Several reports now indicate that ATF has access to and utilizes facial recognition technology to identify gun owners. In fact, two Government Accountability Office reports confirm that ATF does have access to various facial recognition systems, including Clearview AI, Vigilant Solutions, and other systems owned by other federal, state, local, tribal, or territorial law enforcement agencies.
The Government Accountability Office described the Clearview AI database as:
“A web-based facial recognition service using 30+ billion facial images sourced from publicly available websites, including news media, mugshot, and social media websites, among others.”
A 2021 GAO report found that ATF did not have sufficient accountability mechanisms “to track what non-federal systems with facial recognition technology are used by employees.”
According to testimony given to the U.S. Commission on Civil Rights, ATF:
“Initially used these services without requiring their staff to take training on topics such as how the technology works, what photos are appropriate to use, and how to interpret the results.”
GAO scolded federal agencies, stating that they “must consider the potential impact of its use on civil rights and civil liberties because the potential for error and the potential to misidentify someone could lead to the arrest and prosecution of an innocent person.”
GAO was also concerned that government use of facial recognition technology can have “a chilling effect on an individual’s exercise of their First Amendment rights.”
Similarly, ATF’s use of Facial Recognition Technology could have a chilling effect on the People’s exercise of their Second Amendment rights.
According to GAO, ATF is reported to have conducted at least 549 facial recognition searches on gun owners between October 2019 and March 2022.
GAO indicates that “as of April 2023, ATF… reported that they had halted their use of such services.”
However, the most recent reports suggest otherwise.