The Mercury News

Face scans for U.S. citizens flying abroad stir concerns over privacy

- By Frank Bajak and David Koenig

HOUSTON >> If the Trump administra­tion gets its way, U.S. citizens boarding internatio­nal flights will have to submit to a face scan, a plan privacy advocates call a step toward a surveillan­ce state.

The Department of Homeland Security says it’s the only way to successful­ly expand a program that tracks nonimmigra­nt foreigners. They have been required by law since 2004 to submit to biometric identity scans — but to date have only had their fingerprin­ts and photos collected prior to entry.

Now, DHS says it’s finally ready to implement face scans on departure — aimed mainly at better tracking visa overstays but also at tightening security.

It says it won’t keep the face scans of U.S. citizens, but privacy advocates are skeptical and say Homeland Security is oversteppi­ng its authority.

“Congress authorized scans of foreign nationals. DHS heard that and decided to scan everyone. That’s not how a democracy is supposed to work,” said Alvaro Bedoya, executive director of the Center on Privacy and Technology at Georgetown University.

Trials begun under the Obama administra­tion are underway at six U.S. airports — Boston, Chicago, Houston, Atlanta, Kennedy Airport in New York City and Dulles in the Washington, D.C., area. DHS aims to have high-volume U.S. internatio­nal airports engaged beginning next year.

During the trials, passengers will be able to opt out. But a DHS assessment of the privacy impact indicates that won’t always be the case.

“The only way for an individual to ensure he or she is not subject to collection of biometric informatio­n when traveling internatio­nally is to refrain from traveling,” says the June 12 document on the website of Customs and Border Protection, which runs the DHS program.

John Wagner, the Customs deputy executive assistant commission­er in charge of the program, confirmed in an interview that U.S. citizens departing on internatio­nal flights will submit to face scans.

Wagner says the agency has no plans to retain the biometric data of U.S. citizens and will delete all scans of them within 14 days. However, he doesn’t rule out CBP keeping them in the future after going “through the appropriat­e privacy reviews and approvals.”

A CBP spokeswoma­n, Jennifer Gabris, said the agency has not yet examined whether what would require a law change

Privacy advocates say making the scans mandatory for U.S. citizens pushes the nation toward a Big Brother future of pervasive surveillan­ce where local and state police and federal agencies, and even foreign government­s, could leverage citizens collected “digital faceprints” to track them wherever they go.

Jay Stanley, an American Civil Liberties Union senior policy analyst, says U.S. law enforcemen­t and security agencies already exert “sufficient gravitatio­nal pulls in wanting to record and track what masses of individual­s are doing,” he says.

Sen. Edward Markey, D-Mass., said U.S. citizens should be able to opt out.

“I intend to closely monitor this facial recognitio­n program to ensure that Americans can say ‘no’ to being subject to facial recognitio­n and that DHS and airlines are fully transparen­t with the public about their future plans,” he said in an emailed statement.

A network of government databases collects face scans from mug shots, driver’s license and other images.

In an October report, the Georgetown center estimated more than one in four U.S. state and local law enforcemen­t agencies can run or request facerecogn­ition searches and federal agencies including the IRS have all had access to one or more state or local face recognitio­n systems.

 ??  ?? U.S. Customs and Border Protection supervisor Erik Gordon, left, helps passenger Ronan Pabhye navigate one of the new facial recognitio­n kiosks at a United Airlines gate before boarding a flight to Tokyo, Wednesday at George Bush Interconti­nental...
U.S. Customs and Border Protection supervisor Erik Gordon, left, helps passenger Ronan Pabhye navigate one of the new facial recognitio­n kiosks at a United Airlines gate before boarding a flight to Tokyo, Wednesday at George Bush Interconti­nental...
 ?? PHOTOS BY DAVID J. PHILLIP THE ASSOCIATED PRESS ??
PHOTOS BY DAVID J. PHILLIP THE ASSOCIATED PRESS

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