutory authority for the new controversial program being implemented, but only points to a provision in the state budget (which has no Statutory authority).
DOR’s Most Comprehensive Response To Date (that we know of) Still Fails to Address The Bulk Of Concerns And Questions
“The Department of Revenue receives information related to the license and the card. The protection of this information is controlled by the Driver’s Privacy Protection Act (Sections 32.090 and 32.091, RSMo). With these protections in mind, several years ago the Department began working in a system that is both cost effective and able to ensure that information remains confidential. The changes in the driver license and the issuance process are being put in place to protect Missouri citizens from criminals who want to obtain or produce forged copies of the licenses and identification cards to steal or manufacture identities.
“In conjunction with the Office of Administration, and through the state purchasing procedures, the Department has signed a contract with a vendor to both replace some aging equipment and to issue secure licenses and identification cards to Missouri citizens. The contract is between the state of Missouri and the vendor—no other entity mandated this contract. Furthermore, the vendor does not receive any scanned source documents. The vendor only receives data that is printed on the license itself, such as name, address, sex, height, weight, etc., and deletes the data one week after the document is printed.
“To specifically address some of the concerns, the license does not include any radio frequency identification (RFID) chip; the license does not include a magnetic strip; and no information is being transmitted to Homeland Security or any other federal agency. The license and identification cards, however, include two bar codes. The purpose of these barcodes is specifically explained on the Department’s website: one contains the same information as appears on the front of the card along with the county of residence of the license holder and the second is for inventory control only.
“For more information, you may go to the Department of Revenue New Missouri Driver Licenses and Nondriver Identification Cards frequently asked questions at http://dor.mo.gov/faq/drivers/newlook.php
We are striving to discern the facts surrounding this DOR controversy. While many unsubstantiated claims have been made against DOR, it is apparent that the teams installing the new processing equipment in local license offices around the State had been providing confusing answers to LLO personnel’s questions. Perhaps these people have assumed everything in Missouri was the same as in other states installing REAL ID systems, not aware that Missouri is only “complying”? Whatever the case behind some of the false understandings, we do know that DOR has not been willing to be forthcoming with either the citizens, local license offices, or even the General Assembly. We apologize for any information we have distributed that is incorrect and renew our commitment to report facts and clarify unknowns as outstanding questions.
In response to two confused issues: Originally, LLO personnel had been instructed to change past procedures of “flagging” questionable or suspected individuals processing driver licenses. The new procedure was to automatically identify all persons using USPS Post Office address as potential “fraud alerts”. This practice was dropped within two days after this controversial story emerged. The second issue is that originally all local license offices were provided an access code to gain entry to the data base of scanned documents (managed by Oracle, the private vendor contracted to manage this database). Once criticisms of potential security risks came to light, DOR cut off LLO access to this database. (The database has not been destroyed or deleted as some reports claimed.)
As far as we understand at this point: MorphoTrust USA is the private vendor processing Missouri driver license cards. They receive at least (?) the “folio” files on Missouri citizens seeking driver license cards. The company is based in New Jersey (?) but their processing facility is located in Atlanta, GA. (L1 is an older DOR contract vendor that was acquired by Identity Solutions. Identity Solutions was later acquired by MorphoTrust USA. Various equipment bares any of these three names.) MorphoTrust USA is a SAFRAN company, and SAFRAN is a huge international business based out of Paris, France. The second private vendor with DOR is Oracle, which is charged with the maintaining the platforms for the database containing all the scanned source documents. (Both companies are represented by lobbyist Richard McIntosh, listed by the Missouri Times as number 12 on the 20 most influential individuals with the Nixon Administration.) (?)
One of many questions that has not yet been adequately aired is, “why are citizens not told their documents are to be scanned before they know what is happening”? We have heard from hundreds of angry citizens and they all share the same opening to their stories, that they were never told until afterwards (and only then when asking questions) that their documents were scanned. No one has yet to report that they were ever given an option to cancel or pause the transaction until they understood what would occur!
Thank you for your service to the Great State of Missouri.
Local License Offices
Below is a list of remaining Local License Offices that have not been retooled with the new processing equipment for scanning citizens source documents.
Until full discovery is complete and we clearly understand what is going on, including why DOR has not been transparent about new procedures, citizens
may continue to process driver and non-driver license (CCW) cards at these LLOs. Anyone whose CCW Endorsement or Driver License is up for renewal
within 6 months may go to any LLO in the State to get a new license card under the old process as long as the equipment has not yet been upgraded. Any
original CCW endorsement applicants or renewals must still have completed all pre-qualifications and have the approved certificate from your Sheriff.
The dates listed for each office to be retooled are the dates provided to Missouri Family Network by the LLOs from our individual phone calls and inquiry.
