TL;DR:
- Noem testimony sparks fireworks. Yesterday's Senate Judiciary hearing saw clashes over ICE-related deaths, administrative warrants, and whether immigration officers will be deployed to polling places.
- 70 lawmakers demand ICE data purchases probe. House and Senate Democrats want DHS Inspector General to investigate whether ICE is buying illegally obtained location data.
- Sweden proposes first EU live facial recognition law. Justice Minister submitted legislation authorizing police to use real-time AI facial recognition in public. Critics warn it sets a template for Europe.
- NYC Council hears facial recognition ban bills. Two measures would ban landlords and businesses from using biometric surveillance on tenants and customers.
- Connecticut SB 4 hearing today. Delete Act provisions, algorithmic pricing disclosure, facial recognition amendments on the table.
- PenLink deadline tomorrow. DHS must explain ICE's warrantless phone tracking by March 5.
- FISA 702: 47 days until sunset.
Noem Testimony: What Happened
DHS Secretary Kristi Noem appeared before the Senate Judiciary Committee yesterday. It got heated [1].
The sharpest exchanges centered on the January deaths of two American citizens shot by federal agents in Minneapolis. Democrats pressed Noem on her early characterization of the victims as "domestic terrorists"—a claim the agency has since backed away from [2].
Committee members also grilled Noem on:
- Administrative warrants. ICE has been using these to search homes and private property. They're not court orders—they're signed by ICE supervisors. Democrats want to know the legal basis [3].
- Polling place deployments. Will immigration officers be stationed at voting locations ahead of the midterms? Noem didn't give a clear answer.
- Executive jet travel. Questions about government aircraft use were raised but produced little substance.
The hearing comes as DHS operates on temporary funding. Democrats haven't crossed the aisle on full appropriations, citing concerns about ICE surveillance powers [4].
What was missing: Despite yesterday's briefing coverage, senators didn't push hard on the PenLink surveillance tools or ICE's facial recognition expansion. That fight continues in the House.
Sources: [1] CNN, [2] Military.com, [3] House Judiciary Democrats, [4] The Hill
70 Lawmakers Demand Probe Into ICE Location Data
More than 70 House and Senate Democrats sent a letter to DHS Inspector General Joseph Cuffari demanding a new investigation into ICE's "warrantless purchases of Americans' location data" [5].
The letter accuses ICE of "stonewalling congressional oversight" on its acquisition of commercial location tracking tools. Lawmakers want the IG to investigate whether ICE is purchasing illegally obtained data from brokers who may have harvested it without proper consent [6].
This is separate from the March 5 PenLink deadline. That's a House Oversight letter asking DHS to explain specific tools. This IG request asks for an independent investigation into whether ICE is breaking the law.
The timing matters: both actions hit before tomorrow's deadline.
Sources: [5] The Register, [6] FedScoop
Sweden Proposes First EU Law for Live Police Facial Recognition
Sweden's government submitted legislation to the Riksdag yesterday that would make it one of the first EU countries to explicitly authorize real-time AI facial recognition by police [7].
Justice Minister Gunnar Strömmer presented Proposition 2025/26:150, a 200+ page framework for deploying live biometric surveillance in public spaces. The bill targets serious crimes carrying four years or more in prison—murder, rape, weapons offenses—plus terrorism prevention and missing persons cases [8].
Why it matters beyond Sweden:
- The EU AI Act restricts but doesn't ban real-time facial recognition. Member states can authorize it nationally.
- Sweden would be the template. If it passes, other EU countries can point to it when crafting their own laws.
- The country already faced criticism for wanting backdoors in encrypted messaging. Now it's pushing live facial recognition.
The bill goes to the Committee on Justice (Justitieutskottet) for review. Critics argue it sets a dangerous precedent for the continent [9].
Sources: [7] Riksdagsmonitor, [8] Biometric Update, [9] ID Tech
NYC Council Hears Facial Recognition Ban Bills
The New York City Council's Committee on Technology heard testimony Monday on two bills that would ban facial recognition in housing and retail [10].
The bills:
- Councilmember Shahana Hanif's bill: Bans businesses from using biometric recognition to identify customers in "places of public accommodation"—stores, restaurants, entertainment venues.
- Councilmember Pierina Ana Sanchez's bill: Prohibits landlords from using biometric technology to identify tenants or their guests.
Advocates held a rally outside City Hall before the hearing, urging a complete ban on biometric surveillance by government as well as private sector [11]. The Surveillance Technology Oversight Project (S.T.O.P.) called it "one of the most significant privacy fights in the country."
The Manhattan Chamber of Commerce pushed back, arguing facial recognition helps combat retail theft and that regulation—not an outright ban—is the better approach [12].
What to watch: If NYC passes this, it's the largest city in the country to ban private facial recognition use. That's a template for other metros.
Sources: [10] Fox 5 NY, [11] S.T.O.P., [12] Manhattan Chamber of Commerce
Quick Hits
- Connecticut SB 4 hearing today. Senator Maroney's omnibus privacy bill includes data broker registration (Delete Act-style), algorithmic pricing disclosure, and amendments to CTDPA on facial recognition and geolocation. Hearing before Joint General Law Committee [13]. Bill status
- Sam Altman admits Pentagon deal was rushed. "The optics don't look good," OpenAI's CEO told employees. He acknowledged the deal was "opportunistic and sloppy" but defended it as necessary to "de-escalate" tensions with the military [14]. CNBC
- US Army renews Clearview AI contract. The 1st Special Forces Command extended its facial recognition contract through March 2027 [15]. Biometric Update
- Milwaukee Sheriff rejects facial recognition. Sheriff Denita Ball announced she won't implement the technology, citing the need for community trust [16]. Milwaukee NNS
- Disney settles California privacy case for $2.75M. California DOJ reached agreement over alleged violations [17]. Troutman Privacy
Tomorrow: PenLink Deadline
March 5 is the deadline for DHS to brief House Democrats on ICE's use of PenLink surveillance tools.
Rep. Shontel Brown's February 19 letter demanded answers on:
- Legal justification for warrantless mass location tracking
- Data storage and disposal procedures
- Access controls and misuse prevention
ICE spent $2.3 million on PenLink's Webloc (phone tracking) and Tangles (social media scraping) tools. The agency's total Penlink contracts exceed $25 million [18].
If DHS stays silent, expect escalation from the IG probe request that dropped yesterday.
Full coverage: Congress Sets March 5 PenLink Deadline
FISA 702: 47 Days
Section 702 expires April 20. The administration wants a clean extension. The SAFE Act coalition wants warrant requirements. The standoff continues.
What to Watch
Today, March 4: Connecticut SB 4 hearing—Delete Act provisions, facial recognition amendments.
Tomorrow, March 5: PenLink briefing deadline. Will DHS respond?
March 31: Conduent breach credit monitoring enrollment deadline.
April 20: FISA Section 702 sunset. 47 days.
Last updated: March 4, 2026