Photocopying Military ID is Illegal

[M2]

I just received notification that my US Standard Issue (Oakley's military program) account needed to be renewed. As a part of that process, I was instructed that a copy of my military ID card was required...

We ask every user to register on our site by reviewing and signing a sales agreement and providing a copy of their military or government ID. This site is only for those who are active duty military, reserve, federal and local law enforcement, fire, EMS and those holding military retiree credentials.

I informed them that photocopying U.S. Government identification cards is a violation of Title 18, U.S. Code Part I, Chapter 33, Section 701 and punishable by fine and imprisonment.

§701. Official badges, identification cards, other insignia - Whoever manufactures, sells, or possesses any badge, identification card, or other insignia, of the design prescribed by the head of any department or agency of the United States for use by any officer or employee thereof, or any colorable imitation thereof, or photographs, prints, or in any other manner makes or executes any engraving, photograph, print, or impression in the likeness of any such badge, identification card, or other insignia, or any colorable imitation thereof, except as authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.

And asked for instructions on how to renew my account without this requirement.

Then I started wondering if everyone on here--especially some of the younger crowd--was aware of this, so I am posting the info here. From what I have been told, there are exceptions for filing medical claims for TRICARE; but otherwise the copying of any government ID by commercial establishments is illegal.

It is still legal to request to view the ID card to verify military status, but making a photocopy, scanning or any other replication is not.

Let me know if there are any questions. I am not a JAG officer (nor do I want to be), but I can hopefully help anyone who needs further assistance with this.

Cheers! M2

[Muscle2002]

M2,

Do the restrictions against photocopying also apply to non-commercial entities; for example, the Texas DOT requested a copy as part of our out-of-state car registration renewal.

[Getzen2]

If you read their FAQ you can also send in an LES:

"You may submit a copy of your Military/Government ID or a copy of your pay stub (please feel free to black out any unnecessary information. We just need to see your name and who you work for)."

[M2]

M2,

Do the restrictions against photocopying also apply to non-commercial entities; for example, the Texas DOT requested a copy as part of our out-of-state car registration renewal.

According to this article, "This prohibition, however, does not apply to government agencies," said Robert Krauer, director of Aberdeen Proving Ground Emergency Services. "Police can make copies for official purposes."

So I would say state agencies are OK.

If you read their FAQ you can also send in an LES:

"You may submit a copy of your Military/Government ID or a copy of your pay stub (please feel free to black out any unnecessary information. We just need to see your name and who you work for)."

But the mere fact that they ask for or will accept a copy of your military/government ID is illegal.

[Toro]

I wasn't aware of this. Good find.

[Ram]

I wasn't aware of this either. In fact, I scanned my mil ID while registering with Oakley's mil site TODAY.

I'm a felon now?

[FlyingBull]

Holy shit. I had no idea.

[HU&W]

There's also a caveat for medical institutions wrt photocopies as an insurance card. I'll have to look it up again to get further details.

[BQZip01]

I was involved with an incident in Guam and the police took my ID. I told them that was against the law...I forgot that the exception applied to official government functions, so yeah, it is completely valid with gov't agencies, just not with private entities.

[Clayton Bigsby]

Does this really matter? Are the gubberment gestapo going to swoop out and bust you since you photocopied your gov ID so you could authenticate for Oakley's government employee program? No...

I'd be interested in seeing what other ways they decide to use to verify employment - an LES maybe?

[2xAGM114]

After weighing the risks, I chose to get the glasses. Love SI's products and would do what is required, within reason, to get them again.

Edited November 19, 2011 by 2xAGM114

[Mitch Weaver]

Thanks for posting. That's been my holdup for registering for the military discount at Bud's. Anyone used the LES instead?

[Buddy Spike]

Glad you posted this. I was wondering how to work around the US Standard Issue policy. Thanks!

