NAVIGATING THE LEGAL FRAMEWORK: IMPLEMENTING A GOVERNMENT-BACKED DIGITAL IDENTITY IN THE UNITED STATES

The United States currently relies on a decentralized approach to individual identification (ID). A government-backed digital identity system posits many advantages, including enhanced security, reduced identity theft, increased convenience and efficiency, and economic benefits. However, critics of...

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Bibliographic Details
Published inJurimetrics (Chicago, Ill.) Vol. 64; no. 2; pp. 169 - 199
Main Author Norton, Brooke
Format Journal Article
LanguageEnglish
Published Chicago American Bar Association 01.01.2024
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Summary:The United States currently relies on a decentralized approach to individual identification (ID). A government-backed digital identity system posits many advantages, including enhanced security, reduced identity theft, increased convenience and efficiency, and economic benefits. However, critics of a national ID card system raise concerns about privacy, civil liberties, and government overreach. Yet the digital age compels reevaluating identity management, and each of these concerns can be adequately addressed. The international landscape shows acceptance of government-backed digital identities. The European Union has embraced efforts to promulgate digital identities with its European digital wallet initiative. Similarly, Estonia's e-Residency program is a successful, longstanding government-backed digital identity system. These systems prioritize security, privacy, and interoperability, setting examples for the United States to consider. To implement a government-backed digital identity in the United States, a comprehensive regulatory and legal framework is crucial. This framework would need to address concerns at the heart of the national ID debate and public aversion to technology. Federal legislation, compliance with existing data privacy laws, and regulatory oversight are key components. Further, assistance and cooperation with federal agencies will be helpful in establishing a trusted and secure digital identity framework. A user-friendly, secure, and transparent system can foster trust and acceptance among the public, ultimately modernizing and securing digital interactions in the United States. In an increasingly digital and connected world, the United States should implement the legal framework necessary for a privacy-aware and user-controlled government-backed digital ID.
ISSN:0897-1277
2154-4344