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“Smart” or “connected” cities and the related phenomenon of “smart” policing and technical surveillance tools, including facial recognition, present a constellation of complex and evolving technological, social, political and legal issues. A small number of cities, counties and other government agencies have started to develop new laws, policies and citizen engagement processes to address the privacy and civil liberties concerns these new technologies pose.
Similarly, law enforcement and other agencies that deploy these technologies at the federal, state and local levels have developed an emerging set of policies and standards regarding the use of these new tools and for analyzing the data they produce.
Both contexts share a common set of core issues that revolve around the critical need to translate a combination of legal, technical and ethical requirements into a working set of policies and procedures that government employees and law enforcement officials at all levels can apply easily “without access to a bevy of expert statisticians, privacy lawyers, or philosophers.”[1]
This Workshop brings together government officials, privacy and civil liberties advocates, and other experts to examine the privacy and civil liberties concerns raised by the use of facial recognition and other surveillance technologies and to examine existing models and emerging best practices for how communities can work with state and local government to thoughtfully address them.
Speakers
Ginger Armbruster, Chief Privacy Officer, City of Seattle
As the City of Seattle’s Chief Privacy Officer, Ginger leads a team of privacy specialists in the execution of the City’s Privacy Program, following a principles-based approach to the City’s management of the public’s personal and sensitive information. Prior to this role, she worked for Microsoft on an international team of privacy specialists to resolve issues associated with multi-million-dollar marketing initiatives. Before moving into privacy, she spent the first 20 years of her career working in sales and marketing for Fortune 500 companies such as IBM, Hewlett-Packard and Johnson & Johnson, as well as several medical technology startup companies.
Ginger completed her undergraduate degree in Political Science from Barnard College, Columbia University. As a recipient of the National Science Foundation’s Scholarship for Service Program (CyberCorps), she earned her master’s degree in Infrastructure Planning and Management from the University of Washington in 2013, focusing on critical infrastructure cyber resiliency.
John Boyd, Assistant Director, Futures Identity, DHS
John M. Boyd is the Assistant Director of Futures Identity in the Office of Biometric Identity Management (OBIM) within the National Protection and Programs Directorate (NPPD) of the Department of Homeland Security (DHS). OBIM, formerly the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program, is the lead entity in DHS for biometric identity management services across Government. Mr. Boyd’s responsibilities include overseeing science and technology activities related to biometrics and identity services as well as special projects involving interagency and international partners, industry, and academia.
As a civilian, Mr. Boyd was a line manager for ECS Federal, LLC, leading an Agile software development team that developed, maintained, and tested the Federal Bureau of Investigation’s Combined DNA Index System (CODIS) software.
In a government position, Mr. Boyd served as the Director, Defense Biometrics and Forensics, in the Office of the Under Secretary of Defense for Acquisition, Technology and Logistics/Assistant Secretary of Defense for Research and Engineering within the Department of Defense. Mr. Boyd was responsible for conducting Secretary of Defense Principal Staff Assistant-level responsibilities for oversight of all aspects of the defense biometric and forensic enterprise.
As a Captain in the U.S. Navy, Mr. Boyd served on active duty as the Director, Naval Identity Management, on the Secretary of the Navy staff. He interacted and coordinated with numerous Government departments in advancing technologies, policies, and human factors to improve applications of digital identities. Captain Boyd drove development of a handheld biometric device supporting Navy, Marine Corps, and Naval Criminal Investigative Service operational needs.
Previously, he commanded the Reserve Component unit of the Navy Headquarters Manpower, Personnel, Training, and Education organization. As a civilian, he worked as a program manager for Battelle Memorial Institute, supporting Joint Staff J-8, then Navy Headquarters Staff, in the field of chemical, biological, radiological, and nuclear defense, as well as anti-terrorism/force protection. Additionally, Mr. Boyd managed highly hazardous chemical plants for a variety of companies across the United States.
