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

  • AI Is Now the Leading Cybersecurity Concern for Security, IT Leaders

    Arctic Wolf recently published findings from its State of Cybersecurity: 2025 Trends Report, offering insights from a global survey of more than 1,200 senior IT and cybersecurity decision-makers across 15 countries. Conducted by Sapio Research, the report captures the realities, risks, and readiness strategies shaping the modern security landscape. Read Now

  • Analysis of AI Tools Shows 85 Percent Have Been Breached

    AI tools are becoming essential to modern work, but their fast, unmonitored adoption is creating a new kind of security risk. Recent surveys reveal a clear trend – employees are rapidly adopting consumer-facing AI tools without employer approval, IT oversight, or any clear security policies. According to Cybernews Business Digital Index, nearly 90% of analyzed AI tools have been exposed to data breaches, putting businesses at severe risk. Read Now

  • Software Vulnerabilities Surged 61 Percent in 2024, According to New Report

    Action1, a provider of autonomous endpoint management (AEM) solutions, today released its 2025 Software Vulnerability Ratings Report, revealing a 61% year-over-year surge in discovered software vulnerabilities and a 96% spike in exploited vulnerabilities throughout 2024, amid an increasingly aggressive threat landscape. Read Now

  • Motorola Solutions Named Official Safety Technology Supplier of the Ryder Cup through 2027

    Motorola Solutions has today been named the Official Safety Technology Supplier of the 2025 and 2027 Ryder Cup, professional golf’s renowned biennial team competition between the United States and Europe. Read Now

  • Evolving Cybersecurity Strategies

    Organizations are increasingly turning their attention to human-focused security approaches, as two out of three (68%) cybersecurity incidents involve people. Threat actors are shifting from targeting networks and systems to hacking humans via social engineering methods, living off human errors as their most prevalent attack vector. Whether manipulated or not, human cyber behavior is leveraged to gain backdoor access into systems. This mainly results from a lack of employee training and awareness about evolving attack techniques employed by malign actors. Read Now

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.

  • FEP GameChanger

    FEP GameChanger

    Paige Datacom Solutions Introduces Important and Innovative Cabling Products GameChanger Cable, a proven and patented solution that significantly exceeds the reach of traditional category cable will now have a FEP/FEP construction.

  • Connect ONE’s powerful cloud-hosted management platform provides the means to tailor lockdowns and emergency mass notifications throughout a facility – while simultaneously alerting occupants to hazards or next steps, like evacuation.

    Connect ONE®

    Connect ONE’s powerful cloud-hosted management platform provides the means to tailor lockdowns and emergency mass notifications throughout a facility – while simultaneously alerting occupants to hazards or next steps, like evacuation.