I don't think the ACLU would have a problem with the FBI going to the secretary of state with a picture of someone from a security tape committing a crime. If t

I don't think the ACLU would have a problem with the FBI going to the secretary of state with a picture of someone from a security tape committing a crime. If the FBI has entered into a data sharing agreement around drivers license photos and has governance to keep the data set to a certain use case and there are rules around it I don't think the ACLU would much mind that either. The issue here is that the ACLU (and citizens) do not know whether the FBI has any of this governance in place or is using additional photo sources for this matching (like public security feeds, or other aggregated security feeds / image capture) I completely agree that law enforcement agencies will always seek to [reduce barriers to getting what they believe they need] and that we should limit this as a society. While it's easy to abuse and leads to dark conclusions, all I'm trying to suggest is that the FBI may have actually considered appropriate usage of facial recognition and deliberately NOT gone down the rabbit hole you're discussing. Because we don't know, we have to assume the answer might be yes, but those facts have not been established, which is why the ACLU is suing.