Vice
Washington Post - A cache of records shared with The Washington Post reveals that agents are scanning millions of Americans' faces without their knowledge or consent.
Washington Post - A cache of records shared with The Washington Post reveals that agents are scanning millions of Americans' faces without their knowledge or consent.
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 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 researchers with Georgetown Law's Center on Privacy and Technology and provided to The Washington Post, reveal that federal investigators have turned state departments 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 a vast 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 shadows with no consent," House Oversight Committee Chairman Elijah E. Cummings (D-Md.) said in a statement to The Post.
Rep. Jim Jordan (Ohio), the House Oversight Committee's ranking Republican, seemed particularly incensed during a hearing into the technology last month at the use of driver's license photos in federal facial-recognition searches without the approval of state legislators or individual license holders.
"They've just given access to that to the FBI," he said. "No individual signed off on that when they renewed their driver's license, got their driver's licenses. They didn't sign any waiver saying, 'Oh, it's okay to turn my information, my photo, over to the FBI.' No elected officials voted for that to happen."
The records show the technology already is tightly woven into the fabric of modern law enforcement. They detailed the regular use of facial recognition to track down suspects in low-level crimes, including cashing a stolen check and petty theft. And searches are often executed with nothing more formal than an email from a federal agent to a local contact, the records show.
"It's really a surveillance-first, ask-permission-later system," said Jake Laperruque, a senior counsel at the watchdog group Project on Government Oversight. "People think this is something coming way off in the future, but these [facial-recognition] searches are happening very frequently today. The FBI alone does 4,000 searches every month, and a lot of them go through state DMVs."
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 an individual state DMV's database. While some of the driver photo searches were made on the strength of federal subpoenas or court orders, many requests for searches 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.
Asked to comment, the FBI referred The Post to the congressional testimony last month of Deputy Assistant Director Kimberly Del Greco, who said that 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 facial-recognition searches can provide helpful leads, agents are expected to verify the findings and secure definitive proof before pursuing arrests or criminal charges.
Vermont officials said they stopped using facial-recognition software in 2017. That year, a local chapter of the American Civil Liberties Union revealed records showing that the state DMV had been conducting the searches in violation of a state law that banned technology involving "the use of biometric identifiers." The state's governor and attorney general came out against the face-scanning software, citing a need to balance public safety with residents' privacy rights.
In the years before the ban, the records show, Vermont officials ran a number of face scans on driver's license photos at the request of ICE agents. Investigators from a number of federal and local agencies emailed the state's DMV with facial-recognition search requests as they pursued people accused of overstaying their visas, providing false information, stealing from stores or, in at least one case, being part of a "suspicious circumstance."
