May, 21 2014, 08:01am EDT
U.S. To Release Targeted Killing Memo Sought by ACLU FOIA Lawsuit
NEW YORK
The Obama administration has reportedly decided that it will release a crucial Justice Department legal memo relating to U.S. targeted killing operations, which the government was ordered to do last month in a Freedom of Information Act lawsuit filed by the American Civil Liberties Union and The New York Times. The memo, which authorized the killing of U.S. citizen Anwar al-Awlaki, was written by David Barron, whom the Senate is currently considering for an appeals court judgeship.
"We hope this report signals a broader shift in the administration's approach to the official secrecy surrounding its targeted killing program," said ACLU Deputy Legal Director Jameel Jaffer, who argued the FOIA lawsuit before the Second Circuit Court of Appeals.
"The release of this memo will allow the public to better understand the scope of the authority that the government is claiming. We will continue to argue in court for the public release of the other targeted killing memos and related documents."
The Senate is expected to vote Wednesday on Barron's nomination to the First Circuit Court of Appeals. The ACLU does not endorse or oppose any judicial nominee, but has urged senators to not vote on the Barron nomination until reading all of the legal opinions on targeted killing that he wrote while in the Justice Department's Office of Legal Counsel.
"As important as this step is, we continue to believe that all Senators should have access to all targeted killing memos authored or signed by Mr. Barron," said Christopher Anders, ACLU senior legislative counsel. "Senators' access to memos about this unprecedented program is their constitutional role, and reading those memos is their constitutional obligation."
The ACLU's FOIA request seeks documents related to the legal and factual bases for the government's killing of three Americans in Yemen in 2011: Anwar al-Awlaki, his 16-year-old son Abdulrahman, and Samir Khan. The request included memos written by the Justice Department's Office of Legal Counsel concluding that the killing of American citizens would be constitutional in certain situations. The New York Times submitted a similar but narrower FOIA request, and the two resulting lawsuits were combined.
Information on the FOIA lawsuit is at:
aclu.org/national-security/anwar-al-awlaki-foia-request
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
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Markey, Jayapal Propose Ban on 'Deeply Disturbing' Facial Recognition Use by Federal Agencies
"Biometric data collection poses serious risks of privacy invasion and discrimination, and Americans know they should not have to forgo personal privacy for safety," said Sen. Ed Markey.
Mar 07, 2023
As evidence mounts that facial recognition technology is racially biased and has led to wrongful arrests of people in the U.S., Sen. Ed Markey and Rep. Pramila Jayapal on Tuesday reintroduced their legislation to impose sweeping prohibitions on the use of the technology by federal agencies and entities that receive federal funding.
The Facial Recognition and Biometric Technology Moratorium Act of 2023 would prohibit federal agencies from using facial recognition as well as biometric technology, including "voice recognition, gate recognition, and recognition of other immutable physical characteristics," according to Markey.
The Massachusetts Democrat has in recent months called on federal agencies including the Transportation Security Administration (TSA) and Immigration and Customs Enforcement (ICE) to stop using such surveillance mechanisms to identify people who may have committed crimes, warning the TSA last month that a recent federal study found "Asian and African-American people were up to 100 times more likely to be misidentified than white men by facial recognition technology."
The use of facial recognition stands "in the way of progress and perpetuate[s] injustice," said Markey in a statement.
"The year is 2023, but we are living through 1984. The continued proliferation of surveillance tools like facial recognition technologies in our society is deeply disturbing," said Markey. "Biometric data collection poses serious risks of privacy invasion and discrimination, and Americans know they should not have to forgo personal privacy for safety."
