EPIC filed an amicus brief in State v. Miles calling on the court to recognize a defendant’s right to know the details of how he was identified using facial recognition technology. The brief argues that discovery is necessary so that criminal defendants and the public at large can ensure courts are making deciscions based on good evidence. The risk of misidentification from a facial recognition system is unique to each search and varies greatly based on the system used, the database searched, the quality of the photograph submitted, and the demographics of the individual potentially misidentified.
EPIC Executive Director Alan Butler testified before the House Cybersecurity, Information Technology, and Government Innovation Subcommittee in a hearing entitled: “Breach of Trust: Surveillance in Private Spaces.” In his written testimony Butler explained that “Life in the era of ‘always on’ (and always recording) devices imposes significantly on our privacy, and in return we must collectively call on industry and government leaders alike to mitigate these harms by adopting more privacy protective standards and practices.”
EPIC, the Center for Democracy & Technology, Electronic Frontier Foundation, and the American Civil Liberties Union submitted a joint statement ahead of the Senate Hearing “Defending Against Drones: Setting Safeguards for Counter Unmanned Aircraft Systems Authorities.”
The Privacy and Civil Liberties Oversight Board released a staff report on the TSA’s use of facial recognition at airport security lines. The report found, among other things, a failure by the DHS Chief Privacy Officer to conduct a privacy compliance review of TSA’s use of facial recognition as required by DHS Directive 026-11. According to the report, “TSA has not disclosed a schedule for such reviews, nor committed to disclosing the results of such audits and any acts of non-compliance to oversight entities.”
Senators Jeff Merkley (D-OR) and John Kennedy (R-LA) introduced the Traveler Privacy Protection Act, which would strictly regulate the use of facial recognition technology by the Transportation Security Administration. EPIC endorsed the Act stating that it “will ensure facial recognition technology is not forced upon the air traveling public and prevent TSA’s use of the tech from expanding beyond identity verification.”
The Transportation and Security Administration began enforcing “REAL ID” requirements at airport checkpoints. Nearly 20 percent of passengers traveling in U.S. airports do not have a compliant ID, according to recent TSA figures. These passengers could face additional screening procedures and requests for other forms of identification. EPIC has long opposed identification requirements that threaten fundamental rights and expose Americans to increased risks of data breach.
