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(CNN) -- Americans may need passports to board domestic flights or to picnic in a national park next year if they live in one of the states defying the federal Real ID Act.

The act, signed in 2005 as part of an emergency military spending and tsunami relief bill, aims to weave driver's licenses and state ID cards into a sort of national identification system by May 2008. The law sets baseline criteria for how driver's licenses will be issued and what information they must contain.

The Department of Homeland Security insists Real ID is an essential weapon in the war on terror, but privacy and civil liberties watchdogs are calling the initiative an overly intrusive measure that smacks of Big Brother.

More than half the nation's state legislatures have passed or proposed legislation denouncing the plan, and some have penned bills expressly forbidding compliance.

Several states have begun making arrangements for the new requirements -- four have passed legislation applauding the measure -- but even they may have trouble meeting the act's deadline.

The cards would be mandatory for all "federal purposes," which include boarding an airplane or walking into a federal building, nuclear facility or national park, Homeland Security Secretary Michael Chertoff told the National Conference of State Legislatures last week. Citizens in states that don't comply with the new rules will have to use passports for federal purposes.

"For terrorists, travel documents are like weapons," Chertoff said. "We do have a right and an obligation to see that those licenses reflect the identity of the person who's presenting it."

Chertoff said the Real ID program is essential to national security because there are presently 8,000 types of identification accepted to enter the United States.

"It is simply unreasonable to expect our border inspectors to be able to detect forgeries on documents that range from baptismal certificates from small towns in Texas to cards that purport to reflect citizenship privileges in a province somewhere in Canada," he said.

Everyone must visit DMV by 2013

The Real ID Act repealed a provision in the 9/11 Commission Implementation Act calling for state and federal officials to examine security standards for driver's licenses.

It called instead for states to begin issuing new federal licenses, lasting no longer than eight years, by May 11, 2008, unless they are granted an extension.

Many states have revolted. The governors of Idaho, Maine, Montana, New Hampshire, Oklahoma, South Carolina and Washington have signed bills refusing to comply with the act. Six others have passed bills and/or resolutions expressing opposition, and 15 have similar legislation pending.

Privacy concerns raised

Colorado and New Hampshire lawmakers are not alone. Groups like the American Civil Liberties Union and Electronic Frontier Foundation say the IDs and supporting databases -- which Chertoff said would eventually be federally interconnected -- will infringe on privacy.

EFF says on its Web site that the information in the databases will lay the groundwork for "a wide range of surveillance activities" by government and businesses that "will be able to easily read your private information" because of the bar code required on each card.

The databases will provide a one-stop shop for identity thieves, adds the ACLU on its Web site, and the U.S. "surveillance society" and private sector will have access to the system "for the routine tracking, monitoring and regulation of individuals' movements and activities."

The civil liberties watchdog dubs the IDs "internal passports" and claims it wouldn't be long before office buildings, gas stations, toll booths, subways and buses begin accessing the system.

But Chertoff told legislators last week that DHS has no intention of creating a federal database, and Walsh, of the Heritage Foundation, said the ACLU's allegations are disingenuous.

States will be permitted to share data only when validating someone's identity, Walsh said.

"The federal government wouldn't have any greater access to driver's license information than it does today," Walsh said.

States have the right to refuse to comply with the program, he said, and they also have the right to continue issuing IDs and driver's licenses that don't meet Real ID requirements.

But, Walsh said, "any state that's refusing to implement this key recommendation by the 9/11 Commission, and whose state driver's licenses are as a result used in another terrorist attack, should be held responsible."

State reaction to Real ID has not been all negative. Four states have passed bills or resolutions expressing approval for the program, and 13 states have similar legislation pending (Several states have pending pieces of legislation both applauding and opposing Real ID).

Chertoff said there would be repercussions for states choosing not to comply.

"This is not a mandate," Chertoff said. "A state doesn't have to do this, but if the state doesn't have -- at the end of the day, at the end of the deadline -- Real ID-compliant licenses then the state cannot expect that those licenses will be accepted for federal purposes."

The reality behind the Real ID Act

The Department of Homeland Security insists the Real ID Act is an essential tool to fight the war on terror, but critics say it's an overly intrusive measure that raises privacy concerns.

The act aims to weave driver's licenses and state ID cards into a sort of national identification system. States must begin issuing new federal licenses by May 11, 2008, unless they receive an extension. The cards would be mandatory for all "federal purposes." People in states that don't comply with the new rules will have to use passports for federal purposes.

The following provides requirements of the act, signed in 2005:

Who must get one?

Anyone with a driver's license or state ID who is an American citizen or legal alien, or who has permanent resident status, a nonimmigrant visa, protected status, asylum or pending application for asylum.

What must federal driver's licenses contain?

Name, address, date of birth, gender, driver's license or state ID number, photo, signature and security features to prevent tampering and counterfeiting. The data must be stored on a bar code.

When do they go into effect?

May 11, 2008, but states can request an extension to January 1, 2010.

Where will the information be kept?

States are charged with storing your personal information and digital photo for seven to 10 years. The states also are charged with protecting the information and running security clearances.

Why do I have to get one?

The Real ID Act of 2005 passed as part of an emergency military spending and tsunami relief bill. The act is aimed at "improved security for driver's licenses and personal identification cards."

How do I get one?

Complying states' department of motor vehicle offices will require you to show up before May 10, 2013, and provide a photo ID, birth certificate, proof of Social Security account and proof of residence.

What if I live in a noncompliant state?

No federal agency will accept your state-issued driver's license as a valid form of ID. You will need to use a passport at federal buildings and parks, and for domestic air travel.