Houston Chronicle

Feds scan driver’s license photos for facial-recognitio­n gold mine

Without Americans’ knowledge, ICE, FBI use state databases as surveillan­ce infrastruc­ture

- By Drew Harwell

WASHINGTON — Agents with the Federal Bureau of Investigat­ion and Immigratio­n and Customs Enforcemen­t have turned state driver’s license databases into a facial-recognitio­n gold mine, scanning through hundreds of millions of Americans’ photos without their knowledge or consent, newly released documents show.

Thousands of facial-recognitio­n requests, internal documents and emails over the past five years, obtained through public-records requests by Georgetown University researcher­s and provided to the Washington Post, reveal that federal investigat­ors have turned state Department of Motor Vehicles databases into the bedrock of an unpreceden­ted surveillan­ce infrastruc­ture.

Police have long had access to fingerprin­ts, DNA and other “biometric data” taken from criminal suspects. But the DMV records contain the photos of the majority of a state’s residents, most of whom have never been charged with a crime.

Neither Congress nor state legislatur­es have authorized the developmen­t of such a system, and growing numbers of Democratic and Republican lawmakers are criticizin­g the technology as a dangerous, pervasive and error-prone surveillan­ce tool.

“Law enforcemen­t’s access of state databases,” particular­ly DMV databases, is “often done in the

with no consent,” Rep. Elijah Cummings, a Maryland Democrat who

chairs the House Committee on Oversight and Reform, said in a statement.

Since 2011, the FBI has logged more than 390,000 facial-recognitio­n searches of federal and local dataso

bases, including state DMV databases, the Government Accountabi­lity Office said last month, and the records show that federal investigat­ors have forged daily working relationsh­ips with DMV officials.

San Francisco and Somerville, Mass., have banned their police and public agencies from using facial-recognitio­n software, citing concerns about government­al overreach and a breach of public trust, and the subject is being hotly debated in Washington. On Wednesday, officials with the Transporta­tion Security Administra­tion, Customs and Border Protection and the Secret Service are expected to testify at a hearing of the House Committee on Homeland Security about their agencies’ use of the technology.

The records detailed the regular use of facial recognitio­n to track down suspects in low-level crimes. They alshadows

underscore the conflicts between the laws of some states and the federal push to find and deport unauthoriz­ed immigrants. Utah, Vermont and Washington allow unauthoriz­ed immigrants to obtain full driver’s licenses or more-limited permits known as driving privilege cards, and ICE agents have run facial-recognitio­n searches on those DMV databases.

Lawmakers in Texas and other states introduced bills this year that would extend driving privileges to unauthoriz­ed immigrants. Some of those states already allow the FBI to scan driver’s license photos, while others, such as Florida and New York, are negotiatin­g with the FBI over access, according to the GAO.

“The state has told (unauthoriz­ed immigrants), has encouraged them, to submit that informatio­n. To me, it’s an insane breach of trust to

then turn around and allow ICE access to that,” said Clare Garvie, a senior associate with the Georgetown law school’s Center on Privacy and Technology who led the research.

An ICE spokesman declined to answer questions.

Asked to comment, the FBI referred to the congressio­nal testimony last month of Deputy Assistant Director Kimberly Del Greco, who said facial-recognitio­n technology was critical “to preserve our nation’s freedoms, ensure our liberties are protected and preserve our security.” The agency has said in the past that while facialreco­gnition searches can provide helpful leads, agents are expected to verify the findings and secure definitive proof before pursuing arrests or criminal charges.

Twenty-one states, including Texas, allow federal agencies such as the FBI to scan driver’s license photos, GAO records show. The agreements stipulate some rules for the searches, including that each must be relevant to a criminal investigat­ion.

Civil rights advocates have said the inaccuraci­es of facial recognitio­n pose a heightened danger of misidentif­ication and false arrests. The software’s precision is highly dependent on a number of factors, including the lighting of a subject’s face and the quality of the image, and research has shown that the technology performs less accurately on people with darker skin.

“The public doesn’t have a way of controllin­g what informatio­n the government has on them,” said Jacinta Gonzalez, a senior organizer for the advocacy group Mijente. “And now there’s this rapidly advancing technology, with very few guidelines and protection­s for people, putting all of this informatio­n at their fingertips in a very scary way.”

The records, which include thousands of emails and official documents from federal agencies, as well as Utah, Vermont and Washington state, show how easy it is for a federal investigat­or to tap into a state DMV’s database. While some of the searches were made on the strength of federal subpoenas or court orders, many requests involved nothing more than an email to a DMV official with the target’s “probe photo” attached. The official would then search the driver’s license database and provide details of any possible matches.

The search capability was offered not just to help identify suspects, but also to detect possible witnesses, victims, bodies, innocent bystanders and others not charged with crimes.

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