In comments to Customs and Border Protection, EPIC urged the agency to suspend the Biometric Entry/Exit Program. EPIC argued that less privacy-invasive alternatives should be considered and that the program should not move forward until Congress has passed regulations implementing safeguards for the use of biometrics. CBP solicited comments about the collection of biometrics, based on facial recognition, from people in vehicles crossing the border. EPIC said that such an expansion could quickly lead to a program of mass surveillance. In EPIC v. CBP, EPIC has sued the agency for details about the program. A report EPIC obtained in the lawsuit showed that facial recognition at a pedestrian border failed to perform at a "satisfactory" level.
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