Here are the remaining 47 Local License Offices using the old process for licenses, and expected dates for them to be retooled:
CITY PHONE SCHEDULED DATE ADDRESS
Branson (417) 334-2496 MARCH 15th 1447 C ST HIGHWAY 248
Moberly (660) 263-4447 NEXT WEEK 209 N CLARK
Ozark (417) 581-2955 NEXT WEEK 103B W CHRUCH ST
Paris (660) 327-4382 NEXT WEEK 112 S MAIN ST
Ava (417) 683-2700 NEXT WEEK 304 NW 12TH AVENUE
Hartville (417) 741-6288 MARCH 18th 398 S MAIN, STE. B
MonroeCity (573) 735-4585 MARCH 18th 109 SECOND ST
Forsyth (417) 546-3085 MARCH 19th 210 SHADOW ROCK DR
Lakeview (417) 272-8815 MARCH 19th 11016 E ST HWY 76 BRANSON WEST
Nixa (417) 725-9697 MARCH 19th 214A VILLAGE CENTER RD
Shelbina (573) 588-7790 MARCH 19th 201 FAIRGROUND RD
Macon (660) 385-3416 MARCH 20th 210 N RUBEY
Gainsville (417) 679-4117 MARCH 21st 201 HIGH ST
BowlingGreen (573) 324-0555 MARCH 22nd 1420 BUS HWY 61 SOUTH
Monett (417) 235-6678 MARCH 22nd 200 E BROADWAY
Louisiana (573) 754-6864 MARCH 26th 202 SOUTH 3RD, STE. 113
Republic (417) 732-7557 March 27th 243 US HIGHWAY 60 WEST
Springfield (417) 869-5100 March 29th 149 PARK CENTRAL SQ. RM 252
Bolivar (417) 326-5194 END OF THE MONTH 930 E SAN MARTIN ST
Alton (417) 778-2004 END OF THE MONTH RT. 2, BOX 2592
Elsberry (573) 898-2213 END OF THE MONTH 106 NORTH 3RD, STE B
MountVernon (417) 466-4087 END OF THE MONTH 1 COURTHOUSE SQ. FL #2
Vandalia (573) 594-3131 END OF THE MONTH 200 E PARK
WestPlains (417) 256-0678 END OF THE MONTH 1504 PREACHER ROE STE. 4
Linn (573) 897-4012 APRIL 1st 1200 E MAIN
Mexico (573) 581-2665 APRIL 1st 201 N ABAT
MountainView (417) 934-2387 APRIL 2nd 119 PINE ST.
Cabool (417) 962-5990 APRIL 3rd 519 SPRUCE AVE
Hermann (573) 486-3212 APRIL 3rd 312 MARKET ST
Gallatin (660) 663-5440 After April 1st ? 400 N MAIN ST, STE. 1
Houston (417) 967-3878 1st WK. IN APRIL 1591 N HWY 63, STE B
MountainGrove (417) 926-3333 1st WK. IN APRIL 807 N MAIN ST., STE 5
Marshfield (417) 468-5100 1st WK. IN APRIL 101 E JEFFERSON
Owensville (573) 437-4182 APRIL 8th 1106 W HIGHWAY 28
Licking (573) 674-1232 APRIL 8th 104 E HIGHWAY 32
Malden (573) 276-5006 APRIL 9th 106 W LACLEDE ST
Buffalo (417) 345-2334 APRIL 13th 945 W DALLAS
Osceola (417) 646-2901 2nd WK. IN APRIL 260 BUS. HWY 13
MontgomeryCity (573) 564-3033 NEXT MONTH 652B S STURGEON
Troy (636) 528-6533 NEXT MONTH 850 E CHERRY ST, STE. D
Glenstone (417) 831-2600 “NEAR FUTURE” 1002 S GLENSTONE SPRINGFIELD
Crane (417) 723-8552 “PRETTY SOON” 103-2 SOUTH ST
WillowSprings (417) 469-3944 UNSURE 112 E MAIN ST
SouthFremont (417) 823-8484 UNSURE 3061 S FREMONT SPRINGFIELD
Palmyra (573) 769-3264 REFUSED 100 S MAIN ST
Thayer (417) 264-3001 CLOSED WED 151 E WALNUT
Eminence (573) 226-3114 Unsure 116 N MAIN
CCW & DOR UPDATE – MFN E@lert – Dept. of Rev. Violating Law!
Department of Revenue Controversy Continues:
Upcoming Events – Update From This Last Week – What YOU Can Do!
Monday, March 11, 12 noon. The Missouri House Government Committee on Accountability will hold a special hearing to take public testimony on DOR’s recent changes and on House Bill 787. This bill was introduced last week in response to the breaking news that DOR is collecting and scanning source documents without Legislative/Statutory authority. HB 787 Prohibits the Department of Revenue from retaining copies of source documents used to obtain driver’s licenses and non-driver’s licenses. It is sponsored by Representative Todd Richardson (R-152) and Speaker of the House Tim Jones (R-110) along with 36 other House members. The hearing will be in HR 1 which is in the basement of the Missouri Capitol building. Concerned citizens are encouraged to attend and/or testify.
Tuesday, March 12, 2013. Judge Rob Mayer will be conducting a judicial hearing related to a civil court case filed last Monday morning (3-04-13) in court in Stoddard County, Missouri. Again, concerned citizens are encouraged to attend.
Wednesday, March 13, 2013, 8:30 am. The Missouri State Senate Appropriations Committee will be holding a special hearing focused on questions directed to the Director of the Missouri Department of Revenue, Brian K. Long.