Mr. Boyd holds a bachelor’s degree in physics from Virginia Military Institute. He earned master’s degrees from the Naval Postgraduate School in operations analysis and the Naval War College in national security and strategic studies. He served on active duty in the U.S. Navy Submarine Force from 1982 to 1994 and in the Navy Reserves until 2012.
Terence Check, Attorney-Advisor and Deputy Ethics Official, National Protection and Programs Law Division, Office of General Counsel, DHS
Jennifer Coulson, Specialist, Digital Analysis and Identification, Michigan State Police
Jennifer Coulson has been with the Michigan State Police for close to two years. Prior to her service with the Michigan State Police she served as a Parole Agent with the Michigan Department of Corrections for 9 years. She currently works in the Statewide Network of Agency Photos under the Biometrics and Identification Division. She is a trained Digital Image Examiner with a specialty in facial comparison and identification and has conducted over 2,000 facial recognition searches.
Clare Garvie, Senior Associate, Center on Privacy and Technology, Georgetown Law
Clare Garvie joined the Center as a Law Fellow after graduating from Georgetown Law in 2015, and now serves as a Senior Associate. In 2016, she was lead author of The Perpetual Line-Up: Unregulated Police Face Recognition in America. Her current research continues to focus on the use of face recognition by law enforcement and the ways activists, public defenders, and policymakers can ensure the technology is under control. Prior to entering law school, she worked in human rights and international criminal law with the International Center for Transitional Justice. She received her B.A. from Barnard College in political science, human rights, and psychology
Brian Hofer, Chair, Oakland City Privacy Advisory Commission; Chair and Executive Director, Secure Justice
In January 2014, Brian Hofer learned that an Orwellian sounding $11 million-dollar city-wide surveillance system called the Domain Awareness Center was being planned for Oakland. Intended to aggregate data inputs from facial recognition software, 700 cameras, automated license plate readers, and ShotSpotter, a little sidebar to the Eastbay Express cover story about the project mentioned that a newly-formed Oakland Privacy Working Group had formed to oppose the plans and would meet the very next day. Brian showed up to see if he could help. Three months later on March 4, 2014, and in response to overwhelming community opposition to the planned project, the Oakland City Council voted to dramatically scale back the project, removed the surveillance equipment from the remaining portion, and created an ad hoc committee of citizens to start drafting privacy policies for the city.
In the three years since the Domain Awareness Center discussion, Brian and Oakland Privacy successfully fought for a permanent committee tasked with oversight of surveillance equipment; successfully introduced ordinances throughout the greater Bay Area at both the county and city level to implement significant surveillance equipment reforms, advised on and advocated for state legislation impacting the right to privacy and surveillance oversight, and coordinated with and advised groups around the country on how to implement reforms through legislation and policy writing.
After leaving Oakland Privacy, Brian formed Secure Justice with an all-star cast of activists, and began consulting with various cities across the country regarding citizen oversight and participation in monitoring surveillance equipment and data sharing, Smart City regulations, and various “sanctuary” supporting legislative projects.
Brian has presented on his work at conferences sponsored by Berkeley Law School, NYU Law School, Georgetown Law School, RightsCon, HOPE Conference, Noisebridge, and the California Department of Justice among others, and he has testified before various California state Senate and Assembly committees in support of privacy enhancing legislation.
Brenda Leong, Senior Counsel and Director of Strategy, Future of Privacy Forum
Brenda Leong, CIPP/US, is Senior Counsel and Director of Strategy at Future of Privacy Forum. She oversees strategic planning of organizational goals, as well as managing the FPF portfolio on biometrics, particularly facial recognition, along with the ethics and privacy issues associated with artificial intelligence. She authored the FPF Privacy Expert’s Guide to AI, and co-authored the paper, “Beyond Explainability: A Practical Guide to Managing Risk in Machine Learning Models.” She also facilitated the development of and authored the publication of FPF’s “Privacy Principles for Facial Recognition Technology in Commercial Applications.” She works on industry standards and collaboration on privacy concerns, partnering with stakeholders to reach practical solutions to privacy challenges for consumer data uses. Prior to working at FPF, Brenda served in the U.S. Air Force, including policy and legislative affairs work from the Pentagon and the U.S. Department of State. She is a 2014 graduate of George Mason School of Law.