[M2]

If/when I get a reply back from Oakley, I'll post it up. The bottom line is that they need to stop asking for copies of military ID as validation of service, as it is illegal.

[stract]

I think when I last had to renew there, I told them it was illegal to copy the ID, and they renewed my account anyway without it.

[SocialD]

What about when someone leaves their ID laying around the squadron? So it's no longer fair game to copy it, blow it up and post around the sq for all the mark on or write off handed, semi-funny comments?

In all seriousness...I never knew this.

[Boxhead]

Does this really matter? Are the gubberment gestapo going to swoop out and bust you since you photocopied your gov ID so you could authenticate for Oakley's government employee program? No...

I'd be interested in seeing what other ways they decide to use to verify employment - an LES maybe?

It won't matter until you happen to be the owner of an ID that is used in some sort of foiled attempt to gain access to something..once the trail goes back to "well I just wanted some Oakley's"...well, nobody might care, God knows the USAF has a rich recent history of not having knee-jerk and overblown reactions to seemly minor infractions that everyone was doing anyway.

Not sure the juice is worth the squeeze, but that's just me.

Edited November 19, 2011 by Boxhead

[pawnman]

What about when someone leaves their ID laying around the squadron? So it's no longer fair game to copy it, blow it up and post around the sq for all the mark on or write off handed, semi-funny comments?

In all seriousness...I never knew this.

Well, you are acting as a member of a government agency....so I think you're OK.

[Getzen2]

They sent me an email denying me when I sent a copy of my LES (with pay/personal info blacked out per their FAQ). I "contacted" them about it, we'll see where it goes.

[mjk5401]

I'm amazed at the number of people who didn't know this! This isn't a new policy. I've gotten briefings / emails on it by SSOs, security managers, MPF, etc, at least once every year. In fact I just got an email from my SSO last week about photocopying.

The biggest issue I've seen is doctors office's wanting to photocopy for insurance. I believe this implies for spouses IDs too.

I was involved with an incident in Guam and the police took my ID. I told them that was against the law...I forgot that the exception applied to official government functions, so yeah, it is completely valid with gov't agencies, just not with private entities.

I know Guam is a U.S. territory, but I wouldn't give them my CAC. My license yes, but not my CAC.

[HU&W]

From tricare's website.

Copying Identification Cards

To prevent identity theft and protect information from being used by individuals impersonating U.S. military personnel, TRICARE beneficiaries are instructed as a general rule not to lose or allow others to use their CACs or ID cards.

However, it is legal and advisable for providers to copy CACs and ID cards for specific authorized purposes, which may include:*

• Facilitating medical care eligibility determination and documentation
  
• Cashing checks
  
• Administering other military-related benefits
  
• Verifying TRICARE eligibility
  

The DoD recommends that providers retain photocopies of both sides of CACs and ID cards for future reference.

*Title 18, United States Code, Section 701 prohibits photographing or possessing uniformed services ID cards in an unauthorized manner. Unauthorized use exists only if the bearer uses the card in a manner that would enable him or her to obtain benefits, privileges, or access to which he or she is not entitled.

[M2]

More info from a USARNORTH security release on the same subject...

Safeguard Your Military ID During Credit Card Transactions

Michael Chesbro 25 March 2011

The US Army North Provost Marshal advises that photocopying of military ID is a violation of federal law.(1) The photocopying of U.S. Government identification cards is a violation of Title 18, U.S. Code Part I, Chapter 33, Section 701 and punishable by fine and imprisonment.

Military ID also contains the complete Social Security Number (SSN) of the service member. Military personnel should avoid using their military identification for other than military purposes. It is especially important that military personnel avoid presenting their military ID in conjunction with a credit card or other financial transactions. Providing both your SSN and credit card information during a retail transaction increases the likelihood that you will become the victim of identity theft! Furthermore, any requirement for you to show ID as a condition of making a credit card purchase is a violation of policy, and may be a violation of state law.

