As rayiner points out elsewhere in this thread, they should have had the comment period before they first deployed the technology - but they didni't. EPIC sued

As rayiner points out elsewhere in this thread, they should have had the comment period before they first deployed the technology - but they didni't. EPIC sued and in 2011 the court ruled that DHS needed to adhere to the law and go through the commenting process. After delaying for a couple years, here we are.