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During the last few years, studies and pilots have been conducted in several states in the US to explore the technical feasibility of a digital driver’s license.

There, digital driver’s licenses also referred to as mobile driver’s licenses were developed and tested to ensure proper security protocols were incorporated for advanced digital security alongside a convenient user experience. 

While early pilots retained the key visual aspects of a physical driver’s license, displaying the driver’s personal information – name, address, and date of birth, along with his photo, new standards are now used that allow the user to control what information is shared and displayed in each situation. These standards provide strengthened privacy settings to ensure personal information is kept private.

More about our mobile driver’s license pilot.

In August 2016, the US Commerce Department’s National Institute of Standards and Technology (NIST) awarded a $2M grant to Thales to support the development of a smartphone-based mobile driver’s license to provide citizens a secure companion to their physical license or ID card.

Through this grant, four jurisdictions – Colorado, Maryland, Wyoming and Washington DC – participated in a multi-jurisdiction pilot for a secure mobile driver’s license, the first of its kind in the United States. The pilots included a number of scenarios using the mobile driver’s license for airport security, Driver Motor Vehicle (DMV) enrollment, age verification, and law enforcement verification, which were all received extremely well by all parties involved.

With hundreds of participants across these four jurisdictions, we learned first-hand that citizens are ready for this technology, and want to use it. In fact, our pilot findings showed that: 

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Beyond the critical security aspects, issuing authorities have shown particular interest in the universal convenience of this mobile format:​

• Convenience for holders, who can travel lighter with a mobile driver’s license, instantly updatable, on their phone.
• Convenience for law enforcement or other parties wanting to verify identity and privileges.
• Convenience for issuing authorities who can explore new services needing such a trusted and secure channel for sharing and validating identity. 

The driver’s license has been a standard for decades, acting not just as proof that you can drive but as an ID to verify age and identity, opening mobile driver’s license to many usages such as:

• Law enforcement: traffic stops to identify the driver of a vehicle and his/her driving privileges.
• Proof of age: where the purchase of age-restricted products, like alcohol, is to be verified by the retailer selling those products. 
• Car rental: to identify the renter, ensure their driving privileges, and share the required attributes for the rental contract (name, address…etc.)
• Identity validation or confirmation for hotel check-in, financial institutions, social services…
• Online authentication: from access control to identity verification

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• In Tennessee, legislation (HB556) enacted on 20 May 2015, authorizing the State DMV to develop a secure “electronic driver license system” and to display electronic images on a cellular phone or any other portable electronic device. Currently soliciting information for a potential Tennessee mDL program through a Request For Proposal (RFP) issued on 14 December 2020.
   
• Kentucky was considering the topic as well, but a feasibility study has not been launched as the measure did not receive a hearing.
   
• In California, the state legislature passed a bill (February – September 2015) to study the feasibility of a digital mobile driver’s license app for a smartphone, which was, however, vetoed by Governor Jerry Brown in October 2015.
   
• In Illinois, the state legislature approved a resolution in 2015 that created an Electronic Driver’s License Task Force to study the feasibility of a mobile driver’s License.  The Task Force reported its findings on 21 April 2016 recommending that the Secretary of State continue to monitor advancements in mobile driver’s license technology.
   
• North Dakota passed HCR 3036 in March 2015 to study the implications of driver’s licenses for smartphones. However, the measure has not been considered as of October 2016 by Legislative Management.

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The legal environment is also positively impacted by the famous Riley v. California case of September 2014. The United States Supreme Court ruled that Police may not, without a warrant, search digital information on a mobile phone seized from an individual during an arrest.

This decision makes it easier for states to implement mDL solutions since the court is clear: Police cannot arbitrarily search phones.​

The 21 December 2020 bill voted by Congress is also explicit (page 423): The presentation of information from a mobile or digital driver’s license does not grant access to information stored on the mobile phone, nor can it be seized by authorities.

The same text specifies (page 422) that non-physical versions of driving licenses will be considered valid when Real ID enforcement starts (1 October 2021 according to DHS).

Of course, mobile driver’s licenses have to be issued in accordance with regulations.

Moreover, according to Allstate Corporation, one of the largest insurance providers in the United States, ​49 states permit drivers to use an electronic copy of their insurance card​ during a traffic stop as of November 2020.