The major credit card companies advise that it is a violation of the terms of their contract with merchants for any merchant to require that you present ID as a condition of making a credit card purchase. Mastercard, for example, wants cardholders to report merchant violations, and provides a web-site for doing so at: https://www.mastercar...violations.html

Some businesses claim that asking you for ID as part of a credit card transaction helps to protect you against fraudulent use of your credit card. This is not true. Consider the facts that Mastercard and Visa are multi-billion-dollar, international, companies and that they spend millions of dollars to fight credit card fraud. If presenting ID made you safer in a credit card transaction it would be required, or at least strongly recommended, by the major credit card companies. As we have seen however, just the opposite is true. Presenting ID during a credit card transaction puts you at risk, and thus the credit card companies prohibit merchants from requiring that you present ID as a condition of making a purchase with your credit card.

Unfortunately, not all merchants play by the rules. Some, apparently, haven't even bothered to read them!

The Privacy Rights Clearinghouse(2) quotes from the Mastercard and Visa rules manuals, which state: Mastercard - "A Merchant must not refuse to complete a Transaction solely because a Cardholder... refuses to provide additional identification information..." Visa - "A Merchant must not require a Cardholder, to provide any supplementary Cardholder information as a condition for honoring a Visa Card or Visa Electron Card..."

Some people believe that writing "See ID" or a similar notation on the signature panel of their credit cards (and thus requiring merchants to check their ID) helps to protect them against fraudulent use of their credit card. As we have seen, providing the additional information contained on your ID during the course of a retail credit card transaction actually increases the likelihood of you being targeted for identity theft. According to Creditcards.Com(3) "when a merchant sees "See ID" on the back of a card instead of a signature, that card should not be processed." Both Visa and Mastercard have a zero liability policy when it comes to fraudulent use of your card. Visa says: "Visa's Zero Liability policy is our guarantee that you won’t be held responsible for fraudulent charges made with your card or account information." Likewise Matsercard's policy states:

"Zero liability applies to purchases made in the store, over the telephone or made online. As a MasterCard cardholder you will not be responsible in the event of unauthorized purchases provided that the following preconditions are met: •Your account is in good standing. •You have exercised reasonable care in safeguarding your card from any unauthorized use..."

It is important to note that "reasonable care in safeguarding your card from any unauthorized use" will certainly include complying with the terms of your contract with the credit card company (all that fine print that comes with your new credit card). This means that to maintain your zero liability you should properly sign your credit cards, and that you should refuse to provided additional identification during retail credit card transactions.

Finally, a few things to remember that will help to protect you against fraud and identity theft:

- Do not use your military ID for other than military purposes.

- Never allow anyone to make a copy of your military ID - it's illegal to do so.

- Avoid showing ID or providing additional identifying information during a credit card transaction - it puts you at risk.

- Properly sign all your credit cards. This helps you maintain zero liability in case they are stolen.

- If you find that your credit card has been lost or stolen, report it immediately to the issuer:

American Express -- 1-800-992-3404

Discover Card -- 1-800-Discover (1-800-347-2683)

Mastercard Global Service -- 1-800-MasterCard (1-800-627-8372)

Visa Global Customer Assistance -- 1-800-847-2911

References

(1) https://www.army.mil/...of-federal-law/

(2) https://www.privacyri.../fs15-mt.htm#2a

(3) https://www.creditcar...see-ID-1282.php

[Guest]

What about when someone leaves their ID laying around the squadron? So it's no longer fair game to copy it, blow it up and post around the sq for all the mark on or write off handed, semi-funny comments?

You are always authorized to photocopy a military ID for the purposes of creating a urinal target.

[Danny Noonin]

You are always authorized to photocopy a military ID for the purposes of creating a urinal target.

Jane Fonda has a military ID?

[Whitman]

I remember getting a Jane Fonda urinal target from ret gen spruce (sp)...he REALLY enjoyed handing those out to everyone.