Joseph Mead, Assistant Professor, Urban Studies, Cleveland State University
Joseph Mead is an Assistant Professor with a joint appointment in the Maxine Goodman Levin College of Urban Affairs and the Cleveland-Marshall College of Law.
Professor Mead studies the law and policy of the nonprofit sector and policy responses to poverty. His scholarship has appeared in numerous peer-reviewed and law review journals. This research been cited by the Congressional Research Service, by federal and state appellate courts, and has influenced policy in cities across Ohio. He is a contributing editor on the Nonprofit Law Professor Blog, and teaches courses on nonprofit management, policy, and law.
In addition to teaching and research, Professor Mead is active in the community, working regularly with local nonprofit leaders to discuss issues facing their organizations. He serves on the board of directors for the American Civil Liberties Union of Ohio and the Center for Community Solutions. In 2017, he was named Advocate of the Year by the Northeast Ohio Coalition for the Homeless.
Before joining Cleveland State, Professor Mead served as an Honors Program Trial Attorney for the United States Department of Justice in Washington DC. As a Trial Attorney, he defended the constitutionality of federal statutes and advised and represented the White House and other federal agencies in constitutional and other complex litigation across the country. He clerked for Judge Cornelia Kennedy of the United States Court of Appeals for the Sixth Circuit and Judge David Lawson of the United States District Court for the Eastern District of Michigan. He has also worked for a disability rights law firm, for social services nonprofits, and in state and local government. He received his juris doctor, magna cum laude, from the University of Michigan Law School, where he was named to the Order of the Coif.
Roxane Panarella, Assistant General Counsel, Privacy and Civil Liberties, FBI
Heather Patterson, Oakland Privacy Advisory Commission and Senior Researcher, Intel
Heather Patterson is a senior research scientist at Intel Labs, where she researches the ethics, politics, and social dynamics of emerging AI-centric technological systems. Her current focus is on designing transparency, privacy, and accountability into new technologies to better serve the interests of communities. She also serves as the Mayoral Representative on the City of Oakland’s Privacy Advisory Commission (PAC), is a member of San Jose's Privacy Advisory Task Force, and directs the Social Impacts department of IEEE Pervasive Computing.
Brian Ray, Professor of Law, Director, Cybersecurity and Privacy Protection Center, IOTC Cybersecurity Liaison, Cleveland-Marshall
Professor Brian Ray has extensive experience in information governance, cybersecurity and data privacy. He co-founded and directs the Center for Cybersecurity and Privacy Protection and edits the Center-sponsored SSRN Cybersecurity, Data Privacy and eDiscovery eJournal. Ray also co-founded the Cleveland eDiscovery, Data Security and Privacy Roundtable, an informal group of lawyers, judges and academics that meets monthly to discuss issues surrounding electronic discovery, cybersecurity and data privacy issues.
Ray's research focuses on security and privacy regulation, national and international jurisdiction over data, and data governance, collection and use policies at the municipal, county and state levels. He is part of a small team of researchers that in 2018 established the Internet of Things Collaborative (IoTC) with a $1.75 million Digital Excellence Grant by the Cleveland Foundation. He serves as the IoTC Cybersecurity Industry Liaison working with faculty on both campuses and industry to develop applied research and education programs related to IoT security.
In 2016 Ohio Attorney General Mike DeWine appointed Ray to the CyberOhio Advisory Board. He co-chairs the Northeast Ohio CyberConsortium's Workforce Development Committee and is a member of the Sedona Conference's Data Security and Privacy Liability Working Group. He was selected to participate in the Yale University Cyber Leaders Forum in 2017, and SC Magazine named him one of three Outstanding Cybersecurity Educator in the 2017 Reboot Leadership Awards.
