MCViewPoint

Opinion from a Libertarian ViewPoint

HART: Homeland Security’s Massive New Database Will Include Face Recognition, DNA, and Peoples’ “Non-Obvious Relationships”

Posted by Martin C. Fox on June 10, 2018

This isn’t about just drugs and terrorism, it is about everybody. That includes you.

However, if the relationships are “non-obvious,” one has to question whether they truly exist. Instead, DHS could be seeing connections among people that are based on nothing more than “liking” the same news article, using the same foreign words, or following the same organization on social media. This is highly problematic because records like these frequently inform officer decisions to stop, search, and arrest people.

As a Georgetown report recently noted, “DHS’ error-prone face scanning system could cause 1,632 passengers to be wrongfully delayed or denied boarding every day at New York’s John F. Kennedy (JFK) International Airport alone.”

DHS’s plans for future data collection and use should make us all very worried. For example, despite pushback from EFF, Georgetown, ACLU, and others, DHS believes it’s legally authorized to collect and retain face data from millions of U.S. citizens traveling internationally. However, as Georgetown’s Center on Privacy and Technology notes, Congress has never authorized face scans of American citizens.

https://www.eff.org/deeplinks/2018/06/hart-homeland-securitys-massive-new-database-will-include-face-recognition-dna-and

By Jennifer Lynch

The U.S. Department of Homeland Security (DHS) is quietly building what will likely become the largest database of biometric and biographic data on citizens and foreigners in the United States. The agency’s new Homeland Advanced Recognition Technology (HART) database will include multiple forms of biometrics—from face recognition to DNA, data from questionable sources, and highly personal data on innocent people. It will be shared with federal agencies outside of DHS as well as state and local law enforcement and foreign governments. And yet, we still know very little about it.

The records DHS plans to include in HART will chill and deter people from exercising their First Amendment protected rights to speak, assemble, and associate. Data like face recognition makes it possible to identify and track people in real time, including at lawful political protests and other gatherings. Other data DHS is planning to collect—including information about people’s “relationship patterns” and from officer “encounters” with the public—can be used to identify political affiliations, religious activities, and familial and friendly relationships. These data points are also frequently colored by conjecture and bias.

In late May, EFF filed comments criticizing DHS’s plans to collect, store, and share biometric and biographic records it receives from external agencies and to exempt this information from the federal Privacy Act. These newly-designated “External Biometric Records” (EBRs) will be integral to DHS’s bigger plans to build out HART. As we told the agency in our comments, DHS must do more to minimize the threats to privacy and civil liberties posed by this vast new trove of highly sensitive personal data…

DHS currently collects a lot of data. Its legacy IDENT fingerprint database contains information on 220-million unique individuals and processes 350,000 fingerprint transactions every day. This is an exponential increase from 20 years ago when IDENT only contained information on 1.8-million people. Between IDENT and other DHS-managed databases, the agency manages over 10-billion biographic records and adds 10-15 million more each week…

DHS’s new HART database will allow the agency to vastly expand the types of records it can collect and store. HART will support at least seven types of biometric identifiers, including face and voice data, DNA, scars and tattoos, and a blanket category for “other modalities.” It will also include biographic information, like name, date of birth, physical descriptors, country of origin, and government ID numbers. And it will include data we know to by highly subjective, including information collected from officer “encounters” with the public and information about people’s “relationship patterns.”…

DHS plans to include records in HART that will chill speech and deter people from associating with others.

DHS’s face recognition roll-out is especially concerning. The agency uses mobile biometric devices that can identify faces and capture face data in the field, allowing its ICE (immigration) and CBP (customs) officers to scan everyone with whom they come into contact, whether or not those people are suspected of any criminal activity or an immigration violation. DHS is also partnering with airlines and other third parties to collect face images from travelers entering and leaving the U.S. When combined with data from other government agencies, these troubling collection practices will allow DHS to build a database large enough to identify and track all people in public places, without their knowledge—not just in places the agency oversees, like airports, but anywhere there are cameras.

Police abuse of facial recognition technology is not a theoretical issue: it’s happening today. Law enforcement has already used face recognition on public streets and at political protests. During the protests surrounding the death of Freddie Gray in 2015, Baltimore Police ran social media photos against a face recognition database to identify protesters and arrest them. Recent Amazon promotional videos encourage police agencies to acquire that company’s face “Rekognition” capabilities and use them with body cameras and smart cameras to track people throughout cities. At least two U.S. cities are already using Rekognition.

DHS compounds face recognition’s threat to anonymity and free speech by planning to include “records related to the analysis of relationship patterns among individuals.” We don’t know where DHS or its external partners will be getting these “relationship pattern” records, but they could come from social media profiles and posts, which the government plans to track by collecting social media user names from all foreign travelers entering the country…

DHS’s plans for future data collection and use should make us all very worried. For example, despite pushback from EFF, Georgetown, ACLU, and others, DHS believes it’s legally authorized to collect and retain face data from millions of U.S. citizens traveling internationally. However, as Georgetown’s Center on Privacy and Technology notes, Congress has never authorized face scans of American citizens.

Despite this, DHS plans to roll out its face recognition program to every international flight in the country within the next four years. DHS has stated “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.”…

DHS’s Inspector General criticized the agency last year for failure to properly train its personnel on how biometric systems worked and noted that the agency’s reliance on third parties to verify travelers leaving the country “occasionally provided false departure or arrival status on visitors.” The OIG is again investigating the biometric exit program this year and plans to “assess whether biometric data collected at pilot locations has improved DHS’s ability to verify departures.” The Government Accountability Office has also looked into the agency’s programs, criticizing the reliability of DHS’s data and the agency’s failure to evaluate whether a program that collects biometrics from all travelers leaving the country was even feasible

Be seeing you

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