Update From This Last Week:
3-09-2013 - Update on Missouri Department Of Revenue Violations of Law - CCW Endorsements, Driver’s & Non-Driver’s License Applications and Renewals.
2-27-13 Missouri Family Network broke the story related to us by Local License Office personnel (received phone calls, verified by phone contacts made to additional fee offices). Following multiple phone contacts and repeated questioning of LLO personnel, MFN brought testimony before the Missouri Senate Transportation Committee in the context of a public hearing on SB 252. At first the confidential informants speaking with us thought they were in a position of an ethical breach of the public trust. After some brief research we informed them that the concerns were much greater and that if their stories were true, DOR was in direct violation of various laws of the State of Missouri. At that time we went public with what we still believe to be serious violations of State Law by the Department of Revenue. In our testimony we outlined the allegations reported to us from LLO personnel who are fearful that they are being required to break the law under DOR directives. Outlining 32.091.7 RSMo we detailed the first two clearly stated laws being broken under chapter 32 of Missouri law.
3-01-13 MFN released our first MFN E@lert explaining the situation to our email list. Outlining the “Recent History Backdrop”, “New Developments”, legislative events of “This Week”, and “Immediate Action Needed”, we asked for citizens to call upon lawmakers in Jefferson City to request DOR be held accountable. (This was at 9 am on Friday, March 1st.) Later in the day we were contacted and told more specific details related to the CCW endorsement processes now being implemented by DOR. By 5:45 pm we were compelled to update our original E@lert to include these important facts. At that time we also included a 15 point list of common questions we were being bombarded with throughout the day. (These MFN E@lerts seems to have ignited a fire which has put DOR into a spinning damage control mode.)
3-09-13 MFN now needs to bring you up-to-speed on the events of the week and clarify a host of misconceptions. We also need to restate the known facts from the assumptions and unclear information. Thus the following update: (Rather than rewriting a lengthily treatise, allow us to refer you to the materials below contained in the first MFN E@lert and later Update.)
FIRST AND FOREMOST – DOR is in fact (confirmed beyond question) retooling fee offices and requiring scanning of citizens’ source documents in violation of 32.091.7 RSMo and 302.183 RSMo, which according to 302.340 RSMo constitutes a class A misdemeanor for each day’s offense. (see these laws reprinted below)
Source documents are being required and scanned for CCW endorsements or endorsement renewals beyond the background checks, certifications, investigations and other guidelines required under Missouri’s Concealed Carry laws, and appear to be in violation of 571.101 RSMo and related Statutes (due to volume constraints, not reprinted here).
The lawsuit filed last Monday morning (3-04-13) is very surgical. It only involves the one license office where a single individual took the initiative to refuse to have his documents scanned in order to receive his non-driver’s license card with a CCW endorsement. He filed a civil suit and Judge Rob Mayer in turn served a temporary restraining order (TRO) against that single office, regarding that single activity. A hearing is scheduled in court for March 12th where more decisions can be made after initial discovery of facts can occur.
Missouri State Statutes specify that the “director of revenue” (which includes all fee office personnel) “is merely acting as a scrivener for any determination made by the sheriff that the person is qualified for the [CCW] permit.” (571.121.2 RSMo) DOR has absolutely no investigative authority and is in violation of basic Second Amendment rights by adding additional burdens upon citizens by unilaterally adding these requirements to the CCW endorsement process.
Fact: Confirmed from three separate levels of cross-references – The new equipment being installed in all 183 local license offices (fee offices) comes from MorphoTrust USA (a Safran Company) that can be confused with L-1 Identity Solutions following their acquisition of L-1 IS. Visit: http://www.morphotrust.com/site/search?query=L1+Identity+Solutions and click on the press release entitled “Safran completes the acquisition of L-1 Identity Solutions Becomes …” to see their boast “Safran completes the acquisition of L-1 Identity Solutions Becomes world leader in biometric identity solutions (Paris, July 26, 2011).
Unclear: We have been told (and all explanations to date concur) that the photos now being taken with MorphoTrust equipment for Driver’s and Non-Driver’s (including CCW) cards are “biometric” photos (which is why operation instructions include “DO NOT FOCUS OR ADJUST CAMERA LENS”). DOR refutes this issue. If it is true, this is in direct violation of provisions of 302.183 RSMo. MFN is trying to confirm one way or the other as MorphoTrust specializes in “biometric” photo equipment.
From “Intelligent Authentication at the Edge, The New Generation of Biometric Smart Devices for Access and Workforce Management” a white paper accessible from MorphoTrust’s web site http://www.morphotrust.com/upload_files/0000/0809/L-1_WP_-_Intelligent_Authentication_at_the_Edge.pdf – “Until recently, some of the biggest challenges associated with physical access authentication had been that these devices did not integrate well, there was no centralized way to manage them, and systems quickly became outdated. Additionally, there was very little synergy between building control systems, time and attendance, and building communications. However, thanks to the increasing popularity of biometric APIs in addition to modern development platforms, this is rapidly changing. Platforms such as Microsoft .Net, SQL Server, and Oracle Database enable cross-platform development and biometric interoperability among various platforms.
And, biometric vendors have begun to build authentication devices that are central to building security, communications, and employee management.