Ray also is an expert in comparative and international law. His book, Engaging with Social Rights: Participation, Procedure and Democracy in South Africa's Second-Wave provides a comprehensive analysis of the South African Constitutional Court's social rights decisions. He was a Fulbright Scholar in South Africa and has published extensively on comparative constitutional law and social rights.
Professional Experience and Education: Litigation associate at Jones Day in Cleveland, Ohio; judicial clerk for Judge Alan E. Norris, U.S. Circuit Court of Appeals for the Sixth Circuit and Justice Richard J. Goldstone, Constitutional Court of South Africa; J.D., Ohio State University College of Law (Order of the Coif; Articles Editor of The Ohio State Law Journal, and valedictorian); Fulbright Fellow, Kyoto University; B.A., University of Notre Dame.
Sameena Usman, Government Relations Coordinator, CAIR-SFBA
Sameena serves as Government Relations Coordinator for the San Francisco Bay Area office of the Council on American-Islamic Relations. She advocates for legislation impacting civil rights, privacy protections, and an equitable society. In her meetings with Bay Area elected officials, she highlights issues facing the Muslim community, including hate incidences and civil right complaints received by the office. She actively works to build bridges with communities, conducts interfaith dialogue, educates youth and empowers the American Muslim community. Sameena has been interviewed by dozens of local, national, and international news outlets.
In addition to her work at CAIR-SFBA, Sameena was re-elected as an Assembly delegate for the California Democratic Party. Sameena was awarded the Community Hero award from Assemblyman Kansen Chu and Asian Pacific Islander Heritage Leadership awards by Congressman Ro Khanna and then Assemblyman Wieckowski.
Leon Wilson, Chief of Digital Innovation and Chief Information Officer, Cleveland Foundation
Leon Wilson joined the foundation in October 2015 to lead the IT team, focusing on strategic initiatives that will help position the foundation as a leader in the use of technology in all areas of its work. In addition, Leon is responsible for helping to develop and implement an external Cleveland Foundation IT strategy that will focus on elevating Cleveland to become a recognized leader in technology, particularly in the areas of cyber security, big data, and civic tech.
Leon brings more than 20 years of senior level technology experience to the foundation and our community. In his most recent role as Senior Director for Technology & Data Engagement for the Michigan Nonprofit Association (MNA), Leon advised executive staff, board and advisory committee members on strategic planning initiatives and significant technology investments that would positively impact both the internal structure at MNA as well as the IT service offerings to MNA’s external nonprofit clients through its Highway T program. He also played a role providing strategic and executive leadership for MNA’s former high-profile data analytics program, Data Driven Detroit, and other nonprofit sector-based technology initiatives.
Prior to his work at MNA, Leon held a number of internal and consulting IT leadership positions with Blue Cross Blue Shield of Michigan and Minnesota, Federal-Mogul Corporation, Chrysler, RR Donnelly, and Deluxe as well as positions at General Mills and the IRS. Wilson has also served as an adjunct lecturer at the University of Michigan (and other two and four year colleges), where he taught undergraduate and graduate courses within the MIS discipline.
Leon earned his bachelor’s degree in computer science from Michigan State University and a master’s degree in software engineering from the University of St. Thomas. He is a graduate of Leadership Detroit and also had a distinguished military career with the U.S. Army Reserve, where he was a commissioned officer, earning multiple badges, medals and commendations along with completing airborne paratrooper and air-assault training.
Jonathan Witmer-Rich, Joseph C. Hostetler-BakerHostetler Professor of Law, Cleveland-Marshall College of Law
Professor Witmer-Rich's research focuses on criminal procedure and criminal law theory, covering areas such as warrants for covert searches, affirmative consent in rape and sexual assault law, the provocation doctrine, and pretextual traffic stops. His articles have appeared journals such as the American Criminal Law Review, the Florida Law Review, Criminal Law and Philosophy, the Pepperdine Law Review, the Case Western Reserve Law Review, and the Texas Tech Law Review. He teaches courses in criminal law, criminal procedure, and law and terrorism.
