Boro Law Firm 345 FRANKLIN STREET ‘SAN FRANCISCO, CALIFORNIA 94102 (415) 621-2400 Fax: (419) 276-5870 ‘ave boro-iaw.com, ‘Altert J. Boro, Jr. Tot 615) €21-2400, ole (416) 29-1210 ahore@terolawoom January 3, 2019 Via E-mail & First Class Mail Ms. Deborah A. Coder Records Access Officer & Assistant Superintendent for Finance and Management Services _ Lockport City Schoo! District 130 Beattie Avenue Lockport, NY 14094 RE: _ Public Records Request Regarding Facial Recognition Technology Dear Ms, Coder: This firm represents BrainChip, Inc. (“BrainChip”), which is a leading provider of neuromorphic computing utilizing Spiking Neural Networks (“SNN") for machine learning with applications that include facial and object recognition. BrainChip’s affiliate in France, BrainChip SAS, which is the former Spikenet Technology SARI. (“Spikenet”), developed the Spikenet software for facial recognition utilizing SN, which has been deployed with certain law ‘enforcement agencies in Europe, BrainChip hes a license’agreement with SN Technologies Corp. of Canada (“SN Tech”) for use of BrainChip’s facial recognition software in SN Tech’s Aegis product, and contends that SN Tech owes it license foes for the insallation at the Lockport City School District (“Lockport” or the “District”). BrainChip seeks information regarding the District's acquisition and planned or actual utilization of facial recognition software, and accordingly is submitting the attached public records request pursuant to the New York Freedom of Information Law (“FOIL”)! BrainChip has beeom .e aware that Lockport is using New York state funds provided through the Smart Schools Bond Act (“SBA”) to purchase and install ¢ video surveillance product with facial recognition software for use it is schools (the “Project”. According to Lockport’s Smart School Investment Plan (“SIP”), Lockport proposed to use $3,810,833 of SSBA funds for the "N.Y. Pub. Off. Law § #4 ef. eq.Ms. Deborah A. Coder January 3, 2019 Page 2 of 6 Project under the SSBA sub-category of high-tech security features.? The expenditures include “new cameras and wiring .... to provide viewing and automated fecial and object recognition of live and recorded surveillance video” as well as “additional surveillance servers ... to provide enhanced storage of recorded video and processing of live and recorded surveillance video.”> The District’s Board of Education discussed the proposal at « Work Session Meeting held on August 10, 2016, and held a public hearing on the proposal at a meeting on August 17,2016. ‘The Lockport SSBA. Plan was approved by the Smart Schools Review Board in November 2017. Due to public concerns about the Project, the District’s Board of Education received additional public comments and heard a presentation on the Project at its March 28, 2018 meeting at which it awarded the contract to Ferguson Electric Construction Company, Inc. (“Ferguson”) for the Project® We understand that Lockport began installation of the new video system end servers with the facial recognition software in or about May 2018.” At the District's August 17, 2016 public hearing on the Project and its Merch 28, 2018 regular meeting, the Lockport Board of Education heard testimony on the effectiveness of the faciel Tecognition software proposed to be deployed at Lockport based on its prior use by European law enforcement agencies. Mr. Tony Olivo of Corporate Screening & Investigative Group LLC (“CSI") told the Board of Education at both meetings that the technology was developed for policing ‘terrorism overseas and he specifically mentioned its use by Scotland Yard and the French Ministry of Defense.* In addition, Mr. KC Flynn of SN Tech accompanied Mr. Olivo at the August 17, 2016 public hearing, and when asked if the facial recognition software was ready to be deployed, he responded in the affirmative and stated that the software had been developed in 1999, and wes used by Scotland Yard, as well as Las Vegas casinos.? These assurances provided by Mr. Olivo and Mr. Flynn were clear references to Spikenet's facial recognition software because Spikenet had previously made public statements referencing its work with the French government, Seotiand Yard, and the Nevada Gaming Authority. In fact, documents produced by Lockport in response to the New York Civil Liberty Union’s (NYCLU’s”) FOIL request, show that SN Technologies represented to the District that the Spikenet facial recognition software was being used as part of its 2 Lockport City School District, Smart Schools Investment Plan at 15-17 (2016-17) (available at http//p1232 nysed.govimgtserv/documentsLOCKPOR TCITYSD pdf) (lest moified October23, 2017). ia. at 15. 