Fact: Scanned documents and/or data is now being managed by Oracle Database management. Any direct connection with MorphoTrust is unknown but they both have the same lobbyist firm that represents them in your State Capitol, Flotron & McIntosh Strategic Governmental Consultants. To our knowledge these lobbyist nor these companies they are representing have done anything wrong by being available to governments wishing to contract services. It is the Department of Revenue that has broken the law and the public trust!
Unclear: The Department of Revenue keeps saying that the only information on the data strip on the back of our driver license cards is only the same as the information printed on the front of the card. According to fee office personnel, they have been told there is a reference number in that data strip that ties back to Oracle’s database. DOR repeatedly denies this.
However, in at least one statement released by DOR officials there actually is an additional item, an “inventory control” number (?). “The license and identification cards, however, include two bar codes. The purpose of these barcodes is specifically explained on the Department’s website: one contains the same information as appears on the front of the card along with the county of residence of the license holder and the second is for inventory control only.” “Inventory Control” number?
Fact: LLO personnel were notified on Monday (3-04-13, 5:03 pm) that they were being blocked out of access to the Oracle database system. Until then each office was given an access code in which they could see all records scanned into the system. This is despite the claims of DOR that these scanned documents are being deleted after license cards are processed.
This contradiction in information is no longer documentable other than dozens of employee testimonies to the contrary. Monday’s “Special Announcement” from DOR states “Until further notice, license offices will no longer have access to Oracle MEDL documents (driver license field scanned documents).” This printed announcement verifies documents are in fact being scanned, are in fact sent to Oracle for database management, are in fact accessible, and that LLO personnel had originally been trained in accessing the oracle database!
Fact: On Friday of last week (3-01-13) all LLOs were instructed to disregard earlier instruction to flag ALL citizens using US Postal Boxes rather than physical address with the new system’s automated “fraud alert”. This is verified through testimony of various LLO personnel.
Fact: There was a significant illegal operation at a specific fee office in St. Joseph, Missouri in which hundreds, if not thousands, of driver licenses were knowingly issued in exchange for cash payments. This case is being cited as the/a reason for the current retooling of our fee offices. So, because a few criminals broke the law (and were caught in the act) all honest law abiding citizens must now be treated as criminals, having our privacy rights invaded by state government? And this is supposed to offset the statutory violations of the DOR?
Fact: DOR representatives (at least some) are outright lying by telling lawmakers and citizens that no scanned data is being sent out-of-state. Neither private contractors, MorphoTrust USA (who is now processing your license cards) nor Oracle (contracted to manage the data) are based in Missouri. It is an affront that anyone in DOR would use such a ridiculous line of reasoning to spin this controversy as they engage in sloppy ‘damage control’. A DOR web site states that these new driver licenses are processed “at a secure U.S. facility” because there are no companies in Missouri capable of producing the type of technology incorporated in these cards. Every indication points to Atlanta, GA.
Unclear: LLO personnel have reported being told clearly of connections to National Homeland Security (NHS) and RFDI chips implanted in license cards. They have been told of the reference numbers included in the “data strip” (inaccurately referred to as “magnetic” strips by some, including MFN) and on an RFDI chips imbedded in cards. DOR strongly refutes these allegations and we do not have confirmation one way or the other. However, why contract with a major international database management company to handle scanned documents that are supposedly being destroyed by the license card processing company? If the need exists to contract with such a database management company, what good is it to have such data available if you cannot tie the data back to the individual? If DOR is being honest there are several such questions. If they are not being honest – they are in direct violation of the second provision of 32.091.7 RSMo and Missouri’s specific laws against participating in the federal RealID Act of 2005, 302.183 RSMo.
Unclear: Connections to National Homeland Security. DOR denies any connection to NHS, even though LLO personnel repeatedly say they have been told this is where the funding for all the new equipment has come from. This is one of the more compelling issues that must be settled. If NHS did not provide the grant funding LLOs have been told about, where did the funding come from? There are five major pieces of equipment related to retooling; scan board, computer, scanner, printer, and camera. They are all tagged with MorphoTrust USA or Identity Solutions tags. However, an additional change in procedure requires a minor tool. The decision was made to start returning expired license cards (except those with a CCW endorsement, which are being confiscated – [a possible Equal Treatment issue?]) as a part of the new licensing process. This includes punching a hole in the expired license card. So each LLO that has been retooled has been provided a high quality commercial hole puncher. Oops… It seems that every hole puncher being handed out, to date, has a white sticker on the bottom clearly printed in black ink “Purchased with funds provided by U. S. NHS -222”. !!! Did someone forget to check ‘everything’ for labels? (There are multiple LLO photos showing this curious label.)
Gov. Jay Nixon first appointed Alana Barragán-Scott to be his Director of the Department of Revenue in 2009 where she served up to December 13, 2012. In December the Governor appointed her to the Administrative Hearing Commission. In doing so the Governor also named Brian K. Long as the new director of the Department of Revenue. Long’s background includes serving as the budget director for the State of Missouri as well as serving as the chief operating officer for a $1.5 billion insurance receivership. This change in leadership means that director Barragan-Scott is responsible for setting up this new licensing and CCW endorsement system. Director Long now holds the bag and will either help sort out the facts, or he will play ignorance while shrugging his shoulders, or he will continue down the path he has started on and deny what multiple employees and contractors are trying to expose. (?)
