A Crime in Progress
The bureaucracy never liked "open records" and "open meetings" laws so forgive me for being a bit skeptical about an audit mentioned in this report that claims Tennessee's open records law makes identity theft easier in the state. The report says. On the other hand, it seems to make clear Tennessee has made it very, very easy for criminals and would-be terrorists to get access to the kind of documents they shouldn't have...

Tennessee laws providing public access to birth certificates and other vital records invite identity theft and should be changed to require tighter restrictions on who is allowed to see them, a state comptroller's audit says. "The birth certificate in some cases is a key to obtaining a Social Security card, driver's license and credit cards for use in committing crimes," the audit noted. "The perpetrator knows this and uses the system to his or her advantage."

The story also notes the role that current Nashville Mayor Bill Purcell - then a state legislator - played in passing one of the most liberal open-records laws in the nation back in the late 1980s.

State Sen. Jim Kyle, D-Memphis, recalled that Purcell, an advocate for open government, made his mark early in his career as "the public records act guru and guardian of records.

"He did a big study on that and kind of showed everybody that he could handle an issue on that, and we passed this big comprehensive law on open records."

Purcell conducted a series of public hearings on the issue in the late 1980s after other lawmakers attempted to close public information. Efforts to reach him yesterday were unsuccessful, but his senior policy adviser, Patrick Willard, said Purcell sponsored the legislation following an opinion from then state Attorney General Charles Burson that certificates of birth, death, marriage, divorce or annulment were confidential.

"He sponsored it at that time on the premise that records about births and deaths are open and should be open to the public and were understood to be open to the public," Willard said.

But as of three years ago, only 13 other states had such open access to birth records, allowing virtually anyone to review birth records or purchase a copy of any birth certificate from the issuing agency as long as they know the name and birth date of the person listed on the birth certificate.

"Numerous studies have been conducted over the years and have found that birth certificates are used as 'breeder documents' to create new identities,'' the audit said. "While originally intended for the sole purpose of birth registration, birth certificates are now used extensively for employment purposes and to obtain benefits or other documents used for identification."

In Tennessee, copies of birth certificates can be obtained in person, by mail, or via the Internet. Neither state law nor Health Department rules require persons requesting certified copies of vital records to provide proof of their identity.

Tennessee is also one of the states that makes it simple for illegal aliens to get a driver's license without providing any real proof of their identity. So now, whether you're a small-time ID thief or a terrorist needing new falsified ID documents that will allow you to get on a plane, come to Tennessee. We hand them out like candy on Halloween.