Marla McHughes

From:

Sent:

To:

Subject:
Attachments:

Marla,

Sprouse, Douglas B. (CJIS) (FBI) 
Thursday, February 28, 2019 12:53 PM

Marla McHughes

FBI CJIS Division FACE Services Unit
Arkansas_FACE_MOU.pdf

It was nice to speak with you today. I have a few things for 

1. The MOU is attached. The original MOU was signed in 2013. This MOU was renewed in 2017. An internal
requirement for us is to revisit all agreements every three years. Facial recognition is ever evolving, so we
renewed the template to address information security and privacy.

2. The MOU states that we send 6 requests per week, however, Misty and company has agreed to process up to 5
per day. I understand that this rarely happens, so I was wondering if we can keep the status quo until it

becomes a problem.

3. I intend to email Juanita this afternoon to introduce ourselves, to obtain her LEO email address, and to let her
know that requests will be sent to her. Is that ok? May I copy you on the email?

4. The FACE Services had a major success story that involved the AR DFA back in 2015. Long story short, we were
able to apprehend a 19 year FBI fugitive with information you provided us.

Please let me know when you would like to sit down with everyone in the virtual room to discuss this facial recognition

operation.

Have a Great Dayli
Doug

9054:9534: SW
FBI CJIS Division
FACE Services Unit
304.625.2111


 

CJIS AGREEMENT ROUTING SLIP

 

 

Sponsoring ()t?i?iee: 561?s!" Section: 955 Date 
Author: Marik? r? Carve?il ExtensienJ??

 

New Agreement Renewal Agreement 35 Amendment
Entered into the (3.115 Agreement Summary Database: Yes v? No
OGC Reviewedepraved email attached: Yes Na



Sgensering exiew:
V?f?u?i Date 3/i'3/i 7 DNA.

Unit See reta rye}

 

 

 

 

 

Section Secrets Date El NA
Supen?isur: Date 3?30 1" '17- El NA
Unit Chief: Date 37 er NA
s?E?iIh Chi i 5? Date El NA
Date 7/67fo NA.

 

Other: 1mg. L?mmi?i't Date .3 NA
Other: Date - El NA
Other: Date NA



Additional Section Review:

 

 

 

 

 

 

 

 

 

 

Other Section Review Required No

Unit Secretary: . Date NA
Sectithceretarj': Date El NA
DADSeeretary: mm 5 Date El NA
Supervisor: 3 Date El NA
Unit Chief: Date NA
Seetiun Chief: - Dale IIJ NA
DAD: Date NA
Other: 1) 1 El NA
Other: Date NA
Other: Date [1 NA

 



If additional Seetinn Review required please print

additional muting slip anti attach


Centralized Of?ce Final Review-{Rented to All or Designated Apprever

 

.. -- -. . .- . - n- -. 

CARVELLI, MARK A. (FBI)

From: WELGH. VANESSA A. 

Sent: Thursday, March 89. 201? 2:51 PM

To: CARVELLI, MARK A. (CK) (FBI)

Cc: BOKEY. LURE L. TAYLOR. EIETSY 0. PANARELLA. RDXANE 
(FBI). CHANEY, CHRISTOPHER 

Subiect: FW: Arkansas MDU UNCLASSIFIED

SentineiCase-Id: TRANSITDRY RECORD

Classification: UNCLASSIFIED
TRANSITO RY RECORD
-

Please find attached to this email the approwzd FACE/Arkansas MOU. I faited to correctly;r attach it to my Iegal sufficiencw;
emaii sent eariier this afternoon.

Please let me know if you have any questions.
Best,

Vanessa

 

From: MARK A. (cs) 
Sent: Thursday, March 09, 201? 1:42 PM
To: WELCH, VANESSA A. (DEC) {531)
Subject: Arkansas moo UNCLASSIFIED

Classification: UNCLASSIFIED

TRANSITDRY RECORD
Vanessa.

Attached is the final version of the Arkansas MDU. Can you please have it (reviewed and the ok for suf?cient emaiE for
signature.

Let me know if! need to do anything etse.

Arkansa 


g?lam? SE ?imda?i.

management and Program Analyst
FACE Services unit

- . . . -. -. was? .W mus-mm .- -.-. . 

