Surveillance Of Illinois Citizens Using Private Corporation Social Media Algorithm (Mayor's Office)
| Multi Request | Surveillance Of Illinois Citizens Using Private Corporation Social Media Algorithm |
| Submitted | Feb. 18, 2020 |
| Est. Completion | None |
MuckRock users can file, duplicate, track, and share public records requests like this one. Learn more.
Communications
From: Mia Neumann
To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
Background:
Due to recent local and national reporting, there is a need for the citizens of Chicago to know the depth of the use of facial recognition and surveillance across the city, where it pertains to possible neglect to the crucial Biometric Information Privacy Act, 740 ILCS/14, Public Act 095-994 (BIPA) security requirements passed in 2008.
Under BIPA, Illinois entities must:
- Obtain consent from individuals if the company intends to collect or disclose their personal biometric identifiers
- Destroy biometric identifiers in a timely manner
- Securely store biometric identifiers
While other Illinois FOIA requests have relinquished documents related to the contracted use of Motorola Solutions Inc "Face Plus" by the Chicago Police Department (CPD) in the past decade, documents pertaining to a new two-year contract with "Clearview AI" have not been disclosed to the public. What separates Clearview AI's technology from the already contracted implementation of "Face Plus" is the use of a pervasive algorithm that scours a public database of social media accounts of its citizens using a unique facial profile, including (but not limited to) personal accounts on Facebook, Instagram, Twitter, Venmo, etc. This is a violation of the Illinois public's Biometric Identifiers, regardless of its public social intended use.
Therefore I am requesting on behalf of the public record and public reporting that CPD also discloses its relationship to Clearview AI, including any and all:
1. AGREEMENTS between Clearview AI with CPD or any other Chicago surveillance authority
Any and all agreements related to the acquisition and use of Clearview AI's "software," algorithm, or program.
This includes (but is not limited to):
• all contracts (as well as associated amendments, attachments, and exhibits),
• data sharing agreements
• insurance agreement
• intergovernmental services agreements
• licensing agreement
• memorandums of understanding, and
• nondisclosure agreements
regarding or relevant to this software or program.
1. CONTRACTS before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
Please provide a copy of any informal agreements, insurance agreements, liability waivers, and warranties that reference this technology or otherwise guide its use or the relationship between this agency, the provider or developer of Clearview AI's "software," or any other partner or entity that may use or access it.
2. BIDDING and PROCUREMENT before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
A copy of any available or relevant Requests for Expressions of Interest, Requests For Proposal (or equivalent calls for bids), responses to Requests for Expressions of Interest, letters of interest, responses to Requests for Proposal, sole source or limited source justification and approval documentation, documentation of selection, and other materials generated in the consideration and selection of the technology in question.
3. FINANCIAL and FUNDING MATERIALS before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
Any records related to the financing or funding of Clearview AI's "software," including a copy of any related funding opportunity announcements, grant applications, grantor status/progress reports, purchase orders, invoices, and other memoranda and documentation related to the payment or cost (or lack thereof) of the "software," related technology, personnel, equipment, or other elements concerning Clearview AI software or program.
4. INSTRUCTIONAL MATERIALS and TRAINING before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
All instructional materials, presentations, and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance on the use of Clearview AI software. This includes any notes taken during meetings that discussed the use of the software, any explanations (whether generated internally or externally) of how the software works, and any other document that has been used to help explain the use of "the software" to any party, including internal documentation, public relations materials, and executive summaries.
5. PRIVACY ASSESSMENTS before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
A copy of any data retention guidelines or policies, data security policies, data security specifications, privacy impact assessments, security audits, or other materials evaluating or guiding the security of Clearview AI "software" or the privacy of the data involved
6. USE POLICIES before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
Please provide a copy of any policy directives, guidance documents, memoranda, training materials, or similar records governing the use and function of this technology for immigration, law enforcement, or any purpose, including all those related to data retention, permissible and impermissible use, and security standards. This would include materials that describe the application, function, and use of Clearview AI including advertisements, emails, handouts, usage policies, PowerPoint presentations, specification documents, or standard operating procedures.
