department of homeland security flag

ACLU Files Lawsuit Against DHS To Turn Over Records on Facial Recognition Use at Airports

After the DHS did not respond to a January request for documents on how it is deploying facial recognition, the ACLU is now seeking legal recourse.

Following previous legal actions to get the federal government to turn over documents related to its use of facial recognition technology and surveillance, the American Civil Liberties Union announced a new lawsuit against the Department of Homeland Security, Customs and Border Protection, the Transportation Security Administration and Immigration and Customs Enforcement.

The lawsuit, filed by the ACLU and the New York Civil Liberties Union, asks a federal court to order the DHS, ICE, TSA and CBP to release records about how those agencies are using facial surveillance at airports and what their plans are to roll out the technology in the future.

According to a March 12 ACLU blog post, records and documents include the government’s contracts with airlines, airports and companies on the technology they use; policies concerning how the government acquires and retains biometric information; and the government’s analyses of how accurate and effective facial recognition tech is.

The ACLU originally submitted a Freedom of Information Act request in January, but says its lawyers were stonewalled when seeking the sensitive records.

“That we even need to go to court to pry out this information further demonstrates why lawmakers urgently need to halt law- and immigration-enforcement use of this technology,” ACLU staff attorney Ashley Gorski wrote in the blog post. “There can be no meaningful oversight or accountability with such excessive, undemocratic secrecy.”

This latest legal action is reminiscent of an October ACLU lawsuit against the Justice Department, Drug Enforcement Administration and the FBI, which requested records of how those agencies use facial recognition. That lawsuit, too, was filed after the Justice Department and other agencies did not respond to a Freedom of Information Act request for those documents.

More than 20 million travelers entering and exiting the U.S. have had their faces scanned by CBP as of June 2019, according to the ACLU. Airlines have previously announced partnerships with the government to create facial recognition systems, including Delta, JetBlue and United Airlines, and more than 20 have committed to using the technology.

The ACLU echoed its concerns about the accuracy of facial recognition when it comes to people of color and women. A December report by the National Institute of Standards and Technology, a federal agency, found that a majority of commercial facial recognition systems were less accurate when identifying people of color, specifically African-Americans, Native Americans and Asians.

Even if the ACLU believed facial recognition technology was accurate, its deployment at airports raises “profound civil liberties concerns,” Gorski wrote.

“The public urgently needs more information about how the government and airlines are using this information, what privacy protections exist, and the extent to which CBP’s and TSA’s use of the technology discriminates on the basis of race or other characteristics,” Gorski wrote.

About the Author

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

Featured

  • Leveraging IoT and Open Platform VMS for a Connected Future

    The evolution of urban environments is being reshaped by the convergence of Internet of Things (IoT) technology and open platform VMS. As cities worldwide grapple with growing populations and increasing operational complexities, these integrated technologies are emerging as powerful tools for creating more livable, efficient, and secure urban spaces. Read Now

  • Securing the Future

    Two security experts sit down with Security Today’s editor in chief Ralph C. Jensen to discuss what they see emerging and changing over the next several years along with how security stakeholders can harness these innovations into opportunities. Read Now

  • Collaboration Made Easy Using a Work Management Platform

    Effective collaboration between security operators, teams and other departments is critical to the smooth functioning of organizations. Yet, as organizations grow in complexity, it becomes more difficult for teams to coordinate with each other. This is compounded by staffing shortages, turnover and ineffective collaboration tools. Read Now

  • Creating a Safer World

    Managing and supporting locks and door hardware within a facility is a big responsibility. A building’s security needs to change over time as occupancy and use demands evolve, which can make it even more challenging. Read Now

New Products

  • Compact IP Video Intercom

    Viking’s X-205 Series of intercoms provide HD IP video and two-way voice communication - all wrapped up in an attractive compact chassis.

  • ComNet CNGE6FX2TX4PoE

    The ComNet cost-efficient CNGE6FX2TX4PoE is a six-port switch that offers four Gbps TX ports that support the IEEE802.3at standard and provide up to 30 watts of PoE to PDs. It also has a dedicated FX/TX combination port as well as a single FX SFP to act as an additional port or an uplink port, giving the user additional options in managing network traffic. The CNGE6FX2TX4PoE is designed for use in unconditioned environments and typically used in perimeter surveillance.

  • AC Nio

    AC Nio

    Aiphone, a leading international manufacturer of intercom, access control, and emergency communication products, has introduced the AC Nio, its access control management software, an important addition to its new line of access control solutions.