Maine bill could make it easier for law enforcement to use facial recognition tech

Civil liberties advocates are worried that a bill before the state legislature would allow the Maine Secretary of State to use facial-recognition technology to assist federal and state law enforcement agencies in their investigations.

A bill sponsored by Secretary of State Matthew Dunlap, LD 1899, which proposes a series of changes to Maine’s motor vehicle laws, would specifically allow the Bureau of Motor Vehicles to share driver’s license biometric data, including facial images, fingerprints and retinal scans, with law enforcement.

The Secretary of State’s office say they only currently use facial image data and the law would prohibit the department from opening up its image records to an outside entity, but privacy advocates say there is reason for concern, as the bill would allow the BMV to use facial recognition technology to search for a driver’s image upon law enforcement’s request.

The American Civil Liberties Union of Maine is concerned that the bill’s proposed sharing agreement would make it easier for state and federal law enforcement, including immigration authorities, to use statewide facial recognition technology, which they consider a dangerous advance in government tracking.

“This bill would enshrine in statute the ability of state and federal law enforcement agencies to use workers in the Secretary of State’s office to access high-definition photos of ordinary Mainers,” Michael Kebede, policy counsel at the Maine ACLU told members of the legislature’s Transportation Committee on Thursday.

A 2019 study by the National Institute of Standards and Technology found that facial recognition systems misidentify people of color more often than white people. It found that Asian Americans and African Americans were up to 100 times more likely to be misidentified than white men.

“For Black people, especially Black women, and transgender people, and immigrant communities, peer-reviewed studies show certain face surveillance algorithms have high failure rates, leading to a higher number of false positives,” Kebede explained. “Studies have also shown that face surveillance technology is prone to misgendering transgender people.”

“In this political climate, where federal law enforcement has been highly politicized, immigrants are already fearful and engagement with public institutions, including local police, and face surveillance systems would further chill immigrant participation in public life,” he said, adding, “Mainers must be able to visit substances use clinics, churches and synagogues, friends and family, political protests and doctors offices without fear that a government agent is secretly keeping tabs on their every movement.”

The Maine ACLU suggests that lawmakers amend the bill to limit sharing of biometric information, only allowing it in the case of an emergency involving an imminent threat to life.

Lawmakers will further consider the bill in committee.

Photo: The Bureau of Motor Vehicles Bangor branch | Beacon