FDNY Accessed Facial Recognition Database to Identify Pro-Palestinian Protester

City Fire Department’s Use of Clearview AI Sparks Oversight Concerns

A fire marshal utilized the Fire Department of New York’s (FDNY) access to a facial recognition database, namely Clearview AI, to assist the NYPD in identifying a pro-Palestinian demonstrator at Columbia University. This arrangement allowed the police department to bypass their own restrictive policies on using such technology, according to recent court decisions and a lawsuit filed by the Legal Aid Society.

Protester Identification Raises Alarm

The identification of Zuhdi Ahmed, a 21-year-old pre-med student, stemmed from an incident during an April 2024 protest where he was accused of throwing an object at a pro-Israeli demonstrator. The FDNY’s utilization of Clearview AI, a technology that matches uploaded photos against billions of internet images, was instrumental in his identification.

NYPD used facial recognition on images from Columbia University protests. This is a direct violation of their own policy, which forbids using the tech on images not from arrests or parole records. Legal Aid Society filed a lawsuit today to get more info.

— THE CITY (@THECITYmade) June 20, 2024

The FDNY has been using Clearview AI since December 2022 under an annual contract. Court records also revealed that the fire marshal accessed Department of Motor Vehicles (DMV) documents, which are typically off-limits to the NYPD.

“Where the state routinely gathers, searches, seizes, and preserves colossal amounts of information, transparency must remain a touchstone, lest fairness be lost.”

—Valentina Morales, Judge

Manhattan District Attorney Alvin Bragg initially charged Ahmed with felony assault, later reduced to misdemeanor aggravated harassment. A Manhattan criminal court judge dismissed the case in June, citing serious concerns about government surveillance practices that appeared to contravene established law enforcement policies. The judge noted the broad scope of data gathered and preserved by the state.

Circumventing NYPD Policy

While the NYPD previously used facial recognition technology, a 2020 policy now limits their searches to arrest and parole photos. A subsequent city law, the POST Act, mandates public reporting on the NYPD’s use of surveillance technologies. However, the City Department of Investigation has found the NYPD has not consistently complied with these requirements. Council members are reportedly exploring new legislation to address existing loopholes.

The social media photos used by the FDNY to identify Ahmed included images from his high school formal, a school play, and his graduation. Ahmed, who is Palestinian, described the experience as “dystopian” and “scary,” expressing concern about how his teenage photos were utilized.

Privacy Advocates Raise Concerns

Privacy advocates criticized the FDNY’s involvement. “The FDNY is clearly being complicit in enabling these NYPD abuses,” stated Albert Fox Cahn, executive director of the Surveillance Technology Oversight Project. He further commented that the NYPD appears to be sidestepping its own regulations by leveraging other agencies for surveillance.

The FDNY acknowledged its marshals have access to Clearview AI and collaborate with the NYPD on investigations, stating they adhere to all laws. However, Legal Aid Society’s Freedom of Information Law (FOIL) requests for information regarding the FDNY’s use of facial recognition technology were unsuccessful, prompting their lawsuit.

Protest Context and Identification Process

The incident occurred during pro-Palestinian demonstrations at Columbia University, which saw significant NYPD presence and arrests. Emails disclosed during Ahmed’s case revealed the extent of the FDNY’s assistance. An FDNY fire marshal emailed an NYPD detective, confirming he ran the suspect’s photo through their facial recognition system. Although initial searches didn’t yield a name, the marshal provided several social media photos of Ahmed, including graduation pictures where he wore a stole with the Palestinian flag.

The marshal then offered to obtain a driver’s license photo, stating, “We have access to that.” Shortly after the NYPD provided Ahmed’s driver’s license information, the marshal responded with “Bingo.” The NYPD then used an altered version of Ahmed’s driver’s license photo in a lineup presented to the alleged victim.

Legislative Loopholes and Future Oversight

The judge’s ruling highlighted that the NYPD would not have identified Ahmed without the FDNY’s Clearview AI search and DMV access, directly contravening NYPD policy. This case underscores broader concerns about the POST Act’s scope, with privacy advocates pushing for its expansion to cover all city agencies using surveillance technology.

In response to such revelations, the City Council has passed legislation to strengthen POST Act reporting, including tracking intergovernmental data sharing. Councilmember Julie Won is drafting new legislation to prohibit city agencies from using surveillance technologies on behalf of law enforcement and mandate disclosure of all surveillance technology use. Council members Crystal Hudson and Amanda Farías expressed alarm over the loophole, with Gutiérrez labeling the situation a “warning shot.” Councilmember Joann Ariola, however, viewed the FDNY’s information sharing as within its purview as a law enforcement agency.

Ahmed expressed immense relief after the charges were dropped, calling the initial hate crime charge an “exploitation of laws that are meant to protect us.” A spokesperson for DA Bragg stated the office conducted a thorough investigation before dismissing the charge due to inability to prove legal elements beyond a reasonable doubt. Ahmed, who recently became a certified EMT, plans to pursue medical school, reflecting on his experience in terms of societal detachment.