As of today (Saturday, March 9, 2013) approximately 2/3rds of the State’s 183 LLOs have been retooled and can no longer process licenses or CCWs (by directives of the DOR). If the three offices were in fact restructured on Friday, March 7th, as planned (Memphis, Carthage and Ironton), there remain 63 local license offices that can still process your CCW and/or driver’s license with the old equipment (not scanning any documents). According to what we have been told citizens may renew expiring licenses up to six months in advance of the actual expiration date. So if your birthday is between now and September 10-30, you can travel to any remaining license offices to renew before they are retooled. We do not have a schedule for these remaining 63 offices, so you should call any office to confirm everything before traveling. You will be able to find addresses and phone numbers by going to: http://dor.mo.gov/offloc/ All LLOs are scheduled to be retooled and scanning by April 1st, 2013. Here are the locations not yet retooled:
Kahoka Sarcoxie Salem
Monticello Joplin Viburnum
Palmyra Neosho Rolla
Hannibal Pineville Waynesville
New London Cassville Lebanon
Monroe City Branson Hartville
Shelbina Forsyth Nixa
Macon Lakeview Ozark
Moberly Crane Ava
Paris Monett Gainsville
Bowling Green Aurora Thayer
Elsberry Mount Vernon West Plains
Louisiana Republic Alton
Vandalia Springfield Willow Springs
Mexico South Fremont Mountain View
Linn Glenstone Eminence
Hermann Marshfield Cabool
Troy Buffalo Mountain Grove
Montgomery City Bolivar Houston
Owensville Osceola Licking
Keytesville Gallatin Malden
What YOU Can Do!
1. Plan now to attend one of the two special hearings in Jefferson City on Monday and Wednesday of this coming week. Or Attend the court hearing in Stoddard County Court House on Tuesday.
2. Check your CCW and driver’s license. If they are expiring within the next six months, call to confirm and get to a fee office ASAP to renew while you can without intrusive government scans.
3. If you have had your source documents scanned without your express permission, please call us at 314-971-2477 to make plans to come to Jefferson City to talk to lawmakers about the experience.
4. File a civil lawsuit! If you had documents scanned, or refuse to allow it to be done, talk to a local attorney about filing a civil suit. Nothing gets more attention and response than a court summons!
5. Keep calling your lawmakers and demanding answers and a reversal of the DOR’s offensive attempt to circumvent the law and the trust of the citizens of the Great State of Missouri.
6. Let your local fee office employees know how much you appreciate their service to the community – they need to know we are not upset with them personally, that they are under DOR’s directives!
7. Communicate with Lawmakers in Jefferson City that they keep looking for solutions while striving to hold DOR officials accountable. The vast majority of lawmakers are very upset with this!
8. Wright “letters to the editor”, call radio show hosts, speak up in public forums & in the public square. Do not allow these invasions of privacy to go unchallenged – your grandchildren need you!
9. Organize friends to collect funds to help those willing to file law suits! Support those willing to fight on the front lines with more than a pat on the back – mere words and sentiments don’t pay bills!
10. Pray for us on the front lines of this battle as we become targets of anger and angst. We are under pressure to reveal whistleblowers who have contacted us, but we are committed to protect them.
|3-01-2013, (5:45 pm) - UPDATES On DOR Violations of Missouri State Statutes – Followed by our original post for easy forwarding. (hint – hint)
Please Note: All of the information below INCLUDES ALL CCW ENDORSEMENTS !!!
Because CCW endorsements are either processed and included with your driver’s license, or on a DOR issued Non-Driver’s license, ALL of your original source documents including the CCW certificate issued by your County Sheriff is now being scanned and send into the National Homeland Security federal database!
Second Amendment groups need to look into this and help spread the word!
Here are the common questions we are receiving and their answers: (note many questions are coming from Facebook posts of those who have not seen the details at www.MissouriFamilyNetwork.net
1. What is our source of information on this breaking news? Our information is coming from confidential sources who work in local license offices, but who are scared to go public.
MFN E@lert – Dept. of Revenue Violating Law!
Missouri Department of Revenue Operating In Direct Violation of State Statutes !
See IMMEDIATE ACTION NEEDED: Below
Non-Drivers Note: All references in this E@lert to driver’s licenses also include all non-driver’s license IDs.
RECENT HISTORY BACKDROP:
Through MFN’s past 28 years of work at the Missouri State Capitol, dealing with a broad scope of public policy, we have worked with efforts on a variety of occasions to help reign in the Missouri Department of Revenue. Every decade we have had to work hard to pass laws limiting the efforts of DOR’s Driver’s License bureaucracy to collect, record, imprint, violate religious liberties, or even commercially sell citizens’ private information, or to otherwise intrude upon the privacy rights of the citizens of Missouri. MFN has worked to:
- prevent DOR from adding your bank account numbers and other invasive details to their driver’s license files
- prevent DOR from including unnecessary and intrusive personal information on the magnetic strip on your driver’s license card
- prevent DOR from selling your personal information on the commercial market
- prevent DOR from mandating your driver’s license number to be the same as your Social Security number if you request otherwise
For those who have followed our work in more recent years you will remember how we have taken on DOR in a completely different arena as the tax collections division began taxing churches under the “Out of State Entertainers Tax” provisions of law. While we were successful in that fight also (HB 470, 2011) it had nothing to do with the driver’s license battles outlined above.
