EPIC - Face Surveillance

Face Surveillance

Facial recognition is a powerful technique capable of facilitating a new era of mass surveillance. The technology has been in development since the 1960’s, but only recently has facial recognition begun to be rolled out in large scale. Face surveillance systems are now being implemented as part of commercial services, government administration, and law enforcement functions with little to no legal protections in place. Additionally, the technology is subject to bias and the images used to create the underlying algorithms and databases are often collected surreptitiously and without consent.

EPIC supports a ban on facial recognition.

Top News

EPIC, Coalition Calls for Surveillance Reforms in Response to DOJ Surveillance of Congress and Reporters + (Jun. 18, 2021)
In a coalition letter, EPIC and more than twenty civil society groups called for reforms to surveillance statutes authorizing collection of sensitive information and gag orders. The letter follows recent revelations that the Department of Justice spied on members of Congress and the press by collecting their communications and issued gag orders to hide that surveillance. The coalition also called for a thorough investigation by Congress and the DOJ. EPIC recently endorsed a bill to stop government use of facial recognition and other biometric surveillance tools.
Senator Markey Introduces Bill to Ban Face Surveillance + (Jun. 15, 2021)
Senator Edward J. Markey (D-Mass.), along with Senators Merkley, Sanders, Warren, and Wyden, as well as Congresswomen Jayapal, Pressley, and Tlaib today introduced legislation to stop government use of biometric surveillance, including facial recognition tools. The Facial Recognition and Biometric Technology Moratorium Act prohibits the use of facial recognition and other biometric technologies by federal agencies, including Customs and Border Protection. "Facial recognition poses a significant threat to our democracy and privacy," said Caitriona Fitzgerald, Deputy Director, Electronic Privacy Information Center (EPIC). "Facial recognition technology has been shown time and time again to be biased, inaccurate, and disproportionately harmful to people of color. The Facial Recognition and Biometric Technology Moratorium Act of 2021 would effectively ban law enforcement use of this dangerous technology. EPIC is proud to support it.” EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries. Recently, in an open letter EPIC and a coalition of more than 175 civil society organizations and prominent individuals called for "an outright ban on uses of facial recognition and remote biometric recognition technologies that enable mass surveillance and discriminatory targeted surveillance."
Biden Administration Abandons DHS Plans to Expand Biometric Collection + (May. 11, 2021)
According to a news report, the Biden Administration plans to rescind a proposed rule to massively expand the collection of biometric information from immigrants. The rule, proposed towards the end of the Trump Administration, would have granted the Department of Homeland Security broad authority to collect biometric data from immigrants and their families and associates. The rule would have enabled the collecting of palm prints, iris images, voiceprints, DNA, and images for facial recognition regardless of age. In comments to the Department of Homeland Security, EPIC opposed the rule and urged the agency to rescind the proposed rule. EPIC argued that DHS']s broad authorization to collect biometrics was incompatible with the Department's Fair Information Practice Principle. EPIC also specifically called on the agency to suspend the use of facial recognition technology. Last year, EPIC, joined by over 40 organizations called for the Privacy and Civil Liberties Oversight Board to recommend the suspension of face surveillance systems across the federal government.

More top news

Maine Becomes First State to Enact Statewide Ban on Face Surveillance + (Jun. 30, 2021)

The Maine Legislature has enacted the country's strongest statewide facial recognition law. Maine's new law prohibits public officials and public employees at the state, county and municipal levels from possessing and using facial recognition technology, with extremely limited exceptions. The Maine law includes a private right of action, meaning that individuals may bring a lawsuit if they believe a government agency or official has violated the law. EPIC Board Member Shoshana Zuboff testified in support of the legislation. "An individual’s ability to control access to his or her identity and personal information, including determining when, how, and to what purpose these are revealed, is an essential aspect of personal security and privacy guaranteed by the Bill of Rights," Professor Zuboff said. "The use of facial recognition technology erodes that ability." EPIC has joined a number of coalitions urging a ban on facial recognition including: an international letter opposing the technology, a statement of concerns on police use of FR, and EPIC's Ban Face Surveillance campaign. EPIC recently endorsed legislation that would ban federal law enforcement use of facial recognition and pressure state law enforcement to do the same.

