Council, Community Groups Oppose MPD’s Facial Recognition Plans

Two Milwaukee Police Department block N. Richards St.. on April 23. Photo by Jeramey Jannene.

The Milwaukee Police Department intends to move beyond simply asking the public for help identifying wanted individuals. It wants to use a sophisticated computer system that can search millions of records.

The MPD is pursuing the deployment of facial recognition technology, which relies on large photo databases to identify individuals. The agency is proposing to provide software company Biometrica with 2.5 million mugshots in exchange for free access to its recognition technology.

A majority of the Common Council members and multiple civil rights groups are raising concerns and asking MPD to stop.

“Facial recognition systems are prone to errors, with studies showing higher misidentification rates for people of color, women and other marginalized groups,” said 10 council members in a May 14 letter that says the members have “strong opposition.”

While a debate about drones whirred back in April, MPD officials had indicated they were also pursuing facial recognition technology. Chief of Staff Heather Hough first presented the plans to the Fire & Police Commission on April 17.

Hough’s presentation included the revelation that the department has already used the technology. It has been quietly testing the technology by having partner agencies, including suburban police departments, conduct searches.

“We call on them to help in some cases,” said Hough. According to a presentation, MPD has used the technology to identify suspects in a March 2024 homicide who were later arrested. The same month, the Wauwatosa Police Department used its technology to aid MPD in identifying an individual wanted and, later arrested, in a sexual assault case. A list of other cases was included in a presentation.

MPD does not need the approval of the council, nor the Fire & Police Commission, to pursue the facial recognition deal. “It was not something we had to do as a department, but we feel like it was important and necessary,” said Hough in presenting the plan.

Hough said the technology would enhance MPD’s ability to combat sex trafficking and other difficult-to-solve crimes. It would also expedite crime-solving.

“We recognize the very delicate balance between advancements in technology and ensuring that we, as a department, do not violate the rights of all of those in this diverse community of interest that we serve,” said Hough. A standard operating procedure would govern the technology’s use and is expected to include that a photo match alone cannot be used as probable cause.

Mayor Cavalier Johnson supports “the thoughtful application of technology in law enforcement,” said a spokesperson. “Facial recognition, when used along with other investigative techniques, can make Milwaukee safer.”

But the American Civil Liberties Union of Wisconsin and a coalition of other groups are asking the council to block MPD from moving forward without approval.

The coalition, in a May 21 letter, is asking the council to create a Community Control Over Police Surveilance (CCOPS) ordinance to assert control. Act 12, the 2023 sales tax bill, stripped the Fire & Police Commission of policy control, but allows the council to alter a standard operating procedure with a two-thirds vote. The council has yet to use that authority.

“CCOPS is not a ban on police surveillance, but is a mechanism to democratize the decision-making process surrounding Milwaukeeans’ personal privacy and surveillance and to ensure transparency and accountability in programs funded or administered by local government through two avenues,” says the coalition’s letter. It would require an annual report on surveillance usage and council approval for funding surveillance technology. “CCOPS also establishes guidelines for the use of approved technologies, which will help build trust between the police and the communities they serve.”

Letter signers calling for this include Black Leaders Organizing for Communities, Citizen Action of Wisconsin, Milwaukee Turners, Milwaukee NAACP, Zao MKE Church, Wisconsin Muslim Civic Alliance and Voces de la Frontera Action.

The council letter was signed by JoCasta Zamarripa, Marina Dimitrijevic, Alex Brower, Mark Chambers, Jr., Sharlen P. Moore, José G. Pérez, DiAndre Jackson, Larresa Taylor, Lamont Westmoreland and Russell W. Stamper, II.

“While we understand the desire to enhance public safety and the promises people have made for this emerging technology, we believe these benefits are significantly outweighed by the risk they pose to privacy, civil liberties and equitable policing,” says the letter. “What is worse, given the rhetoric and actions of the current federal administration, the communities we represent have made clear to us that they believe it is particularly unwise and unsafe to implement this technology.”

At the April 17 meeting, FPC members, including chair Miriam Horwitz and new member Krissie Fung, asked several questions of MPD about its plan.

Hough said the Biometrica agreement would not include surrendering ownership of the photos and that MPD would maintain its existing standard operating procedures not to comply with U.S. Immigration and Customs Enforcement and other agencies on non-judicial warrants. Hough said drone footage would not be fed into the facial recognition.

Commissioner Ramon Evans said Potawatomi Hotel & Casino incorrectly identified him using the technology when he was at the casino. “I was a victim of error,” said Evans, who said he was pulled aside. MPD officials said they weren’t aware of what technology Potawatomi uses.

MPD is expected to discuss the proposal at a future Public Safety & Health Committee meeting before proceeding.

Legislation Link - Urban Milwaukee members see direct links to legislation mentioned in this article. Join today