Those individuals holding a CCW endorsement may elect to have that endorsement printed on their driver’s license or they may opt to have a second and independent CCW card rather than having the CCW endorsement printed on their driver’s license. This was part of the thirteen year legislative debate regarding concealed carry law and had nothing to do with any disputes or debates with the Dept. of Revenue.
MFN’s involvement in the 15 or 15 ½ year old learner’s permit laws with parental guidelines has never been a part of conflict with DOR. Nor has MFN’s efforts to support better enforcement standards related to driving under the influence of alcohol or drugs been opposed by DOR.
In keeping with restrictions in State Statutes, and faced with federal encroachments of the 2005 Patriot Act, the Missouri Department of Revenue has been requiring Missouri citizens processing driver license applications and renewals to present what is commonly referred to as “source documents” to prove identity and residency. These required documents include birth certificates, Social Security numbers (in violation of original federal laws related to them), and any documents tracing legal name changes such as marriage and/or divorce documents. Alternative military documents are acceptable when applicable.
Despite assurances to the public that providing these source documents would be a “one time” imposition, last November DOR announced that those who had already been processed using these documents would have to do so again the next time they renewed their driver’s license. Why? Until recently your local licensing office has been directed to simply check off boxes on processing forms that a license or renewal applicant has produced and shown each of these source documents. However, we now understand that DOR has changed this process in direct violation of Missouri State Statues and is once again violating your personal privacy rights! Without seeking statutory approval, or even informing lawmakers or any legislative oversight – DOR has been retooling your local license office! They have been doing this without explaining themselves to the general public, and according to confidential sources they have been trying to avoid public scrutiny even to the point of refusing questions from local license office personnel!
One by one DOR has been removing the State’s driver’s license processing equipment from local offices and replacing it with equipment provided by National Homeland Security equipment. Local license office personnel are being instructed to use this equipment (in violation of State Statutes and citizen’s privacy). Once installed this equipment is used to take your picture for your driver’s license similar to the removed State equipment. But now your photo is being immediately sent into a national database. Then all of your source documents are being scanned with this equipment and sent into the federal governments central database also! This is contrary to Missouri Law! With DOR removing the state’s equipment, your local licensing office has no options but to comply.
Additionally we are hearing from some folks that any and all additional documents, brought in by individuals unsure of what is needed for processing, are being scanned and included. And, if you are one of the thousands of citizens who only use a post office box rather than a physical mailbox, you are automatically labeled with a fraud alert!
To make matters worse. You will no longer receive your driver’s license on the spot as has been with the state’s efficient equipment. Instead you will be provided a “temporary” license until your permanent one arrives in the mail from a third party vendor. What is unclear is who is paying the third party vendor, apparently in a seeming ruse to make it look like everything is being directed from within the State. We believe this is to distract attention from the involvement of the federal Homeland Security and their issuance and/or control of everyone’s new “Enhanced Driver’s License” (see Homeland Security website page enclosed below). Note the primary purpose of all this is to include a readable chip in your driver’s license which leads back to a federal government database containing a variety of details and information violating your privacy rights and the religious convictions and liberties of those who hold such beliefs.
On Wednesday of this week, February 27, 2013, the Missouri Senate Transportation Committee held a public hearing on Senate Bill 252 (http://www.senate.mo.gov/13info/pdf-bill/intro/SB252.pdf) which seeks to strengthen current laws against what DOR is doing. SB 252 was introduced by Senator Will Kraus (republican, Dist. 8, Lee’s summit). During the hearing MFN was the only witness to provide public testimony on the bill. In that hearing MFN President Kerry Messer quoted one of the State Statutes prohibiting DOR from doing the things now being required of local licensing offices. MFN outlined some of the direct violations of law DOR is engaged in. MFN outlined the illegal changes in DOR procedures, testifying (in part):
“Missouri Revised Statutes, Chapter 32.091.7 clearly states two prohibitions on the Missouri Department of Revenue without “specific statutory authorization”. First is that the Department “shall not collect” individually identifying information on driver’s license applicants, which the Department is requiring of local license offices by requiring them to scan personal source documents without any other options for processing driver’s licenses. Secondly the Department is prohibited from including “any information by which an individual may be identified, unless the department has specific statutory authorization”, which is also being violated by the Department. In this second violation the Department is requiring local licensing offices to provide scanned documents to a federal database that can be cross-referenced through an embedded microchip containing a personalized reference number that may be used to access whatever prohibited information the federal agency chooses.”
