More state legislation as mobile driver’s licenses roll through gears of government

Mobile driver’s licenses promise (mDL) promise to be a transformational technology. In a world of mobile tickets and boarding passes, enthusiasm for digital IDs is growing. But in the U.S., where each state has specific laws, mDLs have a gauntlet of legislative procedures to go through before they can become useful and widespread.

Idaho mDL bill clears House of Representatives, heads to Senate

Idaho has passed a bill allowing mobile driver’s licenses and digital identity cards. The bill passed 37-33 in the state House of Representatives this week, and must now pass the Senate and clear the governor’s desk to become law.

A report from the Idaho Capital Sun says House Bill 78, sponsored by Rep. Stephanie Mickelsen, R-Idaho Falls, would allow the Idaho Transportation Department to issue “electronic driver’s licenses and ID cards that people could access on their mobile phone’s wallet application.”

The mDL program will be opt-in and will not remove the requirement to carry a physical license. Digital IDs will not be accepted for identity verification at election polls.

Mickelsen has framed mDL adoption as “an immigration security strategy” that will curb fraud in Medicaid and the Supplemental Nutrition Assistance Program.

Georgia bill focuses on digital ID for police stops

Georgia has also moved an mDL bill through its House of Representatives. Capitol Beat says House Bill 296 passed by a “wide bipartisan majority” last week, and on Monday a Senate committee “hit the accelerator on the bill.” Indications are that it will be scheduled for a vote by the full Senate, where a similar bill died last year.

According to Rep. Houston Gaines, R-Athens, the chief sponsor of HB 296, about 450,000 Georgians are already using an official Georgia drivers’ license in Apple Wallet or Google Wallet. But while Georgia is working on its own digital wallet, for now the digital ID has limited uses; it’s only accepted by the Transportation Security Administration (TSA) at select airports.

Gaines’ bill does not include explicit language on age assurance use cases, but like Idaho’s bill, it excludes the use of digital ID for elections – a change from the previous version, which raised concerns about election security from critics. It is mainly focused on allowing digital ID for stops by police, and includes a provision that says officers could not search a driver’s phone for other information simply because the driver handed it over for license verification.

(This measure seems to fundamentally misunderstand the way mobile driver’s license’s are meant to function, in that contactless technology, selective disclosure and data minimization principles enable data sharing without ever handing your phone to a police officer.)

Ironically, the piece notes that “the only holdup at this point is ensuring that all police officers have a smartphone equipped to validate a digital license.” The tech exists, but the bureaucracy of technological change is slow. As such, Gaines’ bill includes a requirement that law enforcement agencies equip officers with the necessary devices by July 2027.

Utah SB260 has ‘right stock’: Spruce ID gives bill thumbs-up

Utah is pushing forward on state digital identity with State Bill 260, a bill that “enacts provisions related to a state-endorsed digital identity.”

The text says the Department of Government Operations “shall explore ways in which the state may implement a state-endorsed digital identity program” consistent with state digital ID policy expressed, “study and identify best practices regarding the use of a digital identity; propose policies, procedures, standards, and technology that should be incorporated in the state-endorsed digital identity program; examine how the state-endorsed digital identity program may be implemented in the most cost-effective manner possible using state resources that are already available; and evaluate and make recommendations regarding any changes to existing statutes, rules, or policies that may be necessary.”

Commentary on SB 260 from SpruceID calls the bill “the new frontier for user-controlled identity.”

“Technology’s privacy strengths can only reach their full potential if legislation supports and protects them,” writes Wayne Change, SpruceID’s CEO. “Utah SB 260 strongly supports this goal by banning surveillance, enforcing selective disclosure, keeping digital identity fully optional, and notably preventing government officials from demanding ‘device handover.’”

But perhaps the biggest selling point is that law says the state does not establish an individual’s identity. Change notes that, “clearly stated in § 63A-16-1202(1)(b)/(c), ‘the state does not establish an individual’s identity’ and ‘the state may, in certain circumstances, recognize and endorse an individual’s identity.’”

“This is fundamentally different from programs where a government authority defines someone’s ability to be recognized and exist. Instead, it recognizes that human beings already exist in their own right and that the state’s role is to provide assistance to humans, so they can be recognized and have the ability to manage the state endorsement in the ways prescribed by the code.”

Chang says SB 260’s broad privacy demands incentivize the building of ID systems with anti-surveillance mechanisms, and “can create a strong baseline for digital ID within Utah and even for other states.”

Illinois to launch digital ID because ‘whole world is moving that way’

Illinois says it hopes to have digital IDs and mDLs in circulation by 2026. Speaking to WTTW News, Illinois Secretary of State Alexi Giannoulias says “digital IDs, digital driver’s licenses – our goal is to get ‘em done by the end of the year. The technology is incredible. And let’s be honest. The whole world is moving that way.” Giannoulias mentions a contract with Apple to offer Illinois digital ID in Apple Wallet.

Addressing privacy concerns in Illinois – home to BIPA, lord of all biometric privacy laws – Giannoulias says “cybersecurity and data protection are paramount to every single thing we do,” and calls the privacy safeguards in mDLs “very impressive.”

Arkansas Mobile ID with Idemia attracts a crowd on launch

Mobile IDs are a hit in Arkansas. A post on social media says more than 12,000 Arkansans obtained a Mobile ID between March 3 and 6. The state has partnered with Idemia on Mobile ID, and in a press release Rob Gardner, CEO of Idemia Civil Identity, says that “with Arkansas, we’re introducing a contactless, highly secure, state-approved credential that resides on the citizens’ mobile devices, serving as a valid form of identification. This partnership not only enhances everyday experiences but also empowers residents with greater control over their personal identity information.”

Spruce ID’s Wayne Chang sums it up nicely: “Digital IDs are here to stay. The rapid growth of digital ID programs in New York, California, and 11 other US states is not slowing down, and as digital IDs can be used over the internet, it will unlock a myriad of new use cases and mass adoption. That’s why it’s so critical that legislation and technology work together to convey a user-first approach at this moment.”

Article Topics

Arkansas  |  biometrics  |  digital ID  |  Georgia  |  Idaho  |  mDL (mobile driver's license)  |  mobile app  |  SpruceID  |  United States  |  Utah