7. COMMUNICATION and MARKETING MATERIALS before, during, or after Clearview AI interaction with CPD or any other Illinois Government public service
Please limit the search to records produced from January 1, 2016 – present. Please include in your search as responsive records: communications, memorandums, background papers, meeting minutes, email exchanges, or presentation materials. This includes any correspondence between any staff at this agency with any other organization or vendor relevant to the use of the aforementioned technology or program, including records related to meetings or follow-up actions with any vendors, companies, or other private entities marketing this technology for immigration, intelligence, law enforcement, or any use. This also includes correspondence in the form of emails, email attachments, paper letters, text message, and any other form of correspondence, as well as all marketing materials - unsolicited, requested, or otherwise - acquired from vendors of this technology.
*Please provide first the existing contract and associated attachments. If negotiation or limitations are required for portions of this request, please let me know.
Current public reporting on the subject:
Chicago Sun Times: https://chicago.suntimes.com/crime/2020/1/29/21080729/clearview-ai-facial-recognition-chicago-police-cpd
Chicago Tribune: https://www.chicagotribune.com/nation-world/ct-nw-nyt-clearview-facial-recognition-20200119-dkdqz7ypaveb3id42tpz7ymase-story.html
CBS2 Chicago: https://chicago.cbslocal.com/2020/02/07/chicago-police-launch-new-facial-recognition-technology-they-say-to-catch-crooks/
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Mia Neumann
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Illinois Freedom of Information Act. request, copied below, and originally submitted on Feb. 18, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Mayor's Office
February 27, 2020
Mia Neumann
Via email at requests@muckrock.com
Dear Ms Neumann,
From: Mia Neumann
To whom it may concern,
Thank you for responding. I will happily narrow the search to help the FOIA request. Below is a revised version from my original request within the search parameters you’ve requested:
1. Email addresses or employee names, most of which I was able to collect from this online directory (https://webapps1.chicago.gov/employeephonedirectory/search) Please advise if names are out of date:
- Mayor Lightfoot
- Charlie Beck
- Dorval R. Carter, Jr
- Ken Griffin, CEO of Citadel
- Carisa Boatman
- Max Caproni
- Amy Neirsbach
- Brandon Crase
- Ephraim Eaddy
- Jennifer Rottner
- Samantha Sudan
- Michael David
- Margaret Gach
- Carl Gutierrez
- Vance Henry
- Emily Krisciunas
- Rachel Leven
- Taylor Danielle
- Nicholas Lucius
- Daniel Lurie
- Samir Mayekar
- Celia Meza
- Marquis Miller
- Manuel Perez
- Anel Ruiz Campos
- Anne Sheahan
- Eugenia Orr
- Han Dinh Nguyen
- Tiffany Sostrin
- Tom Skelton
- press@cityofchicago.org
2. Key search words:
- Clearview AI
- Clearview
- Clearview App
- Clearview Contract
- Facial Recognition
- Face Recognition
- Facial Profile
- Facial Geometry Scans
- Smart Policing Technology
- The Illinois Biometric Privacy Act
- BIPA
- Biometric information
- Real-time surveillance
- Hoan Ton-That (CEO of Clearview)
- Strategic Decision Support Center (SDSC Room)
3. Timeframe to be searched:
- January of 2018-Present
4. Within that search criteria, I ask that you send documentation of email/correspondence as well as the relevant materials records attached to said emails/correspondence. Including, but not limited to:
- Contracts or negotiation materials
- Bidding or Procurement documents
- Financial and Funding materials
- Instructional and Training materials
- Use and implementation policies
- Promotional or advertising materials
Attached here again is public reporting on the subject:
Chicago Sun Times: https://chicago.suntimes.com/crime/2020/1/29/21080729/clearview-ai-facial-recognition-chicago-police-cpd
Chicago Tribune: https://www.chicagotribune.com/nation-world/ct-nw-nyt-clearview-facial-recognition-20200119-dkdqz7ypaveb3id42tpz7ymase-story.html
CBS2 Chicago: https://chicago.cbslocal.com/2020/02/07/chicago-police-launch-new-facial-recognition-technology-they-say-to-catch-crooks/
Chicago Sun Times: https://chicago.suntimes.com/2020/2/28/21156466/chicago-police-cta-security-plan-beck-officers-on-trains
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this revised request.