4 See DVD, Lockport Board of Education Work Session Meeting, Aug. 10, 2016 (availeble from Lockport Community ‘Television); DVD, Lockport Board of Education Meeting, Aug. 17, 2016 (available from Lockport Community Television) “Aug. 17, 2016 Meeting Recording”) ; ; 3SSBA~ Smart Schools Investment Plas Review Board Meeting #7—Nov 27,2017 alte 53 IW /sites/governor.ny.gov/filesiatoms!files/Summary of SSIPs Meeting 7pd, {EZEDYD, clon Bed of Eaestion ockng, Mar 28,2018 availble fon Loetpor Communty Television) (Mar. 28, 2018 Meeting Recording” Sittonas Prohask, “Lackpot Spools Tum to Sate ofthe Ait Techadgy to eet Up Sect” Bute News, May 20, 2018 (availble at https://bufalonews.com/2018/05/20/lockport-schools-rurm-to-state-of-he-art-technology-to- beetup-securiy/}; se also Application and Certification for Payment No.1, submited by Ferguson io Lockport, forthe period to May 31, 2018 (showing 90% completion on the “CSUSN Tech Sofware Materia!” witha scheduled value of $1,405,770.00, and partial completion ofthe CCTV tech and labor) (produced in resporse to NYCLU FOIL request, see infranore 10) The a6 1? 2016 Meeting Recording, a the 22-10-23 minute mark; Mar. 28, 2018 Meeting Recording, at the 390-40 ‘minute mark, ° See Aug. |7,2016 Meeting Recording, at the 18-10-20 minute mark.. Deborah A. Coder January 3, 2019 Poge 3 of 6 ‘Acgis product to be deployed at Lockport.'° And these same assurances concerning the efficacy of the facial recognition software were widely circulated to parents in the District in news articles quoting Messrs. Olivo and Flynn.!* ‘The use of facial recognition software in a school setting requires thoughtful planning and care to ensure that the technology deployed addresses concems over accuracy of facial identifications made and potential infringement on the privacy rights of those in the school community. The public’s trust in the facial recognition system depends on its view of the software's reliability and track record of prior deployments. The public has a keen interest in reviewing the decisions surrounding the Project to ensure they were supported by adequate due diligence and accurate representations, assurances, or other statements made concerning the facial recognition software during the planning, approval, and application process. It is in the public's interest that the details of Lockport’s selection of its facial recognition software and its management and operation of the Project be made available to the public. The information BrainChip seeks includes representations made to the District about the facial recognition software being deployed, the District’s own due diligence investigation regarding the specific facial recognition software, the contractual relationships that the District entered into with private entities regarding development and installation of the Project, and the financial obligations the District has undertaken, Accordingly, because of these substantial questions of public interest, we seek public records related to the selection, purchase, use, and installation of the facial recognition software, as listed in the attached Exhibit A. As you know, FOIL requires a response within five business days of your receipt of this letter. Please provide an estimated timeframe within which the requested records are to be produced. If for any reason any portion of this request is denied, please inform us of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed. If you determine that any portion of the requested records are exempt from disclosure pursuant to FOIL, please redact only the material claimed as exempt, inform us of the basis for the exemption claim, and furnish copies of those portions of the records that you determine not to be exempt. We agree to compensate you for the cost of duplicating the records we request, as provided by law. Upon locating the requested documents, please contact us prior to photocopying and advise 1 S20 Stefanie Coyle & Naomi Dann, “We Asked for Answers on Facial Revognition in Schools. Our Questions Remain,” NYCLU, Aug. 28, 2018, posting documents received from Lockport in response to its FOIL request (available at httpe:/www nyu org/en/news/we-asked-answers-facial-recogaition-schols-our-questions-remain). The documents obtained by the NYCLU include a June 25, 2018 Memorandum of Mr. Flynn of SN Tech toMs. Coder of Lockport with information to use in the District's response to the NYCLU FOIL request and attaching an Aegis sel sheet that states that Aegis is “Powered by SPIKENET” (produced with Bates numbers LCSD-000137 to 141), and a March 15, 2016 email exchange betveen Mr, Olivo of CST and Ms. Coder in which they diseass the “developers” offer “to send a member of their technical team from France,” which Mr. Olivo réfers to asthe “SpikeNet teem,” 1 See Tim Fenster, “Trying for More Secure Schools: Lockport District Tuning to Facial Recognition Software,” Lockport Union-Sun & Jownel, Mar. 4,2018 (aveilable at kttp:/wwww lockportjoural com/news/ocal_newshrying-for- rmore-secure-schools-lockport-district-tuming-to-faiaVarticle Fle:9cfa-0898-Sda0-acSd-4600d12IkedT him); Prohaska, supra, note 7.