Yes, that’s right, not only is the magnetic strip once again being used for improper purposes, but now DOR is authorizing an RFID chip to be implanted into your license card! While Homeland Security claims this is secure because only a reference number will be on the chip, this individualized number traces back to the federal government’s file containing all your source documents (and who know what else). Citizens’ confidence in this security is understandable questionable in light of the common news reports of computer hacking, including government databases. The fact that your new “Enhanced Driver’s License” comes in a protective slip cover to minimize illegal readings is of little comfort.
IMMEDIATE ACTION NEEDED:
Because the Department of Revenue has been retooling your local license offices without legal State Statutory authorization, they have not informed your elected Representative or Senator about their activities. Thus your elected officials do not know what is going on. Additionally, due to the loss of institutional memory (thanks to restrictive term limits) they do not have knowledge of the history associated with this battle. This includes the fact that the vast majority of lawmakers don’t understand that they have been illegally bypassed by DOR, or even know that they have authority to deal with DOR’s violations!
Please contact both your State Representative and Senator. Explain to them:
1. That you are outraged by these violations of your privacy!
2. The offense to you as a taxpayer of DOR’s violations of State Statutes!
3. The audacity of the Department of Revenue to seemingly keep the general public from knowing the whole truth about what they are doing!
4. Lastly, offer your opinion on the affront that DOR would work so well with a federal bureaucracy but not be willing to be transparent and
forthcoming to inform or seek appropriate authority from the elected representatives of the people they serve!
Review the additional background information provided below. Then please contact both your State Representative and State Senator to support SB 252, and to ask that your elected officials hold Department of Revenue officials accountable for these violations!
Find your elected Representative and Senator and their contact information at: http://www.house.mo.gov/legislatorlookup.aspx?zip= or, if you have their names you may call the State Government Operator during business hours at: 573-751-2000.
Missouri State Statutes Related to DOR’s Illegal Actions (Bolded highlighting for emphases only)
State Department of Revenue, Definitions–disclosure of individual motor vehicle records, when–certain disclosures prohibited without express consent–disclosure pursuant to United States law–disclosure for purposes of public safety–certain information not to be collected, when.
32.091. 1. As used in sections 32.090 and 32.091, the following terms mean:
(1) “Motor vehicle record”, any record that pertains to a motor vehicle operator’s permit, motor vehicle title, motor vehicle registration or identification card issued by the department of revenue;
(2) “Person”, an individual, organization or entity, but does not include a state or agency thereof;
(3) “Personal information”, information that identifies an individual, including an individual’s photograph, Social Security number, driver identification number, name, address, but not the five-digit zip code, telephone number, and medical or disability information, but does not include information on vehicular accidents, driving violations and driver’s status.
2. The department of revenue may disclose individual motor vehicle records pursuant to Section 2721(b)(11) of Title 18 of the United States Code and may disclose motor vehicle records in bulk pursuant to Section 2721(b)(12) of Title 18 of the United States Code, as amended by Public Law 106-69, Section 350, only if the department has obtained the express consent of the person to whom such personal information pertains.
3. Notwithstanding any other provisions of law to the contrary, the department of revenue shall not disseminate a person’s driver’s license photograph, Social Security number and medical or disability information from a motor vehicle record, as defined in Section 2725(1) of Title 18 of the United States Code without the express consent of the person to whom such information pertains, except for uses permitted under Sections 2721(b)(1), 2721(b)(4), 2721(b)(6) and 2721(b)(9) of Title 18 of the United States Code.
4. The department of revenue shall disclose any motor vehicle record or personal information permitted to be disclosed pursuant to Sections 2721(b)(1) to 2721(b)(10) and 2721(b)(13) to 2721(b)(14) of Title 18 of the United States Code except for the personal information described in subsection 3 of this section.
5. Pursuant to Section 2721(b)(14) of Title 18 of the United States Code, any person who has a purpose to disseminate to the public a newspaper, book, magazine, broadcast or other similar form of public communication, including dissemination by computer or other electronic means, may request the department to provide individual or bulk motor vehicle records, such dissemination being related to the operation of a motor vehicle or to public safety. Upon receipt of such request, the department shall release the requested motor vehicle records.
6. This section is not intended to limit media access to any personal information when such access is provided by agencies or entities in the interest of public safety and is otherwise authorized by law.
7. The department of revenue shall not collect from persons applying for any driver’s license issued by the department any information by which such persons can be individually identified, unless the department has specific statutory authorization to collect such information; nor shall the department of revenue include on any driver’s license, in print, magnetic, digital, or any other format, any information by which an individual may be identified, unless the department has specific statutory authorization to include such information.
(L. 1997 S.B. 19 § 2, A.L. 2000 H.B. 1797, A.L. 2001 H.B. 897 merged with S.B. 540)
302.183. RSMo Proof of residency, issuance or renewal of license, privacy rights not to be violated, confidentiality of data.
1. Notwithstanding any provision of this chapter that requires an applicant to provide reasonable proof of residence for issuance or renewal of a noncommercial driver’s license, noncommercial instruction permit, or a nondriver’s license, an applicant shall not have his or her privacy rights violated in order to obtain or renew a Missouri noncommercial driver’s license, noncommercial instruction permit, or a nondriver’s license.