In addition to imposing a strict ban on the use of facial recognition and biometric technologies by federal entities, said Markey, the legislation would:
- Condition federal grant funding to state and local entities, including law enforcement, on those entities enacting their own moratoria on the use of facial recognition and biometric technology;
- Prohibit the use of federal dollars for biometric surveillance systems;
- Prohibit the use of information collected via biometric technology in violation of the law in any judicial proceedings;
- Provide a private right of action for individuals whose biometric data is used in violation of the act and allow for enforcement by state attorneys general; and
- Allow states and localities to enact their own laws regarding the use of facial recognition and biometric technologies.
Jayapal, a Democrat from Washington state, called the technology "invasive, inaccurate, and unregulated" and warned law enforcement agencies have already "weaponized" the surveillance systems against people of color.
In Maryland, Alonzo Sawyer was recently arrested near Baltimore for assaulting a bus driver and stealing their phone, despite the fact that he was home at the time of the attack and his wife confirmed his alibi. An intelligence agency used facial recognition technology to match Sawyer to CCTV footage from the bus.
Sawyer was just the latest Black American man to be arrested after being misidentified using facial recognition technology.
Those wrongful arrests are "why I have long called on government to halt the deployment of facial recognition technology," said Jayapal. "This legislation will not only preserve civil liberties but aggressively fight back against injustice by stopping federal entities from irresponsibly using facial recognition and biometric surveillance tools."
"Facial recognition has continued to harm vulnerable communities and erode our privacy, making this legislation more important than ever," said Caitlin Seeley George, campaigns and managing director for digital rights group Fight for the Future, which supports an outright ban on law enforcement use of the technology. "We cannot afford to wait any longer to put this invasive technology in check, and any lawmaker who claims to care about privacy and justice must prove it by supporting this legislation."
As they introduced the bill, Markey and Jayapal were joined by Sens. Jeff Merkley (D-Ore.), Bernie Sanders(I-Vt.), Elizabeth Warren(D-Mass.), and Ron Wyden (D-Ore.) and Reps. Ayanna Pressley(D-Mass.), Rashida Tlaib(D-Mich.), Earl Blumenauer (D-Ore.), Cori Bush (D-Mo.), Greg Casar (D-Texas), Adriano Espaillat (D-N.Y.), Barbara Lee (D-Calif.), Eleanor Holmes Norton (D-D.C.), Jamaal Bowman(D-N.Y.), and Jan Schakowsky (D-Ill.).
As Common Dreamsreported Tuesday, a lawsuit filed by the ACLU unveiled a "major investment" by the FBI in the development of facial recognition software.
\u201cThe FBI and the Department of Defense have been actively researching and developing facial recognition software for years.\n\nThe ultimate goal is to track large numbers of people using footage from any public surveillance camera \u2014 no matter how grainy, far, or obscured we are.\u201d— ACLU (@ACLU) 1678202897
"This sweeping government surveillance software is a nightmare for our privacy rights," said the ACLU Tuesday. "Lawmakers need to close the door on government abuse of this technology now, before it's too late."
The newly reintroduced legislation demonstrates that "Markey understands Congress should not be using federal funds to underwrite the use of technologies that threaten our most sacred civil rights and civil liberties," said Chad Marlow, senior policy counsel for the organization. "The ACLU applauds Sen. Markey's leadership on this issue and thanks all the members of Congress who join him in safeguarding our freedoms against the prying eyes of unchecked government surveillance."
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DOJ Sues to Block 'Blatantly Anti-Competitive' JetBlue-Spirit Airlines Merger
"The Department of Justice is standing up for passengers, workers, and communities across the country," said one expert.
Mar 07, 2023
Consumer and labor advocates on Tuesday welcomed a U.S. Department of Justice antitrust lawsuit seeking to block JetBlue's proposed $3.8 billion acquisition of Spirit Airlines, its biggest competitor, a deal that critics say would harm passengers and workers.
The Department of Justice (DOJ), along with the attorneys general of Massachusetts, New York, and Washington, D.C., allege in the civil antitrust suit that "by eliminating that competition and further consolidating the United States airlines industry, the proposed transaction will increase fares and reduce choice on routes across the country, raising costs for the flying public and harming cost-conscious fliers most acutely."