CARVELLI. MARK A. (Fan

From: WELCH. VANESSA A. (0 

Sent: Thursday. March PM

To: CARVELLI, MARK A. 

Cc: CAVFS. LESLIE L. (CK) FANARELLA. ROXANE (CK) TENNANT, DEBRA L. (CK)
CHANEY. CHRISTOPHER BOKEY, L. (FBI)

Subject: RE: Arkansas MOD UNCLASSIFIED

Foilow Up Fiag: Follow up

Flag Status: Flagged

Categories: Red Category

SentinelCaeeld: TRANSETORY RECORD

Classification: UNCLASSIFIED

TRANSITORY RECORD
Mark -

The foice of the General Counsel has reviewed the attached MDU for the Arkansas Department of Finance and
Administration and deems it to be legally sufficient. As with ail MDUs, please keep in mind the recordkeeping
requirements set forth in Section 4 of the FBI Memoranda of Understanding 8.: Non-Contractual Agreements Policy
Implementation Guide Each original MDU {bearing the original signatures} must be sent to the CNS Division
Records Management Group for seriaiizing and opioading. Also, any changes to the document will require review
and approval by DGC.

Vanessa Welch

 

From: CARVELLE, MARK A. (CK) (FBI)
Sent: Thursday, March 201? 1:42 PM
To: WELCH, VANESSA A. (DEC) (FBI)
Subject: Arkansas MDLI UNCLASSIFIED

Classification: UNCLASSIFIED
TRANSITDRY RECORD
?v'a REESE,

Attached is the final version of the Arkansas MDU. Can you piease have it reviewed and the alt for suf?cient email for
signature.

Let me know if! need to do anything else.

File: Arkansa 

(31mm.

 

"3 Jul.? . Lr-c! .- . 

 

MEMORANDUM OF UNDERSTANDING
BETWEEN

THE FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES DIVISION

AND
THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION

CONCERNING THE SEARCH OF FBI PHOTOS AGAINST THE

THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION FACIAL

RECONGNITION DATABASE
PURPOSE

The purpose of this Memorandum of Understanding (M011) is to document the
agreed responsibilities and functions of the Parties with respect to conducting
searches of the ARKANSAS (AR) DEPARTMENT OF FINANCE AND
ADMINISTRATION (DFA) face recognition database. which contains
driver's license photos. These searches wit] be performed for the purpose of
comparing Fedora! Bureau of Investigation (FBI) investigative photos against
photos housed in the AR DFA FR database to obtain information that will
advance active FBI investigations, apprehend wanted fugitives or known or
suspected terron'sts. and locate missing persons nationwide.

PARTIES

A. The FBI. Criminal Justice Information Services (CJIS) Division. Biometric
Services Section (BBS), FACE Services Unit provides investigative support to
FBI ?eld of?ces and headquarters divisions. The CJIS Division?s Assistant
Director is the FEil's point of contact (FOG) for this MDU. For day-to-day
operations of the activities described within this MOU. the FBI P00 is the
FACE Services Unit's management and its Management and Program


B. DFA Office of Driver Services Facial Recognition Section Section)
provides facial recognition background reviews on every DL and identi?cation
card issued in Arkansas. The FR Section also provides investigative support
to law enforcement when requested.

For the purposes of this MOU, the Arkansas DFA P00 is the Administrator of
the Of?ce of Driver Services. For certain day-to-dav operations of the
activities described by this MOU. the FACE Services Unit will contact the
Arkansas DFA Of?ce of Driver Services Administrator, Tonie Shields.

AUTHORITIES

1 {Hwa-Itl' ~43 

A.

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The FBI enters into this MOU pursuant to Title 28. United States Code (U.S.C.),
Sections 533 and 534; Titie 28, Code of Federal Regulations, 5 0.35. and 18
use. 2121.