2. Any data derived from a person’s application shall not be sold for commercial purposes to any other organization or any other state without the express permission of the applicant without a court order; except such information may be shared with a law enforcement agency, judge, prosecuting attorney, or officer of the court, or with another state for the limited purposes set out in section 302.600 or for conducting driver history checks in compliance with the Motor Carrier Safety Improvement Act, 49 U.S.C. 31309. The state of Missouri shall protect the privacy of its citizens when handling any written, digital, or electronic data, and shall not participate in any standardized identification system using driver’s and nondriver’s license records. For purposes of this subsection, “commercial purposes” does not include data used or compiled solely to be used for, or obtained or compiled solely for purposes expressly allowed under the Missouri or federal Drivers Privacy Protection Act.
3. The department of revenue shall not amend procedures for applying for a driver’s license or identification card in order to comply with the goals or standards of the federal REAL ID Act of 2005, any rules or regulations promulgated under the authority granted in such act, or any requirements adopted by the American Association of Motor Vehicle Administrators for furtherance of the act.
4. Any biometric data previously collected, obtained, or retained in connection with motor vehicle registration or operation, the issuance or renewal of driver’s licenses, or the issuance or renewal of any identification cards by any department or agency of the state charged with those activities shall be retrieved and deleted from all databases. The provisions of this subsection shall not apply to any data collected, obtained, or retained for a purpose other than compliance with the federal REAL ID Act of 2005. For purposes of this section, “biometric data” includes, but is not limited to:
(1) Facial feature pattern characteristics;
(2) Voice data used for comparing live speech with a previously created speech model of a person’s voice;
(3) Iris recognition data containing color or texture patterns or codes;
(4) Retinal scans, reading through the pupil to measure blood vessels lining the retina;
(5) Fingerprint, palm prints, hand geometry, measuring of any and all characteristics of biometric information, including shape and length of fingertips or recording ridge pattern or fingertip characteristics;
(6) Eye spacing;
(7) Characteristic gait or walk;
(9) Keystroke dynamics, measuring pressure applied to key pads or other digital receiving devices.
5. No citizen of this state shall have his or her privacy compromised by the state or agents of the state. The state shall within reason protect the sovereignty of the citizens the state is entrusted to protect.
(L. 2009 H.B. 361, A.L. 2010 H.B. 2161)
302.340. RSMo Each Day’s Violation Deemed Additional Criminal Offenses
Whenever in sections 302.010 to 302.540 the doing of anything is required or is prohibited or is declared to be unlawful, any person who shall be convicted of a violation thereof shall be deemed guilty of a class A misdemeanor. Each day’s violation of or failure, refusal or neglect to comply with any provision of sections 302.010 to 302.540 shall constitute a separate and distinct offense.
(RSMo 1939 § 8404, A.L. 1951 p. 678, A.L. 1989 1st Ex. Sess. H.B. 3) Effective 7-27-89
National Homeland Security’s Website Describing “Enhanced Driver’s Licenses”
In their own public posting Homeland Security explains how the RFID chip contains a cross-reference number allowing access to the individual source documents supplied by States’ licensing offices. While Homeland Security claims that by using this cross-reference number the card/chip “does not contain any personally identifiable information”, it is a violation of State Statute for the Missouri Department of Revenue to enable or otherwise facilitate such use “by which” “an individual may be identified”.
Homeland Security website, Enhanced Driver’s Licenses: What Are They?
Enhanced Drivers Licenses: What Are They?
State-issued enhanced drivers licenses (EDLs) provide proof of identity and U.S. citizenship, are issued in a secure process, and include technology that makes travel easier. They provide travelers with a low-cost, convenient alternative for entering the United States from Canada, Mexico or the Caribbean through a land or sea port of entry, in addition to serving as a permit to drive.
The Department has been working with states to enhance their drivers licenses and identification documents to comply with travel rules under the Western Hemisphere Travel Initiative (WHTI), effective June 1, 2009. The states of Michigan, New York, Vermont and Washington are issuing these enhanced drivers licenses.
Enhanced drivers licenses make it easier for U.S. citizens to cross the border into the United States because they include
- a vicinity Radio Frequency Identification (RFID) chip that will signal a secure system to pull up your biographic and biometric data for the CBP officer as you approach the border inspection booth, and
- a Machine Readable Zone (MRZ) or barcode that the CBP officer can read electronically if RFID isn’t available.
The top 39 land ports of entry, which process more than 95 percent of land border crossings, are equipped with RFID technology that helps facilitate travel by individual presenting EDLs or one of the other RFID-enabled documents.
Alternative to Canadian Passport
The Department has worked with Canadian provincial and federal officials to pursue enhanced drivers licenses as an alternative to the Canadian passport. Four Canadian provinces (British Columbia, Manitoba, Ontario, and Quebec) are issuing EDLs to Canadian citizens. Canadian citizens can present an EDL when entering the United States from Canada, Mexico, or the Caribbean through a land or sea port of entry.
No personally identifiable information is stored on the card’s RFID chip or can be transmitted electronically by the card. The card uses a unique identification number that links to information contained in a secure Department of Homeland Security database. This number does not contain any personally identifiable information.
When you get an enhanced drivers license, you will also receive:
- information on how to use, carry and protect your license, and
- a shielded sleeve that prevents anyone from reading your license.