WRITTEN TESTIMONY ON CIVIL RIGHTS IMPLICATIONS OF FEDERAL USE OF

As our Founders knew, any healthy democracy must have effective ways to address threats to law and order and the rule of law at the same time that it preserves space for non-violent protest, the exercise of free speech and the ability to travel, and protects a zone of privacy around the individual that is both intellectual and physical. [...] Customs and Border Protection (CBP), ICE, and the Secret Service purchased and used commercial geolocation data in violation of their privacy policies and that DHS components have failed to develop policies governing the purchase and use of location data. [...] In mapping current uses of AI and algorithmic tools, agencies should also: • Detail and explain the technological limitations of a tool given its use cases and relevant human factors, • Identify the adequacy of any current evaluations of the training data, model design, and impacts, and any mitigations for known and potential risks, • Describe the extent of involvement or consultation with impacte. [...] To ensure that they are based on more than the specific incentives of the enforcement agencies, it is essential to create diverse and inclusive advisory bodies to help craft and review policies, channel and facilitate community input, and evaluate the evidence on uses and outcomes. [...] In particular, we call on the federal government, including the DOJ and the DHS, to give impacted communities a voice in the governance process through practical mechanisms that provide a means of feedback for agencies about the uses and impacts of technologies in real time.