Privacy and Government Transparency

Holding Maine's Fusion Center Accountable: LD 419, An Act to Increase the Transparency and Accountability of the Maine Information and Analysis Center

LD 419 would make the Maine Information Analysis Center, or fusion center, more transparent and accountable. Fusion centers were created so law enforcement could better share anti-terrorism intelligence among different state, local, and federal law enforcement agencies. However, fusion centers have quickly expanded to cover “all crimes and all hazards.” Fusion centers are now collecting not only criminal intelligence, but also public and private sector data. Additionally, membership in fusion centers has grown beyond law enforcement, and now includes other government entities, the military, and even the private sector.

This bill would establish an auditor in the attorney general’s office to conduct systematic, ongoing oversight of the Maine's fusion center. The auditor would be responsible for giving a report to the legislature every year. The bill would also designate materials that the fusion center shares with private entities as public records within the meaning of Maine’s Freedom of Access Act.

Read our testimony Track LD 419

Collecting Information on Social Media Users: LD 844, An Act to Regulate Social Media Use by Minors Under 16 Years of Age

LD 844 would restrict social media use for young people by requiring all users to verify their age or receive parental consent. This would erode privacy and increase the risks posed by data breaches. This bill seeks to address the harms caused by big tech companies' social media platforms, but it would harm privacy and consumer safety in the process.

To confirm a social media user's age, the person must submit a government-issued ID. This means that all people would have to share this sensitive information with big tech companies like Meta and Twitter. Collecting identification would let companies know exactly who is using which platforms and increase the risks from a data breach. The more information a company collects about us, the more exposed we are when hackers access that information.

Read our testimony TRACK LD 844

Using Facial Recognition Against Fraud: LD 706, An Act Regarding the Laws Relating to Unemployment Insurance

Section 1 of this bill would needlessly expand the state’s power to use facial recognition technology. Maine law currently restricts government officials from using facial recognition and surveillance technology except in very limited law enforcement circumstances, one of the strongest facial recognition protections in the nation. LD 706 would expand the scope of existing regulations that were carefully negotiated between stakeholders ranging from law enforcement to privacy advocates.

The dangers of facial recognition technology are well-documented. Any expansion of the government’s power to use facial recognition risks undermining the government’s duty of non-discrimination and threatens the basic privacy rights of Maine people to live freely.

Incorrectly identifying a person could derail a person’s life, and incorrect identification is more likely to affect people of color. According to an MIT study, facial recognition algorithms mistake and misclassify Black women almost 35 percent of the time, while white men are recognized at a nearly perfect rate. A comprehensive study of nearly 200 algorithms by a federal government agency found the technology had trouble identifying racial minorities, especially Black women. More recent studies from the U.S. Department of Commerce and the Computer Vision Foundation show these problems persist, even with newer technology.

TRACK LD 706