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

  • Progressing in Capabilities

    Progressing in Capabilities

    Hazardous areas within industries like oil and gas, manufacturing, agriculture and the like, have long-sought reliable video surveillance cameras and equipment that can operate safely in these harsh and unpredictable environments. Read Now

  • A Comprehensive Nationwide Solution

    A Comprehensive Nationwide Solution

    Across the United States, manufacturing facilities, distribution centers, truck yards, parking lots and car dealerships all have a common concern. They are targets for catalytic converters. In nearly every region, cases of catalytic converter thefts have skyrocketed. Read Now

  • Planning for Your Perimeter

    Planning for Your Perimeter

    The perimeter is an organization’s first line of defense and a critical element of any security and surveillance program. Even if a building’s interior or exterior security is strong, without a solid perimeter surveillance approach any company or business is vulnerable. Read Now

  • The Key Issue

    The Key Issue

    It is February 2014. A woman is getting ready in her room on a cruise ship when she hears a knock on the door; it is a crewmember delivering breakfast. She is not presentable so she tells him to leave it by the door. Read Now

Featured Cybersecurity

New Products

  • XS4 Original+

    XS4 Original+

    The SALTO XS4 Original+ design is based on the same proven housing and mechanical mechanisms of the XS4 Original. The XS4 Original+, however, is embedded with SALTO’s BLUEnet real-time functionality and SVN-Flex capability that enables SALTO stand-alone smart XS4 Original+ locks to update user credentials directly at the door. Compatible with the array of SALTO platform solutions including SALTO Space data-on-card, SALTO KS Keys as a Service cloud-based access solution, and SALTO’s JustIn Mobile technology for digital keys. The XS4 Original+ also includes RFID Mifare DESFire, Bluetooth LE and NFC technology functionality. 3

  • SecureAuth

    SecureAuth

    The acceleration of digital transformation initiatives as a result of COVID-19 has created a lasting impact on how businesses empower their workforce and engage customers. 3

  • PDK IO Access Control Software

    PDK.IO Access Control Software

    ProdataKey now allows for "custom fields" within the interface of its pdk.io software. Custom fields increase PDK's solutions' overall functionality by allowing administrators to include a wide range of pertinent data associated with each user. 3