-Mia Neumannn
From: Mayor's Office
March 10, 2020
Mia Neumann
Via email at requests@muckrock.com
Dear Ms. Neumann,
On behalf of the City of Chicago Office of the Mayor, I am responding to your Freedom of Information Act (“FOIA”) request which was dated February 28, 2020 and received in our offices on March 3, 2020. At this time, the Mayor’s Office is seeking an extension of five additional working days to respond to the request for one or more of the following reasons identified in 5 ILCS 140/3(e) of FOIA:
( ) the requested records are stored in whole or in part at other locations than the office having charge of the requested records;
( ) the request requires the collection of a substantial number of specified records;
( ) the request is couched in categorical terms and requires an extensive search for the records responsive to it;
( ) the requested records have not been located in the course of routine search and additional efforts are being made to locate them;
(xx) the requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 of the FOIA or should be revealed only with appropriate deletions;
(xx) the request for records cannot be complied with by the public body within the time limits prescribed by 5 ILCS 140/3(d) without unduly burdening or interfering with the operations of the public body;
(xx) there is need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.
Sincerely,
Tom Skelton
FOIA Officer – Office of the Mayor
From: Mayor's Office
March 17, 2020
Mia Neumann
Via email at requests@muckrock.com
Dear Ms. Neumann,
On behalf of the City of Chicago Office of the Mayor (“Mayor’s Office”), I am responding to your Freedom of Information Act (“FOIA”) request received in our offices on March 3, 2020. The Mayor’s Office took a 5-day extension to your request on March 10, 2020. You requested:
Requesting an email search with the names: Mayor Lightfoot; Charlie Beck; Dorval R. Carter Jr; Ken Griffin, CEO of Citadel; Carisa Boatman; Max Caproni; Amy Neirsbach; Brandon Crase; Ephraim Eaddy; Jennifer Rottner; Samantha Sudan; Michael David; Margaret Gach; Carl Gutierrez; Vance Henry; Emily Krisciunas; Rachel Leven; Taylor Danielle; Nicholas Lucius; Daniel Lurie; Samir Mayekar; Celia Meza; Marquis Miller; Manuel Perez; Anel Ruiz Campos; Anne Sheahan; Eugenia Orr; Han Dinh Nguyen; Tiffany Sostrin; Tom Skelton; press@cityofchicago.org
With the following search terms: Clearview AI; Clearview; Clearview App; Clearview Contract; Facial Recognition; Face Recognition; Facial Profile; Facial Geometry Scans; Smart Policing Technology; The Illinois Biometric Privacy Act; BIPA; Biometric information; Real-time surveillance; Hoan Ton-That (CEO of Clearview); Strategic Decision Support Center (SDSC Room).
With a timeframe of January 1, 2018 to the present
Your request is unduly burdensome under Section 3(g) of FOIA. Section 3(g) of FOIA provides that “requests for all records falling within a category shall be complied with unless compliance with the request would be unduly burdensome for the complying public body and there is no way to narrow the request and the burden on the public body outweighs the public interest in the information.”
The Mayor’s Office initiated an email search for the custodian accounts of Mayor’s Office employees listed in your FOIA request. That email search produced over 2,000 responsive records. In order to produce the records you seek, the Mayor’s Office would have to have to gather and review these records for applicable redactions under the FOIA. Assuming it would take on average 2 minutes to review each responsive document, it would take around 66 hours to review the records responsive to your request. This is a conservative estimate of the time it would take to review the responsive records, and there is a good chance the actual time is much higher. While there is some public interest in the information you seek, the burden placed on the Mayor’s Office’s time and operations outweighs the public interest, and your request is unduly burdensome under Section 3(g) of FOIA.
It is necessary that your FOIA request be narrowed and clarified. If you would like assistance in narrowing your request, please contact me, and I will assist you. Otherwise, for the reasons provided above, the Mayor’s Office is unable to respond to your FOIA request as currently drafted.
If you agree to narrow your request, you must submit a revised written request to my attention. The Mayor’s Office will take no further action or send you any further correspondence unless and until your current request is narrowed in writing. If we do not receive your narrowed request within fourteen calendar days of the date of this letter, your current request will be denied.
In the event that we do not receive a narrowed request and your current FOIA request is therefore denied, you have the right to have a denial reviewed by the Public Access Counselor (PAC) at the Office of the Illinois Attorney General, 500 S. 2nd Street, Springfield, Illinois 62706, (877) 299-3642. You also have the right to seek judicial review of your denial by filing a lawsuit in Cook County Circuit Court.
Sincerely,
Tom Skelton
FOIA Officer – Mayor’s Office
Files
pages