ACLU Digital ID State Legislative Recommendations

Document Date: November 13, 2026
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Around the country, state legislatures are embracing digital driver licenses — a nightmarish new electronic national identification system that has the potential to track everybody both online and off. In this document, we lay out 14 state legislative protections we think represent the very minimum that should be done to allay this risk. We include an explanation of each measure as well as recommended legislative language for each.

This document supercedes version 1.0 (October 2024) of these recommendations.

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