NYPD taps FDNY to bypass facial recognition ban

The NYPD circumvented its facial recognition ban by using the New York Fire Department to identify a pro-Palestinian protester at Columbia University, according to court documents and a recent lawsuit. The arrangement allowed police to access Clearview AI facial recognition technology and DMV records that are typically restricted under NYPD policy, raising significant concerns about surveillance oversight and government accountability.

What happened: Fire marshals used Clearview AI to identify Zuhdi Ahmed, a 21-year-old CUNY pre-med student, after he was accused of throwing a rock at a pro-Israeli protester during April 2024 demonstrations at Columbia University.

• The FDNY searched social media photos including Ahmed’s high school graduation, formal events, and school plays to make the identification.
• A fire marshal then accessed DMV records on behalf of NYPD detectives, providing Ahmed’s driver’s license photo for a police lineup.
• Ahmed was initially charged with a felony hate crime, later reduced to a misdemeanor, before the case was dismissed in June.

Why this matters: The case exposes a significant loophole in New York City’s surveillance oversight laws and demonstrates how agencies can bypass facial recognition restrictions.

• NYPD policy limits facial recognition searches to arrest and parole photos only, requiring high-level approval for broader searches.
• The POST Act requires NYPD to publicly report on surveillance technology use, but doesn’t cover other city agencies assisting police.
• Manhattan Criminal Court Judge Valentina Morales dismissed the case specifically because of concerns about surveillance practices that violated law enforcement policies.

The technology involved: FDNY has used Clearview AI since December 2022 under an annual contract, while NYPD is barred from using the controversial facial recognition software.

• Clearview AI matches uploaded photos against billions of images sourced from social media and websites.
• The system identified Ahmed through photos spanning his teenage years, including images where he wore a Palestinian flag stole at graduation.
• Fire marshals can access broader databases than police, including DMV records that typically require supervisor approval for NYPD detectives.

What the emails reveal: Court documents show casual coordination between FDNY and NYPD officials to circumvent surveillance restrictions.

• “Hey brother,” the fire marshal wrote to an NYPD detective, offering to run facial recognition searches and access DMV photos.
• After Ahmed’s arrest, the fire marshal texted: “All good bro happy to help. Don’t hesitate to reach out again if you need anything.”
• The exchanges suggest this may not be an isolated incident, though the full extent of such arrangements remains unknown.

Legislative response: City Council members are drafting new legislation to close surveillance oversight loopholes exposed by the case.

• Councilmember Julie Won is sponsoring a bill to prohibit city agencies from using surveillance technologies on behalf of law enforcement.
• The proposed legislation would mandate agencies disclose surveillance technology use for any reason, not just police-related activities.
• Current POST Act amendments only track information NYPD shares with other agencies, not assistance provided to police.

What they’re saying: Privacy advocates and legal experts expressed alarm about the surveillance workaround and its implications for civil liberties.

• “The NYPD keeps using these incredibly disturbing companies to spy on New Yorkers, while hiding that surveillance from the public,” said Albert Fox Cahn of the Surveillance Technology Oversight Project.
• Judge Morales wrote: “Where the state routinely gathers, searches, seizes, and preserves colossal amounts of information, transparency must remain a touchstone, lest fairness be lost.”
• Ahmed described the experience as “something straight out of a dystopian, futuristic movie” and said he never imagined his teenage photos could be used for surveillance.

The broader context: The case emerged from Columbia University’s pro-Palestinian protests in spring 2024, which drew heavy police response amid national campus demonstrations.

• NYPD made over 100 arrests at Columbia’s encampment in April 2024, using stun grenades and drones during the crackdown.
• Ahmed said he was attending a jazz event when he heard chanting and walked over to the protest area.
• The incident highlights concerns about using facial recognition technology to identify political protesters, potentially chilling First Amendment rights.