. The State of Arkansas is authorized to share DL information with the FBI

pursuant to Title 18. U.S.G. Section 2721 
BACKGROUND INFORMATION

The FACE Services Unit provides a face recognition service in which authorized
FBI personnei submit a photo (probe) of a subject of interest in an active FBI
investigation. These probe photos are searched against databases authorized
for use by the FBI. which resuits in a photo gallery of potential matches
(candidates). The FACE Services Unit performs comparisons of candidate
photos against the probe photo to determine a candidate's value as an
investigative lead. If a most-likely candidate is found. it is provided to the
requesting personnel. This service does not provide positive identi?cation,
but rather. an investigative lead and analysis to support that lead.

Under the terms of this MOU, the AR DFA will search the FBlasubmitted probe to
the AR DFA FR database. and candidates produced as a resuit of the search will
be sent by the AR DFA to the FACE Services Unit. The number of candidates
provided to the FACE Services Unit is dependent upon the searching threshold
set by the AR DFA.

SPECIFIC asseonsreglries

A. The FBI will:

1. Submit probe photos via Law Enforcement Online 
e~maii to the AR DFA for the purpose of comparing the probe photos
with photos in AR DFA FR database. The LED is accredited and
approved by the FBI for Sensitive?but-Unclassitied law enforcement
information.

2. Manually analyze. compare. and evaluate the returned candidate
photo gailery against the probe photo to determine the existence of a
most-likely candidate.

3. Request additionai biographical information associated with each
photo determined to be a most-iikeiy candidate via a secure email
communication according to the requirements of AR DFA.

4. Submit the photo{s) of any most-likely. candidate{s) to be searched
against the FBI's Next Generation identi?cation Interstate Photo
System in order to locate any additional photos and associated arrest

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information relating to the most~lii<ely candidateis) andfor identify
additional potential candidates.

The results of this search will be compared and analyzed against the
original probe photois}. Once the analysis is complete. the most-likely
candidate photo(s). along with any associated information. will be
provided to the requesting FEil personnel as an investigative lead.

5. Store photo images and information associated with any most-likely
candidate(s) in the FBI case management system for record keeping
purposes.

5. immediately destroy all other photos and information not associated
with a most-likely candidate.

3. The AR DFA will:
1. Apply for a LED email account through the LEO Operations Unit.

Search FACE Services Unit-submitted probe photos against the AR
DFA FR database. AR DFA will process 6 probe photo requests per
week. Any additional requests will be addressed on a case by case
basis. The number of face recognition requests per week will be
reviewed periodically and adfusted as necessary to meet the needs of
both parties.

2. Return electronic photos and DUID card number of all candidates to
the FACE Services Unit via LEO e?mail in a timely and prompt manner.

3. Upon request. return additional biographical information associated
with each photo determined by the FACE Services Unit to be a most-
likely candidate.

4. Ensure that only authorized AR DFA personnel will handle requests
submitted by the FBI. Authorized AR DFA personnel refers to
personnel who are currently trained to perform FR queries against the
AR DFA FR database for law enforcement purposes. Names of these
predetermined personnel will be submitted to the FACE Services Unit
for the purpose of establishing and maintaining communications with
those AR DFA personnel.

VI. PROTECTION OF FBI INFORMATION

The probe photos submitted by the FACE Services Unit constitute federal information
on loan from the FBI that must be returned to the FBI upon request and which may only
be utilized with the FBI's express. written consent. Federal law governing access to
federal information supersedes con?icting state laws. These probe photos are exempt

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from disclosure under the Freedom of information Act. To further the protection of FBI
information:

VII.

A. The probe photo images and data received from the FACE Services Unit shalt
not be further disseminated or used. including electronic transmission by any
intemai or external AR DFA system. except as necessary to effectuate this
agreement.

B. No logs of requests shall be kept or notations made on an individuai?s
record or elsewhere regarding information provided to the 

C. The sharing andior dissemination of any information associated with the
FACE Services Unit's requests beyond authorized personnel is prohibited.

D. At! probe photo images and data submitted by the FACE Services Unit shall
be destroyed once the search has been completed and the response has
been sent to the FACE Services Unit via LEO.

E. Upon receipt of a request for FBI information provided under this MOU. AR
DFA wilt immediately notify the FACE Services Unit.

PRIVACY AND SECURITY

A. The information exchanged under this MOU may identify US. persons
whose information is protected by the Privacy Act of 19%. The FBI will
ensure that all such information is handled lawfulty pursuant to the
provisions thereof. The AR DFA will comply with its own state privacy laws.

