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January 15, 2019 American Civil Liberties Union (ACLU) ACLU Foundations of California ACLU of Massachusetts Satya Nadella ACLU of Washington Chief Executive Officer New York Civil Liberties Union 18MillionRising.org Brad Smith A New PATH President Access Now Microsoft Corporation ALIGN (The Alliance for a Greater New York) American Friends Service Committee Dear Mr. Nadella and Mr. Smith, American Muslim Empowerment Network-Muslim Association of Puget Sound We are a coalition of organizations dedicated to protecting civil rights American Muslims of Puget Sound and liberties and safeguarding vulnerable communities. We commend Arab American Institute Microsoft for acknowledging the grave risks associated with face Asian Americans Advancing Justice - AAJC surveillance and the need for action. We write today to call on Asian Americans Advancing Justice- Asian Law Caucus Microsoft to commit that it will not provide its face surveillance CAIR San Francisco Bay Area product, Face API, to governments. Californians United for a Responsible Budget Campaign for Accountability Microsoft has acknowledged the dangers of face surveillance and its Casa Latina responsibility to build and disseminate technology that does no harm. Center for Media Justice In a speech and blog post published on December 6th, Mr. Smith Center on Policy Initiatives observed how widespread face recognition can lead to a surveillance Charles Hamilton Houston Institute for Race and Justice society where bias and discrimination are exacerbated, privacy is Color Of Change virtually non-existent, and our democratic freedoms are eviscerated. Council on American Islamic Relations, Massachusetts Mr. Smith also acknowledged Microsoft’s responsibility to take Council on American-Islamic Relations, California internal company steps to address these issues. CREDO Action Data for Black Lives The dangers of face surveillance can only be fully addressed by Defending Rights & Dissent stopping its use by governments. This technology provides the Demand Progress government with an unprecedented ability to track who we are, where Densho we go, what we do, and who we know. With that power comes the El Centro de La Raza ability to target and single out immigrants, religious minorities, and Electronic Frontier Foundation people of color in our communities. Systems built on face surveillance End Solitary Santa Cruz County will amplify and exacerbate historical and existing bias that harms Entre Hermanos these and other over-policed and over-surveilled communities. In a Fair Chance Project world with face surveillance, people will have to fear being watched Families for Justice as Healing and targeted by the government for attending a protest, congregating Families Belong Together outside a place of worship, or simply living their lives. Fight for the Future Free Press In his December 6 post, Mr. Smith acknowledged many of these Freedom for Immigrants dangers, but then proposed wholly inadequate safeguards. Reducing Freedom of the Press Foundation bias, providing notice to consumers, and requiring court orders for Government Accountability Project individual tracking will not prevent the grave consequences of face Government Information Watch surveillance, particularly on vulnerable communities. Those Grassroots Collaborative safeguards will do nothing to stop the government from developing Harrington Investments, Inc. face surveillance systems that allow for general and widespread Harvard Law School National Lawyers Guild monitoring and tracking. Microsoft should not be helping to build this Human Rights Watch future. Immigrant Defense Project Interfaith Center on Corporate Responsibility Microsoft should listen to its employees, the public, and also take heed International Committee for Robot Arms Control of competitor commitments. In June, Microsoft’s own employees called John T. Williams Organizing Committee on the company to “take an ethical stand, and put children and Justice for Muslims Collective families above profits” in deciding how to do business with LAANE (Los Angeles Alliance for a New Economy) governments. In recent months, there has been widespread public Legal Services for Prisoners with Children concern about face surveillance, with dozens of members of Congress, 1 Library Freedom Project shareholders, and over 150,000 members of the public blowing the Lucy Parsons Labs whistle on the dangers of face surveillance both to communities and to Make the Road New