4th Circuit Rules That Baltimore Warrantless Aerial Surveillance Program Violates Fourth Amendment + (Jun. 24, 2021)

The en banc 4th Circuit ruled today that Baltimore's warrantless aerial surveillance program violates the Fourth Amendment because it "enables police to deduce from the whole of individuals' movements[.]" The Aerial Investigation Research program was a public-private partnership with Persistent Surveillance Systems that flew several surveillance planes above Baltimore, capturing detailed video of 32 square miles of the city per second. Using the AIR pilot program, Baltimore Police were able to track individual movements throughout the city for up to 12 hours a day. The pilot program was not renewed at the end of its 6-month term last year. EPIC joined an amicus brief in the case, arguing that under Carpenter v. United States the Baltimore Police Department's ability to track individuals with at least 45 days of flight video augmented by automated license plate reader systems constituted a search. EPIC previously filed an amicus brief in Carpenter v. United States and has long fought to limit drone surveillance and other forms of aerial spying.

In EPIC Suit, DOJ Identifies 182 Location Data Requests in District of Rhode Island from 2016-2019 + (Jun. 21, 2021)

As part of EPIC's ongoing lawsuit for cell phone surveillance orders issued by federal prosecutors, the Department of Justice identified 182 orders and warrants for cell phone location data under § 2703(d) from the U.S. Attorney's Office for the District of Rhode Island from 2016-2019. During the same time period, the office handled 453 criminal cases. The District of Rhode Island is one of the smallest districts in the country. EPIC has previously obtained the number of location data requests for the District of Delaware and the Virgin Islands, two of the five districts that the DOJ has agreed to search for location data requests. EPIC is awaiting responses from two of the agency's other prosecutor's offices and will continue to update its comparative table as remaining districts release more information. Currently, prosecutors do not release any comprehensive or uniform data about their surveillance of cell phone location data. In 2018, the U.S. Supreme Court ruled in Carpenter v. United States that the collection of cell phone location data without a warrant is a violation of the Fourth Amendment. The case is EPIC v. DOJ, No. 18-1814 (D.D.C.).

European Data Protection Authorities Issue Joint Call for Ban on Facial Recognition Across the EU + (Jun. 21, 2021)

In a joint opinion regarding the European Commission's Proposal for Regulation on artificial intelligence, the European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) called for a ban on the use of "AI for automated recognition of human features in publicly accessible spaces, and some other uses of AI that can lead to unfair discrimination." Europe's two main data protection authorities also critiqued the European Commission for failing to include international law enforcement efforts in the proposed regulations. The joint opinion is the latest in an increasing chorus of calls for a ban on facial recognition. EPIC has joined a number of coalitions urging a ban on facial recognition including: an international letter opposing the technology, a statement of concerns on police use of FR, and EPIC's Ban Face Surveillance campaign. EPIC recently endorsed legislation that would ban federal law enforcement use of facial recognition and pressure state law enforcement to do the same.

EPIC Asks D.C. Circuit to Review Decision Endorsing Secrecy of Drone Advisory Committee Working Groups + (Jun. 18, 2021)

EPIC has petitioned the full D.C. Circuit Court of Appeals to reverse a recent decision by a three-judge panel allowing the FAA's Drone Advisory Committee to conduct much of its work in secret. EPIC filed suit in 2018 against the industry-dominated Committee, which consistently ignored the privacy risks posed by the deployment of drones—even after identifying privacy as a top public concern. As a result of EPIC's lawsuit, the Committee was forced to disclose hundreds of pages of records under the Federal Advisory Committee Act. But the lower court ruled that the Committee did not need to disclose records from its secretive subcommittees—a decision that divided panel of the D.C. Circuit affirmed in April. Circuit Judge Robert L. Wilkins, writing in dissent, accused the majority of "doing violence to the text" of the FACA and argued that the decision "undermines FACA's purpose and greenlights an easily abusable system[.]" EPIC's petition highlights ways in which the panel's opinion conflicts with past D.C. Circuit decisions and warns that the ruling gives federal agencies "a legal roadmap to evade the public scrutiny that Congress intended FACA to provide. " The case is EPIC v. Drone Advisory Committee, No. 19-5238 (D.C. Cir.).