While the two airlines argue that their merger would increase competition, U.S. Attorney General Merrick Garland said in a statement that the deal "would result in higher fares and fewer choices for tens of millions of travelers, with the greatest impact felt by those who rely on what are known as ultra-low-cost carriers in order to fly."
"Americans want more choices and lower prices for airline tickets, not another giant merger."
Consumer advocacy groups agreed with Garland's assessment.
"In blocking this blatantly anti-competitive deal, the Department of Justice is standing up for passengers, workers, and communities across the country," William J. McGee, senior fellow for aviation and travel at the American Economic Liberties Project, said in a statement. "Don't believe JetBlue's corporate spin: Allowing JetBlue to gobble up a low-cost competitor and accelerate concentration in the aviation industry will immediately drive up fares nationwide."
\u201cIt's official: The Justice Department is suing to block the $3.8 billion JetBlue-Spirit merger.\n\nBefore 1978 the government used to regulate airlines heavily, even setting ticket prices.\n\nIt's time for the government to step in and regulate the industry again.\u201d— More Perfect Union (@More Perfect Union) 1678206220
Transport Workers Union of America (TWU)—which represents JetBlue flight attendants—also opposes the deal.
"We have yet to see a credible argument that a consolidated JetBlue-Spirit will enhance competition in the domestic airline industry," TWU international president John Samuelsen wrote in a letter to Garland and U.S. Transportation Secretary Pete Buttigieg last month.
"Workers and passengers will be harmed, just as they have been in many past airline consolidations, as the new airline follows the business practices, pricing strategies, and labor cost-cutting practices previous combined carriers have undergone," Samuelsen added.
\u201cLet us be clear- This hostile takeover is not good for the TWU\u2019s IFCs @JetBlue or our Guest Service Agents @SpiritAirlines , or the flying public, period. Our job is to defend TWU members and @transportworker is working hard to ensure that this acquisition is dead on arrival .\u201d— John Samuelsen (@John Samuelsen) 1677677968
Some opponents of the airline megadeal noted that the U.S. Department of Transportation (DOT) has the power to do more to block anti-competitive mergers and acquisitions.
As the Economic Liberties Project noted: "The DOT already has broad, existing authority under the Clayton Act to block airline mergers. Similarly, under Title 49 of the U.S. Code, DOT has broad authority to investigate and prosecute anti-competitive airline mergers, and to deny route transfers that contravene the public interest or affect domestic competition."
The group also highlighted President Joe Biden's call for Buttigieg to deliver financial relief to air travelers and align the DOT with the White House's plan to promote a more competitive economy.
\u201cAmericans want more choices and lower prices for airline tickets, not another giant merger. Critical action to protect consumers and workers by AAG Kanter & Secretary Buttigieg. I've urged federal agencies to heed @POTUS' call to use their antitrust tools to promote competition.\u201d— Elizabeth Warren(@Elizabeth Warren) 1678207578
"Secretary Buttigieg and the Department of Transportation have broad authority to block harmful mergers and promote competition throughout the airline industry," McGee said. "We're also pleased to see reporting that DOT plans to use their power, embracing President Biden's competition agenda, to stop the JetBlue-Spirit deal."
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ACLU Obtains Docs Detailing FBI, Pentagon Development of Facial Recognition Tech
"The continued proliferation of surveillance tools like facial recognition technologies in our society is deeply disturbing," said Sen. Ed Markey, reintroducing a federal ban.
Mar 07, 2023
Thousands of records about U.S. government involvement in the research and development of facial recognition technology—unveiled due to an ACLU lawsuit and first reported on Tuesday by The Washington Post—fueled fresh calls for a federal ban on such tools.
