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Law enforcement agencies collect facial photos from arrestees and other government databases to convert into mathematical templates and upload to a shared database. Officers can take query photos of unidentified people in the field, from social media, or CCTV to match against known photos using facial recognition algorithms. Defense attorneys should look for indications facial recognition was used like unusual arrest locations or buzzwords in reports and can challenge evidence by subpoenaing development contracts or source code to search for flaws.

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46 views14 pages

FR PDF

Law enforcement agencies collect facial photos from arrestees and other government databases to convert into mathematical templates and upload to a shared database. Officers can take query photos of unidentified people in the field, from social media, or CCTV to match against known photos using facial recognition algorithms. Defense attorneys should look for indications facial recognition was used like unusual arrest locations or buzzwords in reports and can challenge evidence by subpoenaing development contracts or source code to search for flaws.

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Facial Recognition

What is it and how does it work?


1. LEAs collect photo mugshots of arrestees and
ask other government agencies (like the DMV or
the State Dept.) that also collect photos of faces
to share their info
Facial Recognition
What is it and how does it work?
2. The digital images are then converted into a
mathematical representation of pre-designated
measurements
Facial Recognition
What is it and how does it work?
3. The mathematical templates are uploaded
into a common database
Facial Recognition
What is it and how does it work?
4. Cops take a “query” photo they want to ID,
convert the image into a mathematical
representation that can be compared with the
known photos in the database(s), using facial
recognition algorithms that rely on unique
physical markers on your face to find the closest
mathematical matches.
Facial Recognition
Where do cops get a query photo?
1. In the field:

2. Social media:

3. CCTV:

4. Smart City cameras:


Facial Recognition
How do I know if cops used FR in my case ?
Look for the following factors which may indicate
use of FR:
An officer or witness took your client’s photo
before booking.
Your client was arrested in an unusual location or
without notice.
You see certain buzzwords in the police report.
Facial Recognition
Buzzwords to look for in reports:
“photos from a police database”
Next Generation Identification-Interstate Photo
System (“NGI-IPS”) – FBI database of nearly 73
million criminal records and over 53 million
civilian records
Facial Analysis, Comparison and Evaluation
(“FACE”) Services – over 411 million non-criminal
photos from DMV & passports
Universal Control Number (“UCN”) – ID #
assigned to photo
Repository for Individuals of Special Concern
(“RISC”)
“Candidate List” – list of potential matches
Facial Recognition
How do I challenge FR evidence?
Subpoena contract between the LEA, DOJ, and
FR prgm developers to review limits in
programming capabilities.
Object to error rates and false positives: NGI
purports to provide the “true candidate” in
the top 50 profiles only 85% of the time – and
that’s presumably only if the “true candidate”
is even contained within the database –
leaving the system prone to false positives.
Facial Recognition
How do I challenge FR evidence?
Consider filing a motion to compel the FR
algorithm source code in order to search for
flaws that may affect search results
If in IL and a stock photo is taken from a
private actor, take advantage of the IL
Biometric Information Privacy Act (740 ILCS
14/15, § 15(b)) that requires notice and consent
before use of FR tech
Facial Recognition
How do I learn more?
Read Govt Accountability Office report on FR:
eff.org/FRGAO2016
EFF’s 2017 Senate Testimony on FR:
eff.org/FR2017
Georgetown’s Law’s Report on FR:
https://www.perpetuallineup.org/
Ex. of law enforcement’s FR training:
eff.org/FRLEAtraining
Review of FR program flaws: eff.org/FRflaws
NGI/RISC Privacy Impact Assessment:
eff.org/FRPIA
Stephanie Lacambra
Criminal Defense
Staff Attorney
415-436-9333 x130
stephanie@eff.org

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