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FBI and ICE Used Facial Recognition to Scan Driver’s Licenses

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  • New documents show that ICE and the FBI have been using facial recognition technology to scan millions of Americans’ photos through state driver’s license databases.
  • This is the first known instance of ICE using facial recognition to look through these databases.
  • ICE officials reportedly requested to look at databases in Washington, Vermont, and Utah, all states that allow undocumented immigrants to obtain licenses.
  • There are no federal or state laws that allow either ICE or the FBI to use this technology on DMV databases, and in some cases, states have privacy laws preventing it.

New Documents

New documents reportedly show that Federal Bureau of Investigation (FBI) and Immigration and Customs Enforcement (ICE) agents used facial recognition to scan millions of Americans’ photos without their knowledge or consent by accessing state driver’s license databases.

Researchers at Georgetown Law’s Center on Privacy and Technology used public-records requests to get thousands of internal documents, emails, and facial-recognition requests from the past five years and gave the documents to The Washington Post and The New York Times.

This new information represents the first known instance of ICE using facial recognition technology to look through states driver’s license databases, which include millions of photos of legal residents and citizens.

According to the reports, the documents show that ICE officials requested to look through the databases of at least three states that allow undocumented immigrants to obtain licenses. Those states were Utah, Vermont, and Washington.

According to The Times, Utah and Vermont complied with the searches. In Washington, ICE agents authorized subpoenas of the Department of Licensing (DOL) to use facial recognition technology to scan all photos of license applicants. It is unclear if the state actually carried out the searches.

ICE

Congress and state legislatures have not authorized ICE to conduct these kinds of searches.

Harrison Rudolph, a privacy expert and an associate at Georgetown Law’s Center on Privacy and Technology told The Times, “This is a scandal.”

“States have never passed laws authorizing ICE to dive into driver’s license databases using facial recognition to look for folks,” he said. “These states have never told undocumented people that when they apply for a driver’s license they are also turning over their face to ICE. That is a huge bait and switch.”

ICE accessing these databases even seems to run counter to laws passed in some states.

In 2012 the Washington State Legislature passed a law that said ICE could only use facial recognition on driver’s licenses when authorized by a court order, which ICE did not do.

Officials in Vermont stopped using facial recognition technology in 2017 after the ACLU found records showing that the state’s Department of Motor Vehicles (DMV) had been conducting searches in violation of state law.

Still, both state’s have been involved in scandals where licensing officials provided ICE with information about undocumented immigrants. Last year, The Seattle Times reported that the Washington State DOL was giving ICE the license applications of undocumented immigrants.

In January, activists filed a lawsuit in Vermont after public records showed that the state DMV gave ICE names, photos, car registrations, and other information about undocumented immigrants.

FBI 

Democratic and Republican lawmakers at the federal level have also echoed similar sentiments about how the FBI has not been given congressional authority to conduct these searches.

“Law enforcement’s access of state databases [is] often done in the shadows with no consent,” Democratic Rep. Elijah Cummings, who is the House Oversight Committee Chairman, told The Post in a statement.

Last month, Rep. Jim Jordan, who is the House Oversight Committee’s ranking Republican, also criticized using federal facial-recognition searches on driver’s license photos in a hearing. 

“They’ve just given access to that to the FBI,” Jordan said.“No individual signed off on that when they renewed their driver’s license, got their driver’s licenses. They didn’t sign any waiver saying, ‘Oh, it’s okay to turn my information, my photo, over to the FBI.’ No elected officials voted for that to happen.”

Regardless, the FBI has still conducted hundreds of thousands of facial recognition scans on driver’s licenses.

According to a new report from the Government Accountability Office, the FBI has run over 390,000 facial recognition searches through state, local, and federal databases. They also have access to databases in 21 states that hold over 641 million photos.

While those states have rules for the searches, like that each search has to pertain to a criminal investigation, the FBI does not provide much information about when the searches are used, who they target, or how often they return false matches.

Many experts have said that inaccuracies in facial recognition technology can lead to false identification or wrongful arrests. Multiple studies have shown that people of color are more likely to be misidentified by facial recognition software, especially women of color.

According to The Post, the records given to them show how easily federal investigators can access state licensing databases.

While states like Washington require federal subpoenas or court orders, a lot of the search requests only involved sending an email to a DMV official with a “probe photo” of a target attached. 

The DMV official would search their database and give the investigators details of possible matches. Those capabilities were not only used to identify criminal suspects, but also “to detect possible witnesses, victims, bodies, and innocent bystanders and other people not charged with crimes,” The Post stated.

The FBI did not provide a comment, and a spokesperson for ICE told The Times the agency would not comment because of “law-enforcement sensitivities.”

“During the course of an investigation, ICE has the ability to collaborate with external local, federal and international agencies to obtain information that may assist in case completion and subsequent prosecution,” the spokesperson said. “This is an established procedure that is consistent with other law enforcement agencies.”