York public trust in companies. In contrast to Microsoft, which is currently Media Alliance selling its Face API product, Google announced in December 2018 that Mental Health Legal Advisors Committee of it has not, and will not, sell a facial recognition surveillance product Massachusetts Supreme Judicial Court until the technology’s dangers are addressed. Mijente Muslim Justice League Microsoft has a responsibility to do more than speak about ethical National Association of Criminal Defense Lawyers principles; it must also act in accordance with those principles. This National Immigration Law Center means that Microsoft must ensure that there is a meaningful debate National Immigration Project of the NLG about face surveillance before it is in the hands of government. There National Lawyers Guild - New York City Chapter cannot be a meaningful debate about ethical use of this technology if it National Lawyers Guild - Massachusetts Chapter is already spreading to government agencies. We call on Microsoft not New Economy Project to provide a face surveillance product to governments. New York Communities for Change Oakland Privacy We look forward to your written response to this letter. OCCORD (Orange County Communities Organized For Responsible Development) OneAmerica Signed, Our Revolution Arlington Partnership for Working Families American Civil Liberties Union John T. Williams Organizing Policing and Social Justice Project at Brooklyn College ACLU Foundations of California Committee RAICES ACLU of Massachusetts Justice for Muslims Collective Real Change Homeless Empowerment Project ACLU of Washington LAANE (Los Angeles Alliance Restore The Fourth New York Civil Liberties Union for a New Economy) Silicon Valley Rising 18MillionRising.org Legal Services for Prisoners Sisters of St. Joseph of Brentwood A New PATH with Children Starting Over, Inc. Access Now Library Freedom Project SumOfUs ALIGN (The Alliance for a Greater Lucy Parsons Labs Tenth Amendment Center New York) Make the Road New York The Greenlining Institute American Friends Service Media Alliance The Legal Aid Society (NYC) Committee Mental Health Legal Advisors The Project on Government Oversight American Muslim Empowerment Committee of Massachusetts Tri-State Coalition for Responsible Investment Network-Muslim Association of Supreme Judicial Court Unitarian Universalist Mass Action Puget Sound Mijente War Resisters League American Muslims of Puget Sound Muslim Justice League Women's International League for Peace and Freedom Arab American Institute National Association of X-Lab Asian Americans Advancing Criminal Defense Lawyers Justice - AAJC National Immigration Law Asian Americans Advancing Center Justice- Asian Law Caucus National Immigration Project CAIR San Francisco Bay Area of the NLG Californians United for a National Lawyers Guild - New Responsible Budget York City Chapter Campaign for Accountability National Lawyers Guild - Casa Latina Massachusetts Chapter Center for Media Justice New Economy Project Center on Policy Initiatives New York Communities for Charles Hamilton Houston Change Institute for Race and Justice Oakland Privacy Color Of Change OCCORD (Orange County Council on American Islamic Communities Organized for Relations, Massachusetts Responsible Development) Council on American-Islamic OneAmerica Relations, California Our Revolution Arlington 2 CREDO Action Partnership for Working Data for Black Lives Families Defending Rights & Dissent Policing and Social Justice Demand Progress Project at Brooklyn College Densho RAICES El Centro de la Raza Real Change Homeless Electronic Frontier Foundation Empowerment Project End Solitary Santa Cruz County Restore the Fourth Entre Hermanos Silicon Valley Rising Fair Chance Project Sisters of St. Joseph of Familes for Justice as Healing Brentwood Families Belong Together Starting Over, Inc. Fight for the Future SumOfUs Free Press Tenth Amendment Center Freedom for Immigrants The Greenlining Institute Freedom of the Press Foundation The Legal Aid Society (NYC) Government Accountability Project The Project on Government Government Information Watch Oversight Grassroots Collaborative Tri-State Coalition for Harrington Investments, Inc. Responsible Investment Harvard Law School National Unitarian Universalist Mass Lawyers Guild Action Human Rights Watch War Resisters League Immigrant Defense Project Women's International League Interfaith Center on Corporate for Peace and Freedom Responsibility X-Lab International Committee for Robot Arms Control 3