Regulators Must Tell Public That Digital IDs Will Be Voluntary and Optional, Children’s Health Defense Says

Rights & Freedoms

August 22, 2025

Originally posted by: Children's Health Defense

Children’s Health Defense (CHD) is urging U.S. regulatory authorities to publish a webpage that clearly states that digital ID systems, if adopted, will be voluntary and optional for U.S. citizens.

The National Institute of Standards and Technology (NIST), which operates under the U.S. Department of Commerce, is preparing to launch a “Frequently Asked Questions” webpage about its new rules.

In a letter sent Thursday to Ryan Galluzzo, NIST’s digital ID program leader,

Miriam Eckenfels, director of CHD’s Electromagnetic Radiation (EMR) & Wireless Program, wrote:

“CHD requests that NIST publish a formal FAQ to confirm your department is committed to emphasizing the voluntary nature of digital ID, meaning that nothing in the new NIST guidance should be construed to require biometric identification.”

Eckenfels provided sample language NIST could use for the FAQ.

NIST, which is responsible for establishing “technical requirements for federal agencies implementing digital identity services,” recently published its updated digital ID guidelines.

While the new guidelines don’t state that digital IDs would be mandatory, the document doesn’t include a special section explaining that digital IDs must remain optional.

“Children and traditionally identified persons (meaning people who decline a digital ID) would be adversely affected by NIST’s new guidance if the guidance is misinterpreted to require digital identification such as biometric identifiers,” Eckenfels said.

NIST “is clearly moving toward digital wallets and biometric keys that will make it harder for Americans to access their online accounts (email, bank, everything online) unless Americans provide biometric identifiers (face scan, thumb print),” said Greg Glaser, a digital privacy expert and attorney.

On Aug. 19, Montana became the 10th state to accept digital IDs via Apple Wallet, according to PC Mag. The app enables iPhone users to store a digital driver’s license or state ID on their phone. Montana also adopted Google Wallet, available on Android phones.

Nine other states — Arizona, California, Colorado, Georgia, Hawaii, Iowa, Maryland, New Mexico and Ohio — have adopted Apple’s digital ID app, according to PC Mag. Seven more states are preparing to adopt the app, MacRumours said.

Eight states, including Montana, have adopted Google Wallet as of Aug. 20, according to ZDNet.

Twila Brase, a registered nurse, expressed support for CHD’s letter. “NIST must make it clear by putting it in writing that digital IDs are voluntary, can never be mandated, and those who have them can revert to a hardcopy license,” she said.

Brase is co-founder and president of Citizens’ Council for Health Freedom, a health privacy nonprofit that has been challenging Real ID. She said:

“As we’ve seen with our work to oppose the REAL ID system, government agencies rarely disclose that individuals are not required to have a REAL ID. As a result, most people with REAL ID and digital IDs are clueless about their rights, government biometric databases, federal control over their ID, or how digital IDs enable government tracking in full violation of the [U.S. Constitution’s] 4th Amendment.

“If Americans knew the truth about the federal REAL ID and digital IDs, we’d see much higher refusal rates. But without proper warning or full disclosure by state DMVs, Americans accept the unacceptable.”

‘Digital identity schemes must be voluntary for members of the public’

CHD’s letter is the latest in a string of correspondence between Eckenfels and Galluzzo regarding digital IDs.

In May 2024, Eckenfels wrote to Galluzzo, saying the “U.S. must lead the way in ensuring that digital IDs remain voluntary.”

Galluzzo replied, “We are in complete agreement that all digital identity schemes must be voluntary for members of the public.”

On Aug. 20, NIST held a public webinar about its new guidelines. Glaser, who attended the webinar, said he saw “well-intentioned IT professionals doing their best to write technical standards that can prevent fraud but also respect privacy.”

Last year, Glaser won CHD’s “smart city” lawsuit against the city of Los Angeles. The case forced Los Angeles to release records CHD said were essential to protecting the rights of residents, who don’t know what forms of surveillance they and their children are being subjected to and, as a result, can’t exercise their legal right to opt out of being surveilled.

During the NIST webinar’s Q&A time, Galluzzo confirmed that biometric identifiers aren’t mandated and that passkeys that don’t use biometrics, such as a 4-digit pin, are still good solutions.

“That’s actually a big deal, because it maintains the status quo and helps protect children and the traditionally identified,” Glaser said.

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Could states still mandate digital IDs despite NIST’s guidelines?

NIST’s guidance is binding only for the federal government and its agents, “but the private sector (i.e., Google, Microsoft) is made of government contractors so, in practice, they always adopt NIST guidance quickly on these cybersecurity issues,” Glaser said.

However, NIST’s actions don’t mean agencies won’t try to convince the public that they need a digital ID, according to Tim Hinchliffe, journalist and editor of The Sociable.

“NIST can agree that ‘all digital identity schemes must be voluntary for members of the public,’ but ultimately it’s up to the agencies to make policy decisions,” he said.

Legally, state and federal agencies would need Congress’ support before they tried to mandate digital IDs, Glaser said. He explained:

“Congress has never authorized a digital ID mandate on Americans, so an agency cannot create a universal or economy‑wide digital‑ID mandate by internal regulation or guidance.

“Legally, any rule imposing obligations on the public must first have an affirmative statutory grant from Congress.”

However, NIST’s guidance mostly favored Big Tech, Glaser said.

He likened the new rules to “the logging road that comes before the logging,” meaning that the rules themselves do not violate people’s privacy but they may pave the way to future violation.

“But the good news is the NIST professionals are attentive to privacy concerns, especially Mr. Galluzzo,” Glaser said.

Ultimately, “it’s up to the general public to say no to digital ID,” he added.

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