In May, San Fransico became the first city to ban the use of facial recognition technology by city departments like the police. Last month, Somerville, Massachusetts followed suit and banned their police and public agencies from using facial recognition software.

See what others are saying: (The Washington Post) (The New York Times) (Vice)

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Conservatives are Mad at “Woke” Xbox for Minor Climate-Related Updates

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The fury comes after Xbox announced it was slightly altering existing consoles to better utilize and save energy.


Same War, New Battlefield

Mere days after M&M canceled their “spokescandies” due to backlash from the right, led largely by Fox News’ Tucker Carlson, conservatives have found a new front for their ongoing culture war: Xbox.

Carlson spent months complaining that small character redesigns were “woke” because they made the animated anthropomorphized M&M’s — in his own words — “less sexy.” His campaign finally proved successful on Monday when the company announced it would be doing away with the spokescandies and replacing them with actress Maya Rudolph.

Conservatives, now facing a sudden dearth of non-issues to complain about, quickly found a new issue to rage against. Xbox announced in a blog post earlier this month that it is making minor updates to lower its environmental impact as part of an effort to reach Microsoft’s goal of being carbon-negative by 2030.

Now, instead of having an Xbox wake up to update games, apps, and software during random times of the night, it will do that at a time of night when a user’s local energy grid is generating the most power it can from renewable sources. 

Xbox also said it would automatically update some older consoles to a power-saving mode that aims to reduce electricity consumption when it is turned off — a feature that is already the default on newer consoles.

According to The Verge, the only difference for users is that an Xbox in power-saving mode takes around 15 seconds to boot up instead of doing so immediately as the console does in “sleep” mode. The change is a small price to pay for what the outlet described as “significant” energy savings.

Xbox Under Fire

To many leading conservative voices, the minimal shifts were just another example of “woke” culture. 

While discussing M&M’s spokescandies Tuesday morning, “Fox and Friends” co-host Ainsley Earhardt brought up Xbox’s new changes with Fox radio host Jimmy Failla.

“So Xbox has also announced that they’re going woke too, you know, because of climate change,” Earhardt said.

“I mean, it’s crazy what they’re doing, but we understand what this is. It’s not that it’s actually going to offset emissions, okay — the level of reduction is infinitesimal,”  Failla claimed, without evidence. “But they’re trying to recruit your kids into climate politics at an earlier age; make them climate conscious now.”

“Yeah, I didn’t think of that — you’re right, they’re going after the children,” Earhardt agreed, despite the fact that internal data from Microsoft shows just around 10% of Xbox owners are under the age of 18.

Other prominent conservatives also did their part to bait Americans into anger on social media, including America’s Foundation, which posted a tweet stating that “the woke brigade is after video games.”

The post linked an article from the right-wing website TheBlaze, which asserted that “Xbox will force gamers to power down to fight climate change.”  That, however, is false — Xbox has said users can switch back and change the settings any time they want

Still, top lawmakers continued to share the article and spread its false claims, including Sen. Ted Cruz (R-Tx.).

“First gas stoves, then your coffee, now they’re gunning for your Xbox,” he wrote in the post, which was flagged by Twitter and given an “added context” warning.

The same warning, however, was not placed in a very similar post by Rep. Troy Nehls (R-Tx.), who also shared the article.

“They want to take your guns. They want to take your gas stoves. And now they want to take your Xbox. What’s next?” he wrote.

See what others are saying: (The Washington Post) (The Daily Beast) (VICE)

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Washington State Launches Investigation Into Abuse at Private Special Ed. Schools

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Allegations include staff kicking a fourth-grader and dragging a child with autism around by his leg.


Abuse Allegations

Washington State’s Office of Superintendent of Public Instruction (OSPI) has launched an investigation into a system of private schools for kids with disabilities after ProPublica and the Seattle Times reported on allegations of abuse.

The series of articles focused on Northwest School of Innovative Learning (NWSOIL). NWSOIL is a set of private schools that serve 500 Washington public school students with serious disabilities. ProPublica and the Seattle Times found years of complaints from parents and school districts against NWSOIL alleging abuse, overuse of isolation rooms, and unqualified aides teaching instead of certified professionals.

One district claimed NWSOIL staff kicked a fourth-grader. Another alleged that a child with autism was dragged around by his thigh.

Many former NWSOIL employees also claim that they were pressured by their parent company to to enroll more students and skimp on basic resources, like staffing.

Investigation Launched

In a seven-page letter, OSPI reminded NWSOIL of its authority to revoke or suspend a school’s approval, meaning that it could shut NWSOIL down. 

“Given the serious nature of the allegations made in the articles, OSPI is examining what, if any, actions need to be taken with respect to Northwest SOIL’s approval to contract with Washington school districts,” Tania May, assistant superintendent for special education at OSPI, wrote in the letter.

