1300 Pennsylvania Avenue NW
Washington, DC 20229

U.S. Customs and



Port of Seattle Commission
2711 Alaskan Way
Seattle, WA 98121

Dear Commissioners,

U.S. Customs and Border Protection (CBP) is in possession of a draft copy of the Port of Seattle's
proposed document concerning the principles for use of biometric technology at Seattle port
facilities, and is aware that this motion will be considered at a Commissioners meeting on
December 10, 2019.

This letter is to confirm CBP's agreement with the principles outlined in the motion and to
commend the Port of Seattle Commission on its efforts regarding adoption ofbiometric technology
at its facilities.  CBP agrees with the Port of Seattle's biometric principles and finds they align
fundamentally with CBP's mission and approach to better secure our nation by incorporating
biometrics into its comprehensive entry-exit system.

In support of the motion, CBP provides the following explanation on how CBP lives by these
principles today in application of facial recognition technology in its biometric matching service,
the Traveler Verification Service (TVS).

Seattle Port Principle & CBP Alignment

1)  Voluntary: The use of biometrics to identify and validate travelers through Port facilities
should be voluntary, and reasonable alternatives should be providedfor those who do not wish
to participate  through a convenient  "opt-in" or  "opt-out" process, except in specific
situations authorized by the Port or required byfederal law such as U.S. Customs and Border
Protection's (CBP) entry and exit requirements for non-U.S. citizens. Unintended capture of
data by biometric technology from those travelers opting out ofsuch biometric data collection,
or ofany non-travelers or other visitors at the airport, should be prevented, any unintended
capture ofthis data should not be stored.

CBP Alignment: U.S. citizens are not within the scope of CBP's biometric entry-exit
program, and those who do not wish to have a photo taken may request alternative
processing, which typically involves a manual review of their travel documents. CBP posts
information on opt-out procedures near the point of departure or arrival into the United
States.

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Seattle Port Commission Biometric Motion

2) Private: Data collected by biometric technology at Port facilities or by Port employees from
travelers through Portfacilities should be storedfor no longer than required by applicable law or
regulations, and should be protected against unauthorized access. The Port opposes this data
being knowingly sold or usedfor commercial purposes unrelated to processing travelers at Port
facilities without their clear and informed consent.

CBP Alignment: As outlined in the TVS Privacy Impact Assessment (DHS/CBP/PIA-056
Traveler Verification Service  November 2018"), once a match is made, U.S. citizens'
photos are retained for no more than 12 hours in the TVS cloud for disaster recovery
purposes, then deleted. CBP retains only a confirmation of the crossing and the associated
biographic information. No photos of U.S. citizens are retained under this process.

Facial images for arriving and departing foreign nationals are retained by CBP for up to
two weeks, not only to confirm travelers' identities but also to assure continued accuracy
ofthe algorithms. As always, facial images of arriving and departing foreign nationals are
forwarded  to  the  U.S.  Department  of Homeland  Security  Automated  Biometric
Identification System (IDENT) system for future law enforcement purposes, consistent
with established DHS processes and regulations?.

CBP's Business Requirements do not allow its approved partners such as airlines, airport
authorities, or cruise lines to retain the photos taken under this process for their own
business purposes. The partners must immediately purge the images following transmittal
to the TVS, and the partner must allow CBP to audit compliance with this requirement.

3)  Equitable: The Port opposes discrimination or systemic bias based on religion, age, gender,
race or other demographic identifiers. Biometric technology used at Portfacilities or by Port
employees shouldbe reasonably accurate in identifyingpeople ofall backgrounds, andsystems
should be in place to treat mismatching issues with proper cultural sensitivity and discretion.

CBP Alignment: CBP is fully committed to the fair, impartial and respectful treatment of
all members of the trade and traveling public. CBP has rigorous processes in place to
review data and metrics associated with biometric entry and exit facial comparison
performance.  Significant variance in match rates that can be attributed to demographic
variables have not been detected.  Additionally, CBP is partnering with the National
Institute of Standards and Technology (NIST) to conduct a comprehensive analysis of
facial comparison technology used in CBP's biometric entry-exit efforts, in order to
improve data quality, integrity, and accuracy.