"Americans' ability to navigate our communities without constant tracking and surveillance is being chipped away at an alarming pace," Sen. Ed Markey(D-Mass.) told the Post. "We cannot stand by as the tentacles of the surveillance state dig deeper into our private lives, treating every one of us like suspects in an unbridled investigation that undermines our rights and freedom."
While some cities and states have taken action, there is currently no federal law restricting the use of facial recognition tools. However, Markey pledged to reintroduce his proposed ban on government use of the technology—which he did, alongside Rep. Pramila Jayapal(D-Wash.) and other Democrats, within hours of the reporting.
"As we work to make our country more equitable, we cannot ignore the technologies that stand in the way of progress and perpetuate injustice."
"The year is 2023, but we are living through 1984. The continued proliferation of surveillance tools like facial recognition technologies in our society is deeply disturbing," declared Markey, reintroducing the Facial Recognition and Biometric Technology Moratorium Act, which is backed by various groups including the ACLU.
"Biometric data collection poses serious risks of privacy invasion and discrimination, and Americans know they should not have to forgo personal privacy for safety," the senator said. "As we work to make our country more equitable, we cannot ignore the technologies that stand in the way of progress and perpetuate injustice."
Despite concerns about accuracy and bias—bolstered by examples of misidentified Black men being arrested for crimes they did not commit—the U.S. Defense Department and Federal Bureau of Investigation (FBI) were more closely involved in work on facial recognition software to identify people from drone and street camera footage than was previously known, according to the documents revealed as a result of the ACLU's public records lawsuit filed in late 2019.
\u201cThe FBI and the Department of Defense have been actively researching and developing facial recognition software for years.\n\nThe ultimate goal is to track large numbers of people using footage from any public surveillance camera \u2014 no matter how grainy, far, or obscured we are.\u201d— ACLU (@ACLU) 1678202897
The Post reported that documents including internal emails and presentations expose how intimately officials at the FBI—which is part of the Justice Department—and Pentagon "worked with academic researchers to refine artificial intelligence techniques that could help in the identification or tracking of Americans without their awareness or consent."
Many of the records pertain to the Janus program, which was funded by the Intelligence Advanced Research Projects Agency (IARPA) and ultimately folded into a search tool used by multiple federal agencies called Horus. As the newspaper detailed:
Program leaders worked with FBI scientists and some of the nation's leading computer vision experts to design and test software that would quickly and accurately process the "truly unconstrained face imagery" recorded by surveillance cameras in public places, including subway stations and street corners, according to the documents, which the ACLU shared with The Washington Post.
In a 2019 presentation, an IARPA program manager said the goal had been to "dramatically improve" the power and performance of facial recognition systems, with "scaling to support millions of subjects" and the ability to quickly identify faces from partially obstructed angles. One version of the system was trained for "Face ID... at target distances" of more than a half-mile.
To refine the system's capabilities, researchers staged a data-gathering test in 2017, paying dozens of volunteers to simulate real-world scenarios at a Defense Department training facility made to resemble a hospital, a subway station, an outdoor marketplace, and a school, the documents show. The test yielded thousands of surveillance videos and images, some of which were captured by a drone.
"IARPA said in public filings that the Janus program had helped advance 'virtually every aspect of fundamental face recognition research' and led to algorithms that were 'twice as accurate as the most widely used government-off-the-shelf systems,'" the Post noted.
\u201cThe FBI + DOD were actively involved in the R&D of facial recognition software they hoped to use to ID people from street camera + drone footage. \u201cWe\u2019re essentially beta-testing technology on real people with real-world consequences.\u201d https://t.co/ed2FaNZPQi via @drewharwell\u201d— Rachael Myrow (@Rachael Myrow) 1678210234
Nathan Freed Wessler, deputy director of the ACLU's Speech, Privacy, and Technology Project, told the newspaper that the tool's use in U.S. mass surveillance would be a "nightmare scenario."
"It could give the government the ability to pervasively track as many people as they want for as long as they want," he said. "There's no good outcome for that in a democratic society."
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