B. For purposes of this MOU. Personally identi?able information (Pit) is
de?ned as information which can be used to distinguish or trace an
individual?s identity. including any personal information which is linked or
iinkabie to a speci?c individuai. Examples of PM are name. social security
number. date of birth. place of birth. citizenship, mother's maiden name.
face images. ?ngerprints, and other biometrics.

C. Each party that discloses Pil is responsible for making reasonable efforts to
ensure that the information disclosed is accurate. comptete. timeiy. and
relevant.

B. Each party will immediateiy report to the other party each instance in which
information received from the other party is used. disclosed. or accessed in
an unauthorized manner (including any information losses or breaches}.

E. All transmissions of probe photos submitted by the FACE Services Unit to

the AR DFA and responses returned to the FACE Services Unit will be
made through a e?mait connection.

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F. The AR DFA ensure user accounts and authorities granted to its
personnel are maintained in a current and secure ?need-to?know" status.

G. The FACE Services Unit will use the information provided by AR DFA only
for lawful and authorized purposes.

H. Each party shalt be responsible for the safeguarding of any equipment used
by it to access records under this MOU, and shat! limit access to authorized
users and to members within each chain of command who have been
properly instructed as to their duties and responsibilities underthis MOU, on
a need to know the information basis.

I. Each party shall implement procedures to ensure that such equipment is
located in a secure area and to prevent information, including any printed
copies of records. from being viewed by individuals not authorized to use
the equipment andior not authorized to have access to this information.

EFFECT OF THIS AGREEMENT

 

A. This MOU is not intended, and should not be construed, to create any right
or bene?t, substantive or procedural, enforceable by law or otherwise
against any of the parties. their parent agencies, the United States, or the
of?cers, empioyees, agents. or other associated personnel thereof. The
parties wili seek to resolve any disputes regarding this MOU by mutual
consultation.

B. This MOU is not an obligation or commitment of funds, nor a basis for
transfer of funds, but rather is a basic statement of the understanding
between the parties of the matters described herein. Unless otherwise
agreed in writing, each party shall bear its own costs in relation to this MOU.
Expenditures by each party will be subject to its budgetary processes and to
the availability of funds and resources pursuant to applicable laws,
regufations. and policies. The parties expressly acknowledge that the
language in this MOU in no way implies that funds will be made avaifable for
such expenditures.

(3. This MOU does not constitute an agreement for any party to assume or
waive any or ciaim under any applicable law.

D. This MOU does not change or limit any legal discovery obligations that
othenvise apply in any particular case.

E. Each party is responsible for ensuring that information it discloses was not
knowingly obtained or maintained in vioiation of any law or policy applicable
to the disciosing party. and that information is only made available to the
receiving party as may be permitted by law. regulation, policy, or procedure
applicable to the disciosing party.

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F. Each party will provide appropriate training regarding the responsibilities
under this MDU to individuals whose responsibilities are covered by the
provisions of this MOU.

IX. EFFECTIVE DATE, AND TERMINATION

A. This agreement shat! be effective when executed by all of the parties and
wiil continue in effect until terminated. This agreement may be modi?ed at
anytime by written consent of all parties,

3. This MGU may be terminated. with respect to any party, at any time upon
written notice of withdrawal to all other parties, Any party desiring to
withdraw from this MOU will endeavor to provide such written noti?cation to
all parties at least thirty (30} days prior to withdrawal. This MOU will be
reviewed annually to ensure that the terms remain current, complete, and
relevant.

C. This MOU, in nine distinct sections, is the exclusive statement of the parties
with respect to its subject matter and supersedes any and all prior
agreement. negotiations, representations, andior proposals, written or
verbal, retating to its subject matter.

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 1.1..WMMUA i- N3. wk}; . I lei-.II-lI-f-h? u: -- -. 1 $1329..? 

FOR THE FEDERAL BUREAU OF INVESTIGATION

&m 433%?