4)  Transparent: Use ofbiometric technologyfor passenger processing at Portfacilities should
be communicated to visitors and travelers. Individuals should be notified about any collection

| DHS/CBP/PIA-056 Traveler Verification Service
- November 2018 is available at:
https://www.dhs.gov/publication/dhscbppia-056-traveler-verification-service-0.

2DHS/OBIM/PIA-001 Automated Biometric Identification System iis available at:

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Seattle Port Commission Biometric Motion                        A
oftheir biometric data tofacilitate travel at Portfacilities, and how that data may be used, in
easily understood terms.

CBP Alignment: CBP strives to be transparent and provide notice to individuals
regarding its collection, use, dissemination, and maintenance of personally identifiable
information (PII). CBP works closely with partners to post the required privacy notice on
signs for impacted travelers and the public in close proximity to the cameras and
operators, whether the cameras are owned by CBP or the partners. In addition, tear sheets
are available as requested.

When airlines or airports are partnering with CBP on biometric air exit, the public is
informed. We provide notice to travelers at the designated ports of entry through both
printed and electronic signs, LED message boards, and verbal announcements to inform
the public that photos will be taken for identity verification purposes and of their ability
to opt-out of having their photo taken.

5)  Lawful: Use of biometric technology and/or access to associated biometric data collected
should comply with all laws, including privacy laws and laws prohibiting discrimination or
illegal search against individuals or groups.

CBP Alignment: CBP is committed to ensuring that our use oftechnology sustains and
does not erode privacy protections. We take privacy obligations very seriously and are
dedicated to protecting the privacy of all travelers. CBP complies with all federal legal
requirements, including under the Privacy Act of 1974, as well as all DHS and
government-wide policies. In accordance with DHS policy, CBP uses the Fair
Information Practice Principles (FIPPs) to assess the privacy risks and ensure
appropriate measures are taken to mitigate any risks from the use of biometrics. As CBP
is bound by the above mentioned privacy laws and policies and data collection
requirements, partnering stakeholders are also held to the same standards, which ensures
accountability with the public on how both government and the private sector use
biometrics.

6)  Ethical: The Port and its partners should act ethically when deploying biometric technology
or handling biometric data. Ethical behavior means actions which respect key moralprinciples
that include honesty, fairness, equality, dignity, diversity and individual rights. In particular,
use ofbiometrics at Portfacilities should comply with Resolution No. 3747, establishing the
Port's Welcoming Port Policy Directive to increase engagement with, and support for,
immigrant and refugee communities.

CBP Alignment: CBP is fully committed to the fair, impartial and respectful treatment of all
members of the trade and traveling public.

7)  Justified: Biometric technology at Port facilities should be used only for a clear intended
purpose thatfurthers a specific operational need. The Port does not condone biometricsfor

3 The Fair Information Practice Principles: Framework for Privacy Policy at the Department of Homeland Security
is available at: https://www.dhs.gov/sites/default/files/publications/privacy_policyguide_2008-01_0.pdf.

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Seattle Port Commission Biometric Motion

"mass surveillance" for example, use offacial recognition on large groups ofpeople without
a lawful purpose, rather than single-usefor travelers.

CBP Alignment: CBP TVS matches travelers to their travel documents only. It is not a
surveillance program. CBP introduced the use of facial recognition technology into an already
established process that requires the verification of an individuals identity when entering or
exiting the United States. CBP is simply replacing the current manual travel document
comparison with facial comparison technology.

As outlined in the TVS PIA, CBP and partners inform travelers of the process through signage
and announcements describing how a photo is taken and submitted to the TVS; this photo is
used solely for the purpose of matching the traveler to the travel document and ensuring that
the travel document being presented belongs to the bearer of the document.

Again, CBP strongly supports the list of principles outlined by the Port of Seattle. We look forward
to working with the Port of Seattle Commission on the use of facial comparison technology in Port
of Seattle facilities.

Sincerely,
EtP.Wagner
Deputy Executive Assistant Commissioner
U.S. Customs and Border Protection, Office of Field Operations