3 ms·

While I completely agree that any individual should have access to the laws and texts that govern us, I have a problem with: > “Access procedures are especiall

by ezfe 2y ago

While I completely agree that any individual should have access to the laws and texts that govern us, I have a problem with: > “Access procedures are especially critical with respect to this proposed rule because ‘the class of persons affected’ – the relevant category pursuant to 1 CFR § 51.7(3), as quoted above – obviously includes individuals who do not have ID deemed compliant with the REAL-ID Act. These laws "apply" to platform makers who are attempting to create Real ID mDLs, not people who want a REAL ID in the abstract. Someone without a REAL ID cannot get an mDL, regardless of the text of these rules.

Glyptodon 2y ago
Someone (with or without ID) may very much suspect that there are legal issues with gating any federal or governmental behaviors behind real ID, or not allowing open source Real ID mDLs or various similar things.
ethbr1 2y ago
1 CFR § 51.7(3) [0] is laying out the requirements by which a reference is eligible for being included in rulemaking? The 5 U.S.C. 552(a) [1] it modifies notes that "Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published." Which seems to be a pretty broad definition of affected person. I'd certainly consider myself to be affected if in order to avail myself of one option of TSA identification for air travel I had to use an app that did... (reference not openly available) [0] https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-51.7(a) https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-... [1] https://www.govinfo.gov/link/uscode/5/552 https://www.govinfo.gov/link/uscode/5/552
- ezfe 2y ago
  But that’s not what this is. None of this precludes regular REAL IDs so the class of people arguably is only people with REAL IDs who are interested in making them an mDL. (Well, and companies implementing the specification)
  - jkaplowitz 2y ago
    People who are deprived of an opportunity to raise a concern within the public comment period of a rulemaking proceeding because of the lack of reasonable access to binding parts of the proposed rule seem quite adversely affected to me - they don't even know of the issue or of the relevant technical details, so they can't comment on it.
akira2501 2y ago
These laws "belong" to the citizens. If the government is not applying it's rules correctly who is there to monitor that? Do I not have that _basic right_?

by ezfe 2y ago

Glyptodon 2y ago

Someone (with or without ID) may very much suspect that there are legal issues with gating any federal or governmental behaviors behind real ID, or not allowing open source Real ID mDLs or various similar things.

ethbr1 2y ago

1 CFR § 51.7(3) [0] is laying out the requirements by which a reference is eligible for being included in rulemaking? The 5 U.S.C. 552(a) [1] it modifies notes that "Except to the extent that a person has actual and timely notice of the terms thereof, a person may not in any manner be required to resort to, or be adversely affected by, a matter required to be published in the Federal Register and not so published." Which seems to be a pretty broad definition of affected person. I'd certainly consider myself to be affected if in order to avail myself of one option of TSA identification for air travel I had to use an app that did... (reference not openly available) [0] https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-51.7(a) https://www.ecfr.gov/current/title-1/part-51/section-51.7#p-... [1] https://www.govinfo.gov/link/uscode/5/552 https://www.govinfo.gov/link/uscode/5/552

ezfe 2y ago
But that’s not what this is. None of this precludes regular REAL IDs so the class of people arguably is only people with REAL IDs who are interested in making them an mDL. (Well, and companies implementing the specification)
- jkaplowitz 2y ago
  People who are deprived of an opportunity to raise a concern within the public comment period of a rulemaking proceeding because of the lack of reasonable access to binding parts of the proposed rule seem quite adversely affected to me - they don't even know of the issue or of the relevant technical details, so they can't comment on it.

akira2501 2y ago

These laws "belong" to the citizens. If the government is not applying it's rules correctly who is there to monitor that? Do I not have that _basic right_?