S. 3779: ICE Out of Our Faces Act

This bill, titled the ICE Out of Our Faces Act, aims to limit the use of biometric surveillance systems, particularly facial recognition technology, by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP). Below are the key provisions of the bill:

Definitions

The bill defines several important terms:

• Biometric surveillance system: Software that performs facial recognition or other biometric identification in real-time or from recorded data.
• Covered immigration officer: Individuals authorized to perform immigration enforcement tasks, including those working for ICE and CBP.
• Facial recognition: An automated process that identifies or collects data about individuals based on their facial features.
• Other biometric recognition: Technology that identifies individuals based on characteristics like gait or voice, but does not include fingerprints or palm prints.
• Voice recognition technology: A process that identifies individuals based on voice characteristics.

Prohibition on Biometric Surveillance

The bill makes it unlawful for covered immigration officers to:

• Acquire, possess, access, or use any biometric surveillance system.
• Use information obtained from biometric surveillance systems operated by other entities.

Data Deletion Requirements

All information collected by covered immigration officers using biometric surveillance systems must be deleted within 30 days after the bill is enacted, regardless of when the data was collected.

Legal Implications

The bill outlines the following legal frameworks:

• Admissibility: Information obtained in violation of this bill is not admissible in federal investigations or proceedings unless related to a judicial investigation alleging a violation of the bill.
• Right to Sue: Individuals who believe their rights have been violated under this bill can sue the federal government in appropriate courts.
• Enforcement by State Attorneys General: State officials can bring civil actions to enforce the provisions of this bill on behalf of residents if there is a threat to their interests.
• Relief for Violations: Courts may grant various forms of relief, including damages and legal fees, to individuals who prevail in lawsuits under this bill.
• Civil Penalties: Immigration officers who violate the provisions may face penalties such as retraining or even termination.

Additional Provisions

The bill clarifies that it does not override any existing federal, state, or local laws unless there is a direct conflict with the bill’s provisions concerning covered immigration officers.

Relevant Companies

• ADBE (Adobe Inc.): Adobe provides various software services that could be utilized for biometric surveillance purposes, particularly related to image recognition technologies.
• GOOGL (Alphabet Inc.): Google's technology and AI services are often integrated into facial recognition systems, which may be affected by limitations imposed by this bill.
• MSFT (Microsoft Corporation): Microsoft offers technology that includes facial recognition capabilities, which may be limited if federal agencies can no longer utilize such systems.