A federal lawsuit filed Feb. 23 by the legal nonprofit group Protect Democracy alleges the Department of Homeland Security used facial recognition technology unlawfully to track legal observers and label them domestic terrorists.
Locally, law enforcement representatives are addressing facial recognition technology-related fears from residents. They’re concerned about a potential collaboration with a company called Biometrica, which provides access to facial recognition search results.
In August, Milwaukee County Sheriff Denita Ball signed an “agreement of intent” to enter into a contract with Biometrica, said James Burnett, director of public affairs and community engagement and acting chief of staff at the Milwaukee County Sheriff’s Office.
“But the contract is still considered to be in draft form – not fully signed, executed or valid – and has to proceed, like any other proposed contract, through the county’s statutory signing process,” Burnett said.
There currently are no services or technology being provided by Biometrica, and Biometrica does not have access to any sheriff’s office data, Burnett said.
County Supervisor Sky Capriolo, member of the county’s Judiciary, Law Enforcement and General Services Committee, said she and residents have serious concerns.
“It warrants more consideration, education and discussion,” Capriolo said. “I certainly am not ready to green light a contract.”
Capriolo said she’s waiting to hear whether the contract will go to her committee again.
Milwaukee Police Chief Jeffrey Norman took a different step and banned the use of facial technology by his department in early February.
On Tuesday, Feb. 24, Norman announced the suspension of MPD officer Josue Ayala for the improper use of a different tracking tool, the Flock camera system, to track a dating partner and their former partner.
“I am extremely disappointed to learn about the incident and expect all members, sworn and civilian, to demonstrate the highest ethical standards in the performance of their duties,” said Norman in a statement.
Ayala was charged by the Milwaukee County District Attorney’s Office with one count of attempted misconduct in public office. Norman said he immediately directed MPD to create additional auditing mechanisms.
Concerns remain high
Social justice and civil rights advocates have expressed grave concerns about the use of the technology by both agencies, citing evidence of inaccuracies, racial bias and privacy violations.
Facial recognition technology uses artificial intelligence to identify someone by comparing a photo of an unknown face to some database of images of known faces, said Katie Kinsey at the Feb. 5 Milwaukee Fire and Police Commission meeting during a presentation by the NYU Policing Project.
The image databases can include mug shot collections, driver’s license records or images found on the internet, Kinsey said.
Facial recognition technology and local law enforcement
In spring, MPD acknowledged it used outside agencies’ licenses for facial recognition search results for two to three years without a written department policy.
The department also announced it was considering an agreement with Biometrica – an agreement that would have provided access to facial recognition technology to the department in exchange for approximately 2.5 million Milwaukee County Jail booking photos.
This proposal prompted months of public pushback before the announcement by Norman in February that the department would no longer pursue the technology.
ACLU preaches vigilance
The American Civil Liberties Union of Wisconsin welcomed Norman’s announcement but also expressed concerns about MPD’s past decision making.
It is “extremely concerning that MPD secretly used FRT (facial recognition technology) searches for years without any standard operating procedure – or any written guidelines – in place,” an ACLU spokesperson said in an email to NNS
The organization is urging Milwaukee residents to remain vigilant.
“Countless Milwaukee residents and community leaders have engaged in thoughtful community education, spent hours upon hours in public meetings and contacted their local elected officials to voice their unequivocal opposition to the use of (facial recognition technology), and they will still be watching,” the spokesperson said.
The MPD spokesperson told NNS the department could revisit the issue in the future when a policy is in place that aligns with both public safety benefit and public concerns.
Jonathan Aguilar is a visual journalist at Milwaukee Neighborhood News Service who is supported through a partnership between CatchLight Local and Report for America.
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