Just five days after the Department of Homeland Security released the final regulations to implement the REAL ID Act, DHS Assistant Secretary for Policy Stewart Baker suggested yet another terrifying use of the controversial ID card: to buy Sudafed. This followed the Department’s official position in the final rules that it has no intention of turning REAL ID into a national ID card, and will limit its required uses to those called for in the law. But Baker’s suggestion is just the sort of mission creep that worries us here at CDT.

In the final regulations, DHS appropriately limited the required use of REAL ID to just three situations: boarding commercial airplanes, entering federal buildings, and entering nuclear power plants. However, Baker suggested that REAL ID could also help combat methamphetamine production: “If you have good ID… you make it much harder for the meth labs to function in this country.” Listen to Baker’s speech at the Heritage Foundation.
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CDT is still considering the policy implications of Microsoft’s unsolicited takeover offer for Yahoo. Clearly, this would have a major impact on the Internet.

Our colleague, and CDT Fellow, Peter Swire has a detailed summary that he posted to the Center for American Progress Web site.

He also sent us this quick overview:

Privacy Issues Will be Key in Review of Microsoft/Yahoo Deal

Privacy issues will be central to the forthcoming antitrust merger review of today’s $44.6 billion bid by Microsoft Corp. for Yahoo Inc. U.S. antitrust authorities have already studied these privacy issues in connection with the proposed merger of Google Inc. and DoubleClick, which is still under review in Europe. U.S. and European authorities will almost certainly investigate the privacy aspects of today’s proposed merger more fully than any other merger in history.

Although more issues may emerge over time, the market for search looks like it will be the focus of privacy issues of the proposed Microsoft/Yahoo merger. The two companies are probably No. 2 and No. 3, respectively, in the enormous global market for search. The companies will likely argue that their merger will make them a more effective competitor against market leader Google.

The privacy concern is that the merger could reduce competition for privacy in search. We have seen major privacy initiatives in search engines in the past year. Microsoft announced new privacy protections last fall. Google did the same during the merger discussions. And the fourth-largest search company, Ask.com, recently rolled out its “AskEraser” privacy-enhanced search.

Antitrust authorities thus need to investigate the effects on competition for search privacy from the proposed Microsoft/Yahoo merger. Based on the Commissioners’ statements in the Google decision, it seems highly likely that the FTC would conduct that investigation if it reviews this merger.