OSPI has demanded any records of mistreatment, maltreatment, abuse, or neglect as well as documents pertaining to restraint or isolation of students and calls to the police. They are also seeking information about the student-to-teacher ratio and staff qualifications. 

In the letter, OSPI claims that all of this was previously unknown to them as well as to police, Child Protective Services, and local school districts. They are asking NWSOIL for an explanation as to why the allegations were not reported. 

NWSOIL defended itself in a public statement.

“Use of restraints and seclusion are always used as a last response when a student is at imminent risk of hurting themselves or others, it said. “We strongly deny any allegation that we understaff and/or pressure staff to increase admissions in order to maximize profits.” 

Washington state representatives are considering a reform bill that will give them more oversight on the publicly funded system of private special education schools. 

In this legislation, OSPI and at least one district that sends students to this program would be required to visit before approving the contract. It would also standardize district agreements with programs like NWSOIL, including financial safeguards to make sure funds are being used appropriately.

See the full series: (ProPublica) (The Seattle Times)

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Mass Shootings in Half Moon Bay, Oakland Rock California

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Just since Saturday, at least 19 people have been killed and 17 have been injured in mass shootings in California.


California Sees Third Attack in Under a Week

Two California localities experienced separate mass shootings Monday, just days after an attacker killed 11 and injured nine others in a suburb of Los Angeles.

The first of the most recent shootings took place in Half Moon Bay, a small coastal town about 30 miles outside of San Francisco, where a gunman killed seven and critically injured an eighth at two different locations.

According to authorities, police were dispatched to the first location around 2:20 pm and found four people shot to death and a fifth victim also suffering gunshot wounds. Shortly after, three more people were found dead at another site nearby.

About two hours later, police discovered the suspect in his car in the parking lot of a San Mateo County Sheriff’s Office substation with a semiautomatic handgun in the vehicle that officials later confirmed he had purchased legally.

Sheriff Christina Corpus said the man was taken into custody “without incident” and is “fully cooperating.” He has been identified as a 66-year-old Half Moon Bay resident of Asian descent.

Currently, the gunman’s motive is unknown, but the Sheriff told reporters Monday that both of the locations he targeted were nurseries, and it has since been reported that they were mushroom farms.

“All evidence we have points to this being an instance of workplace violence. The Mountain Mushroom Farm, the first location, is where the subject was employed,” Corpus said in a press conference Tuesday, though she added that, so far, the “only known connection between the victims and the suspect is that they may have been coworkers.”

As of writing, it remains unclear why he targeted the second location. A mushroom farm called Concord Farms has told reporters that it was the site of the second shooting — which a law enforcement official confirmed to The Washington Post.

In a statement to the media, a spokesperson said the farm had “no past knowledge” of the alleged gunman or his possible motives. Little has been released about the victims, though Corpus said Tuesday they were all adults and a “mixture of Asian and Hispanic descent,” some of whom were migrants. 

Authorities had previously stated that, because people both live and work on the farms, children were among those who witnessed the shooting. However, on Tuesday, one official walked that back and said while children were indeed in the vicinity, police do not have information about specific witnesses.

Just hours after the violence in Half Moon Bay, seven people were injured, and one other was killed during a shooting at a gas station in Oakland. Very little has been reported about the incident, but police have said that the shooting was “between several individuals.”

Renewed Calls for Gun Control

Californians continue to reel from the rapid succession of mass shootings in a state known for its strict gun control laws.

According to Everytown for Gun Safety, a nonprofit that advocates against gun violence, the state ranks No. 1 in the country for gun law strength. An analysis led by the organization found that California has the sixth-lowest rate of gun ownership and the eighth-lowest gun death rate.

Many of California’s top lawmakers have argued that the state’s relatively low gun violence statistics emphasize the need for more federal regulations.

“The Second Amendment’s becoming a suicide pact,” Gov. Gavin Newsom (D) told CBS News in an interview.

“We’ll continue to find whatever loopholes we can and continue to lead the national conversation on gun safety reform. And the data bares out. It works. It saves lives,” he continued. “California’s 37% lower than the death rate of the rest of the nation, and yet, with all that evidence, no one on the other side seems to give a damn. I can’t get anything done in Congress.”

Following the Monterey Park shooting, U.S. Sen. Diane Feinstein (D-Ca.), alongside other Democratic colleagues, introduced two gun control bills in the upper chamber. The first would ban assault weapons, while the second aims to raise the minimum age to purchase assault weapons from 18 to 21.

President Joe Biden quickly threw his support behind the measures, urging Congress to pass them.

“The majority of the American people agree with this commonsense action,” he said in a statement Monday. “There can be no greater responsibility than to do all we can to ensure the safety of our children, our communities and our nation.”

Editor’s Note: At Rogue Rocket, we make it a point to not include the names and pictures of mass murders, suspected mass murderers, or those accused of committing violent crimes who may have been seeking attention or infamy. Therefore, we will not be linking to other sources, as they may contain these details.

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