Photo: Mario Villafuerte/Getty Images)

The FBI and Immigration and Customs Enforcement have been using driver’s license photos for facial recognition searches without their owners' knowledge or consent, the Washington Post first reported Sunday.

Why it matters: This is the "first known instance of ICE using facial recognition technology to scan state driver’s license databases, including photos of legal residents and citizens," notes the New York Times, which reviewed the details that Georgetown Law's Center on Privacy and Technology obtained via public records requests.

In Utah, Vermont, and Washington, undocumented people come out of the shadows to get drivers licenses. ICE then asks those DMVs to run face recognition searches to find and deport them."
— Center on Privacy & Technology founding director Alvaro Bedoya tweet

The big picture: Lawmakers including House Oversight Committee members have expressed concern previously over aspects of the FBI facial recognition database. The NYT notes that use of such technology by law enforcement is neither new nor rare, with more than 2 dozen states allowing law enforcement to request searches against driver’s license databases.

  • A Government Accountability Office report published in June shows the FBI has been accessing state law enforcement photo databases for nearly a decade, in particular those concerning visa and driver’s license applications.
  • In May, San Francisco became the first major U.S. city to ban facial recognition technology by police and municipal agencies. However, Federal law enforcement is exempt.

What they're saying: The FBI referred the WashPost to the testimony that deputy assistant director Kimberly Del Greco gave to Congress in June in which she said facial-recognition technology is critical "to preserve our nation’s freedoms, ensure our liberties are protected, and preserve our security."

  • ICE declined to answer the WashPost's questions because it said "investigative techniques are generally considered law-enforcement sensitive."

Go deeper: Congress questions FBI over facial recognition database

Go deeper

Updated 1 hour ago - Politics & Policy

Coronavirus dashboard

Illustration: Sarah Grillo/Axios

  1. Global: Total confirmed cases as of 7 p.m. ET: 19,734,428— Total deaths: 728,612 — Total recoveries — 12,001,537Map.
  2. U.S.: Total confirmed cases as of 7 p.m. ET: 5,036,387 — Total deaths: 162,851 — Total recoveries: 1,656,864 — Total tests: 61,792,571Map.
  3. Politics: Pelosi says states don't have the funds to comply with Trump's executive order on unemployment — Mnuchin says Trump executive orders were cleared by Justice Department.
  4. Public health: Ex-FDA head: U.S. will "definitely" see 200,000 to 300,000 virus deaths by end of 2020 — Fauci says chances are "not great" that COVID-19 vaccine will be 98% effective.
  5. Schools: Nine test positive at Georgia school where photo showing packed hallway went viral — How back-to-school is playing out in the South as coronavirus rages on.
1 hour ago - World

Protests erupt in Belarus after "Europe's last dictator" claims election victory

A man lies on the ground in front of riot police in Minsk. Photo: Sergei Gapon/AFP via Getty Images

Demonstrations broke out across Belarus on Sunday after a government exit poll predicted that President Aleksander Lukashenko, an authoritarian who has ruled the Eastern European country since 1994, had swept to overwhelming victory over a pro-democracy opposition candidate.

Why it matters: It's a precarious moment for the former Soviet republic, where decades of repression and a complete disregard for the coronavirus pandemic now threaten to topple "Europe's last dictator."

Scoop: Inside Trump's debate prep

Trump and Christie. Photo: Jim Watson/AFP via Getty Images

Two weekends ago, President Trump met with a group of his closest aides in the conference room of his Bedminster golf club to discuss a subject that has been weighing heavily on his mind: the three scheduled debates with Joe Biden.

Behind the scenes: In the room with Trump were his son-in-law Jared Kushner, campaign manager Bill Stepien, senior adviser Jason Miller, and former New Jersey Gov. Chris Christie, who role-played Hillary Clinton in Trump's 2016 debate prep sessions.