EPIC, Coalition Calls for Surveillance Reforms in Response to DOJ Surveillance of Congress and Reporters + (Jun. 18, 2021)

In a coalition letter, EPIC and more than twenty civil society groups called for reforms to surveillance statutes authorizing collection of sensitive information and gag orders. The letter follows recent revelations that the Department of Justice spied on members of Congress and the press by collecting their communications and issued gag orders to hide that surveillance. The coalition also called for a thorough investigation by Congress and the DOJ. EPIC recently endorsed a bill to stop government use of facial recognition and other biometric surveillance tools.

After Meeting with EPIC, DC Council Chairman Seeks More Information About DC-Area Facial Recognition System + (Jun. 10, 2021)

In a DC Council Hearing (video starts at 13:22), Chairman Phil Mendelson asked Metropolitan Washington Council of Government's (MWCOG's) Executive Director Chuck Bean for more information on the soon to be shuttered DC-area facial recognition system. The Chairman's questions were prompted by a meeting with EPIC in which EPIC staff pushed for more disclosures on the MWCOG's role in the creation of a secret facial recognition system used to surveil Black Lives Matter protesters last year. Recently, EPIC joined over 40 other organizations to detail the issues with cops using facial recognition and call for a law enforcement ban on the technology's use.

EPIC, Coalition Call for Global Ban on Biometric Recognition Technologies + (Jun. 7, 2021)

In an open letter, EPIC and a coalition of more than 175 civil society organizations, activists, technologists, and other experts called "for an outright ban on uses of facial recognition and remote biometric recognition technologies that enable mass surveillance and discriminatory targeted surveillance." The letter urges lawmakers around the world to stop public investment in facial recognition, prohibit government and private use of facial recognition in public spaces, and mandate disclosure and reparations to individuals monitored or harmed by biometric mass surveillance systems. The letter identifies one-to-many facial recognition identification (comparing an image to a gallery of identified images) as inherently dangerous to the public because the databases of images enable discriminatory targeted surveillance and the technology itself enables comprehensive public surveillance. EPIC began pushing for a ban in 2019 with the launch of the Ban Face Surveillance campaign and recently joined over 40 other organizations to call for a ban on U.S. law enforcement's use of facial recognition technology.

EPIC, Coalition Call for Ban on Law Enforcement Use of Facial Recognition + (Jun. 3, 2021)

In a statement of concerns, EPIC and a coalition of more than 40 privacy, civil liberties, immigrants rights, and good government groups stated that "the most comprehensive approach to addressing the harms of face recognition would be to entirely cease its use by law enforcement." The statement lists six concerns with police use of the technology that can only be addressed by halting its use. The coalition calls for a moratorium or ban on use of facial recognition and urges Congress to not preempt state or local bans in any federal legislation addressing facial recognition. EPIC recently organized a coalition letter that led to the shutdown of a DC-area facial recognition system previously used on Black Lives Matter protesters. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.

King County, WA Bans Local Government Use of Facial Recognition + (Jun. 2, 2021)

An ordinance passed in King County, Washington bans "any person or entity acting on behalf of a King County administrative office or executive department" fromusing facial recognition technology or information derived from it. The ban includes the King County Sheriffs Department. Seattle's King County is the first county in the nation to ban government use of facial recognition technology. EPIC recently sought records on the US Postal Service's Internet Covert Operations Program use of Clearview AI facial recognition and other surveillance software. EPIC leads a campaign to Ban Face Surveillance and through the Public Voice Coalition has gathered support from over 100 organizations and experts from more than 30 countries.