1. United States
  2. Mass.
  3. Letter

Government Technology Must Meet Constitutional Standards Before Deployment

To: Sen. Warren, Sen. Markey, Rep. Trahan

From: A verified voter in Lowell, MA

February 17

Across multiple federal and state agencies, powerful new technology systems are being deployed in ways that directly affect Americans’ constitutional rights — yet without consistent national standards for accuracy, transparency, or accountability. Recent reporting has revealed that the Department of Homeland Security dramatically expanded its SAVE database to flag potential noncitizens on voter rolls. The system was rolled out on an accelerated timetable, and local officials in multiple states reported significant error rates — including naturalized citizens wrongly identified and temporarily barred from voting. In some states, flagged voters were referred for possible investigation before verification was complete. Voting is a fundamental constitutional right. Tools that affect eligibility must meet the highest reliability standards before they are used at scale. At the same time, law enforcement agencies have begun piloting AI tools such as GeoSpy, which claims it can geolocate images within one to five meters by analyzing environmental and architectural clues. Even internal communications describe these systems as still in testing phases and prone to false positives. When AI-generated leads are used in criminal investigations, there must be clear safeguards to prevent sole reliance on unverified outputs for probable cause. Meanwhile, in ongoing litigation over conditions at an ICE detention facility, the federal government has acknowledged losing hard drives provided to store court-ordered surveillance footage and failing to produce complete camera feeds. Courts depend on reliable evidence preservation. If agencies cannot maintain data integrity in discovery, confidence in broader technology governance is further undermined. These cases are not isolated. Civil liberties organizations, research institutions, and oversight bodies have repeatedly warned that predictive policing systems, facial recognition technologies, and large-scale data-matching tools often lack independent audits, clear error reporting, and meaningful public oversight. The FBI’s documented compliance failures involving surveillance databases underscore how powerful data systems can drift beyond constitutional guardrails when oversight lags behind capability. Technology can support legitimate public safety and administrative goals. But constitutional rights must not become beta tests. Congress should establish clear federal standards before further expansion occurs. At minimum, this should include: • Independent third-party accuracy audits before deployment. • Public reporting of error rates and system limitations. • A prohibition on sole reliance on automated systems for voter removal or probable cause. • Judicial warrant requirements for advanced geolocation tools. • Strict evidence preservation and data integrity requirements. • Robust whistleblower protections for reporting misuse. Americans deserve technology that strengthens democracy — not systems that risk disenfranchisement, wrongful suspicion, or lost evidence. Guardrails must come first.

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