REP LIEU, SEN OSSOFF AND REP CLARKE CALL ON FBI TO PROTECT AMERICANS' PRIVACY AND CONSTITUTIONAL RIGHTS

WASHINGTON — Today, Congressman Ted W. Lieu (D-Los Angeles County), Senator Jon Ossoff (D-GA), and Congresswoman Yvette Clarke (D-NY) launched an inquiry with the FBI into its facial recognition policies and practices to ensure that the Bureau respects the freedoms and privacy the First and Fourth Amendments guarantee for Californians and all Americans. In a letter, Rep. Lieu, Sen. Ossoff and Rep. Clarke ask the FBI for more information on how it uses facial recognition technology, warning of possible abuses to Constitutional rights.

In September, Reps. Lieu and Clarke, along with Congresswoman Sheila Jackson Lee (D-TX) and Congressman Jimmy Gomez (D-CA) introduced the Facial Recognition Act of 2022 to place strong limits and prohibitions on law enforcement use of facial recognition technology. The Members' legislation places strong limits on law enforcement use of FRT; provides transparency to individuals harmed by the use of FRT; and ensures annual assessments and reporting on law enforcement use of the technology.

"Among our principal concerns are First Amendment issues related to the use of facial recognition," the Members of Congress wrote. "The information requested by this letter will help the American people's lawful representatives better understand how the FBI – and law enforcement agencies using the FBI's tools – are employing facial recognition technology."

Upon sending the letter, the Members issued the following statements:

"Facial recognition technology opens a wormhole of civil liberty concerns, and it's imperative that law enforcement use this technology sparingly and judiciously. Law enforcement should not deploy this technology to identify peaceful protestors, investigate minor offenses and arrest people without additional evidence. This technology is error prone and the likelihood of misidentification by FRT is higher for people of color. As the body that oversees the Federal Government, Congress has a duty to ensure that the FBI is not misusing this flawed technology. That is why Senator Ossoff, Representative Clarke and I are calling for the FBI to be transparent with Congress about how it uses FRT," Congressman Lieu said.

"Congress needs full visibility into the use of facial recognition technology in domestic investigations given the significant privacy, national security, and First Amendment implications," Sen. Ossoff said.

"Our nation is far too familiar with the flaws and built-in biases of facial recognition as the technology currently stands. In my own district, FRT has already been responsible for denying tenants entrance to their own homes, misidentifying suspects of crimes they did not commit, and far more unjust abuses than any of its victims care to remember. The tragic reality is the implications of this nascent technology are already impacting real people every day, particularly People of Color and members of minority communities," Congresswoman Yvette D. Clarke said. "We are all aware that Congress holds a sacred obligation to the security and well-being of the American people – the FBI does, as well. Along with it, a responsibility to provide Congress with the vital data and information we've requested. I am certain it will. I look forward to further discussions with Director Wray regarding his Facial Analysis, Comparison, and Evaluation Services Unit, and I promise to continue standing beside my colleagues in Congress and behind the American people until we know the necessary answers to how this defective technology can be used for effective law enforcement."

READ THE FULL TEXT OF THE LETTER HERE

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