Law enforcement agencies around the world are enthusiastically adopting the services of Clearview AI, a tech company whose powerful software scrapes several billion open-source images for the purposes of facial recognition. As the company confronts mounting criticism over its disturbing surveillance practices, its CEO, Hoan Ton-That, is rolling out an audacious new defense: he claims that Clearview's practices are protected by the first amendment. Ton-That's upside-down views of civil liberties are, it seems, just as Orwellian as his company's surveillance apparatus. Fortunately he is dead wrong. The constitution does not shield Clearview AI from accountability.

There is a logic behind a newly revealed use of data by federal immigration authorities. Many states welcome people who are in the U.S. without legal status to obtain a driver's license. Now researchers have found that Immigration and Customs Enforcement, along with the FBI, have been running databases filled with driver's license photos through facial recognition software, looking for immigrants of interest. Jake Laperruque is here to talk about this. He is senior counsel at the Project on Government Oversight, an independent group that focuses on corruption and abuse of power.