Professor Witmer-Rich is active in ongoing criminal justice reform efforts. He served as a member of the Cuyahoga County Bail Task Force, examining bail and pretrial release practices within the county, and was the principal drafter of the Task Force's "Report and Recommendations" in March 2018. Since 2010, he has served as counsel to the Criminal Rules Committee of the Ohio Commission on the Rules of Practice and Procedure, the body charged with drafting amendments to the Ohio Rules of Criminal Procedure.
Professor Witmer-Rich appears regularly in local and national media, commenting on issues of criminal justice and counterterrorism. His awards include an Ohio Faculty Innovator Award from Chancellor of the Ohio Board of Regents, the Cleveland-Marshall Alumni Association Stapleton Award for Faculty Excellence, and the 2015 Faculty of the Year Award (student-selected).
Following law school Professor Witmer-Rich clerked for Judge M. Blane Michael on the U.S. Court of Appeals for the Fourth Circuit, and for Judge Joseph R. Goodwin on the U.S. District Court for the Southern District of West Virginia. He then worked as a litigation associate for three years at Jones Day in Cleveland.
Before joining the faculty in 2009, Professor Witmer-Rich practiced at the Federal Public Defender's Office, where he represented defendants charged with a wide range of federal crimes, including a three-month terrorism trial in Toledo, Ohio. He also represented several detainees at the Guantanamo Bay detention facility in habeas corpus proceedings.
Nicholas Zingale, Associate Professor, Director, Institute of Applied Phenomenology in Science and Technology, IOTC Public Liaison, Cleveland State University
Nicholas Zingale, Ph.D., is a post-doctorate senior executive fellow from the Harvard University Kennedy School of Government with over 25 years of academic and professional experience in public policy and management. He is a former associate professor at The University of Akron and an adjunct professor at The Ohio State University. Currently, he is a co-director at the Institute of Applied Phenomenology in Science and Technology. He has published over 80 articles in technical and academic journals. He is the 2006 recipient of the National Association of Environmental Professionals Environmental Excellence Award in Education resulting from a USAID grant funded project leading an innovative public policy and management program for the government of Vietnam. He teaches courses in Public Administration and Organization Theory, Public Policy and Government Regulation, and Environmental and Global Sustainability Policy and Administration. He is a local and nationally invited speaker on issues of governance, phenomenological inquiry, environmental and global sustainability policy and is certified as a Qualified Environmental Professional, Hazardous Material Manager, and ISO Environmental Management System lead auditor. Dr. Zingale holds degrees from Bowling Green State University, Baldwin Wallace College, and a Ph.D. from the University of Akron.
Agenda
7:30-8:15 Registration
8:15-8:30 Welcome
Lee Fisher, Dean, Cleveland-Marshall College of Law
8:30-8:45 John Boyd, Assistant Director, Futures Identity, DHS
8:45-10:00 Facial Recognition Introduction and Current Applications
10:00-10:15 Break
10:15-10:30 Claire Garvie, Senior Associate, Center on Privacy and Technology, Georgetown Law
10:30-11:45 Privacy and Civil Liberties Concerns and Responses
11:45-12:30 Lunch
12:30-12:50 Oakland Overview
Brian Hofer, Chair, Oakland City Privacy Advisory Commission
12:50-1:10 Seattle Overview
Ginger Armbruster, Chief Privacy Officer, City of Seattle
1:10-2:30 Cities and Citizen Engagement: Creating Community Norms for Surveillance Technology Use and Implementing Policies
2:30-2:45 Break
2:45-3:30 Legislation and Codes of Conduct
3:30-5:00 Reception
[1] Future of Privacy Forum, City of Seattle Open Data Risk Assessment (Jan. 2018).
CLE credit: 4 hours pending
Category: General
