New Mexico law enforcement’s use of facial recognition technology raises concern

By Peyton Spellacy

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    ALBUQUERQUE, New Mexico (KOAT) — Law enforcement agencies are increasingly using facial recognition technology that pulls images from social media, raising privacy concerns. Target 7 investigated how local police departments may already be using your photos – potentially without your knowledge.

If you’ve ever posted a selfie or walked into a business with security cameras, your image might have been captured, stored, and even used in a police lineup.

Ten years ago, KOAT brought you a story on the Albuquerque Police Department’s use of facial recognition technology. At the time, the database was limited to mugshots of individuals who had already been arrested. Even then, the ACLU raised concerns about where it was headed.

“It’s not about how they are using it now, it’s about how they might use it in the future,” a spokesperson for the ACLU warned in 2014. “What’s to stop the police department from scanning everyone who walks into the state fair?”

Fast forward to today, and while APD may not be scanning fair attendees, they are now potentially pulling images from almost everywhere else. The department is now using a service called Clearview AI, which states on their website they are the largest known database of over 50 billion facial images, sourced from news media, mugshot websites, public social media, and more.

Community leaders’ concerns: Has this gone too far?

For those at the American Civil Liberties Union, Clearview AI’s database is raising red flags.

“We should just take this out of the toolbox,” said Daniel Williams, a policing policy advocate for the ACLU. “Social media is a big part of people’s lives, and we want to be able to share pictures of special moments without worrying about them being used by law enforcement.”

Target 7 reached out to APD multiple times, but they declined an interview. The Target 7 team confirmed that they have a three-year contract with Clearview AI, with 75 authorized users. Other New Mexico law enforcement agencies are using it, too. Las Cruces, Rio Rancho, Española police departments, and Eddy County Sheriff’s Office also use Clearview AI.

The Eddy County Sheriff’s Office stated they don’t need probable cause to use Clearview AI, just a supervisor’s permission.

“It’s just a tool to get us on the right track in identifying someone,” said Eddy County Sheriff’s Office Det. Capt. Eric Threlkeld.

Agencies use Clearview AI by running a still image or surveillance footage through the system to see if it finds a match. However, Clearview AI does give a disclaimer, admitting that its results are not always 100% accurate, stating in its terms of service, “There is no guarantee as to the accuracy of the software.”

“It sort of goes against this idea that you’re not going to be surveilled by the government unless you’re suspected of a crime,” Williams said. “They’re gathering this information on everyone, whether or not you’re ever suspected of a crime.”

“Yeah, you’re being watched by the government. That’s true in pretty much any country in the world today,” Threlkeld said.

Williams also highlighted cases of wrongful arrests.

“We’ve seen people nationwide who have been falsely identified through programs like Clearview AI,” Williams said, adding that New Mexico’s diverse population can’t afford to ignore. “Facial recognition is especially poor at recognizing Black and Hispanic individuals.”

Threlkeld is aware of Clearview AI’s faults.

“That’s why we use it as just one tool among many to help identify suspects,” he said.

Clearview AI faced a class-action suit just this summer. In Illinois, a group of people whose images were stored filed a lawsuit claiming their privacy had been violated. While no such suit has been filed in New Mexico, KOAT’s legal expert, John Day, said that states like Illinois have laws regulating how law enforcement can use biometric data.

“There’s nothing illegal about what they’re doing under current New Mexico law,” Day said. “But the bigger question is, does it invade people’s privacy? That’s what the lawsuit in Illinois addressed.”

Clearview AI and the plaintiffs did reach a settlement, giving the plaintiffs a stake in the company. And Clearview AI continues its operations as usual.

Members of the ACLU say that laws need to catch up with rapidly advancing technology.

“We’re seeing a lot of development in these technologies, and our laws aren’t keeping pace,” Williams said.

The ACLU hopes that state legislators will address this growing concern in future sessions.

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