ACLU logo

ACLU Sues Justice Department, FBI For Records Showing Agencies’ Use of Facial Recognition Software

The ACLU’s lawsuit is the most recent development in a growing debate over regulation of facial recognition use by law enforcement.

In the latest escalation of the debate over law enforcement use of facial recognition technology, the American Civil Liberties Union sued the Justice Department, the Drug Enforcement Administration and the FBI on Thursday for records showing how the agencies use facial recognition software.

Arguing that the government has secretly rolled out a surveillance technology program without regulation or public knowledge, a group of ACLU attorneys asked a federal court in Massachusetts to force the agencies to release a number of documents regarding their use of the software.

That information includes how the government uses and audits the software, how officials communicate with security companies providing facial recognition capabilities and what internal guidelines that the agencies follow.

“Production of these records is important to assist the public in understanding the government’s use of highly invasive biometric identification and tracking technologies,” the attorneys wrote in their complaint. “These technologies have the potential to enable undetectable, persistent, and suspicionless surveillance on an unprecedented scale.”

The attorneys added that the surveillance system could permit the government to track people’s movements and associations in “ways that threaten core constitutional values.” The ACLU has been at the forefront in criticizing the accuracy and widespread use of facial recognition software, supporting efforts in California and across the country to ban its use by police departments, government agencies and private companies.

As of now, the FBI has access to more than 640 million facial photos, many of which are collected from state driver’s license databases, in a searchable database. More than 390,000 facial recognition searches have been recorded by local, state and federal investigators since 2011, The Washington Post reported.

The complaint was filed after federal agencies did not respond to records requests filed by the ACLU in January under the Freedom of Information Act, according to the attorneys.

Kade Crockford, the director of the ACLU of Massachusetts Technology for Liberty Project, wrote in a blog post that the group’s concerns about facial recognition range from its higher rates of inaccuracy in identifying people of color to the government’s lack of answers about how it decides to use the tech to identify crime suspects.

“This dystopian surveillance technology threatens to fundamentally alter our free society into one where we’re treated as suspects to be tracked and monitored by the government 24/7," Crockford wrote. 

Officials representing law enforcement groups and security companies have urged regulation over outright bans of the technology. In the past month, several industry groups and police organizations sent letters to Congressional representatives outlining the history of facial recognition and potential areas for regulation, including civil liberties protections.

Regulation from Congress may be coming soon. Democratic representatives have already introduced legislation banning biometric technology from federal public housing, and the late Rep. Elijah Cummings had led several hearings about the topic earlier this year.

About the Author

Haley Samsel is an Associate Content Editor for the Infrastructure Solutions Group at 1105 Media.

Featured

  • Gaining a Competitive Edge

    Ask most companies about their future technology plans and the answers will most likely include AI. Then ask how they plan to deploy it, and that is where the responses may start to vary. Every company has unique surveillance requirements that are based on market focus, scale, scope, risk tolerance, geographic area and, of course, budget. Those factors all play a role in deciding how to configure a surveillance system, and how to effectively implement technologies like AI. Read Now

  • 6 Ways Security Awareness Training Empowers Human Risk Management

    Organizations are realizing that their greatest vulnerability often comes from within – their own people. Human error remains a significant factor in cybersecurity breaches, making it imperative for organizations to address human risk effectively. As a result, security awareness training (SAT) has emerged as a cornerstone in this endeavor because it offers a multifaceted approach to managing human risk. Read Now

  • The Stage is Set

    The security industry spans the entire globe, with manufacturers, developers and suppliers on every continent (well, almost—sorry, Antarctica). That means when regulations pop up in one area, they often have a ripple effect that impacts the entire supply chain. Recent data privacy regulations like GDPR in Europe and CPRA in California made waves when they first went into effect, forcing businesses to change the way they approach data collection and storage to continue operating in those markets. Even highly specific regulations like the U.S.’s National Defense Authorization Act (NDAA) can have international reverberations – and this growing volume of legislation has continued to affect global supply chains in a variety of different ways. Read Now

  • Access Control Technology

    As we move swiftly toward the end of 2024, the security industry is looking at the trends in play, what might be on the horizon, and how they will impact business opportunities and projections. Read Now

Featured Cybersecurity

Webinars

New Products

  • ResponderLink

    ResponderLink

    Shooter Detection Systems (SDS), an Alarm.com company and a global leader in gunshot detection solutions, has introduced ResponderLink, a groundbreaking new 911 notification service for gunshot events. ResponderLink completes the circle from detection to 911 notification to first responder awareness, giving law enforcement enhanced situational intelligence they urgently need to save lives. Integrating SDS’s proven gunshot detection system with Noonlight’s SendPolice platform, ResponderLink is the first solution to automatically deliver real-time gunshot detection data to 911 call centers and first responders. When shots are detected, the 911 dispatching center, also known as the Public Safety Answering Point or PSAP, is contacted based on the gunfire location, enabling faster initiation of life-saving emergency protocols. 3

  • 4K Video Decoder

    3xLOGIC’s VH-DECODER-4K is perfect for use in organizations of all sizes in diverse vertical sectors such as retail, leisure and hospitality, education and commercial premises. 3

  • Luma x20

    Luma x20

    Snap One has announced its popular Luma x20 family of surveillance products now offers even greater security and privacy for home and business owners across the globe by giving them full control over integrators’ system access to view live and recorded video. According to Snap One Product Manager Derek Webb, the new “customer handoff” feature provides enhanced user control after initial installation, allowing the owners to have total privacy while also making it easy to reinstate integrator access when maintenance or assistance is required. This new feature is now available to all Luma x20 users globally. “The Luma x20 family of surveillance solutions provides excellent image and audio capture, and with the new customer handoff feature, it now offers absolute privacy for camera feeds and recordings,” Webb said. “With notifications and integrator access controlled through the powerful OvrC remote system management platform, it’s easy for integrators to give their clients full control of their footage and then to get temporary access from the client for any troubleshooting needs.” 3