-. Douglas E. LinctouistJr Date
5 Assistant Director

Criminal Justice Information

Services Division

FOR THE ARKANSAS DEPARTMENT OF FINANCE AND ADMINISTRATION

1/4/22: 

Wetter Anger 0
Commissioner of Revenue
The Arkansas Department of Finance and Administration

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Marla McHughes

From: Sprouse, Douglas B. (CJIS) (FBI) <dbsorouse@fbi.gov>
Sent: Thursday, May 23, 2019 9:49 AM

To: Marla McHughes

Subject: RE: Arkansas Driver License Oaths

Thank you so much for researching that topic for me.

3051:9544 
FBI Division
FACE Services Unit
304.625.2111


From: Marla McHughes 
Sent: Thursdav, May 23, 2019 10:47 AM

To: Sprouse, Douglas B. (le5} 
Subject: FW: Arkansas Driver License Oaths

Good Morning,

After reviewing the oaths in Arkansas, there is nothing telling the citizen that their photo will or will not he shared with
law enforcement for the purposes of an investigation.

Thanks,

Marla McHughes, Interim Administrator
Arkansas Office of Driver Services

1900 West 7m Street Room 2067

Little Rock, AR 72201

501-682-?061

rka nsasgov

Marla McHughes

From: Sprouse, Douglas B. (CJIS) (FBI) 
Sent: Friday, July 12. 2019 9:25 AM .

To: Marla McHughes

Subject: FBI Facial Recognition

 

This message originated outside DFA. Please use properjudgrnent and caution when opening attachments, clicking -
links, or responding to this email. .. 

 

 

Maria,

I am following up on a letter that was recently sent to you by the FBI CJIS Division Assistant Director. Congress has
recommended that the FBI learn more about its partners? systems, so a questionnaire was created that contains
approximately 10 questions. Should you have any questions or would like to discuss the contents of the letter, please
feel to contact me at your convenience.

The FBI FACE Services Unit looks forward to a continued productive facial recognition relationship with you.

Sincerely,

23mm 3. SW
CJJS Division
FACE Services Unit
304.625.2111


July 20, 2019
Arkansas Facial Recognition Algorithm Questions and Answers:

1) What facial recognition algorithm do you currently use within your system algorithm vendor
and version number)? 

Vendor is Identity and Security North America Solution is Biometric Identification (BI) 4.10 with
algorithm

 

2) Is your facial recognition system configured to always return a candidate list ofa fixed (or specified}
size or does it return candidates over a given match score threshold.
The system deployed returns candidates with similarity values over a specific threshold.

3) Was the algorithm tested to verify it met de?ned system performance requirements before your
purchase National Institute of Science and Technology Facial Recognition Vendor Test, or your
organization?s internal regression tests)? If so, please provide your defined system performance
requirements false negative identi?cation rate, false positive identi?cation rate, true positive
identification rate, etc.) as it applies to your system configuration.

participates each year in FRVT tests. Our algorithms consistently perform in the top levels
of results in these tests and speci?c performance data from the most recent test can be obtained at
Reports for previous years are also available
on the NIST website.

IDEMIA also performs extensive regression tests on each new version of our algorithm to confirm

accuracy and speed improvements

4) If the system was tested prior to purchase, what were the results of the test in comparison to your
established system performance requirements?

The system performed up to the expectations of the Department. Our current system performs in the
top levels each year in FRVT test.

5) Was your algorithm procured with a federal grant? No

Organizational Questions:

1) When did your organization first implement automated facial recognition technology? 2007

2) Have all your staff who perform facial recognition comparison completed facial recognition
training?

a. If so, what training did they take?
Employees were trained by IDEMIA our current vendor for the current system.

b. Is this training based on Facial Identi?cation Scientific Working Group standards?
I am unsure if the IDEMIA training was based on the FISWG standards.

c. Did in-house staff, a vendor of the FBI perform the training? Vendor

d. Was the training Specifically intended to increase accuracy of candidates found? Yes

3)

4)
5)

How does your organization measure successes resulting from facial recognition searches
performed against your DMV repository fraud detection, support of criminal investigations,
etc.)?

Success is measured by the Facial Recognition Analysists that discover people who are trying to
commit identity theft by getting credentials in someone else?s name whether it is by having their
photo on someone?s record that isn?t theirs or they have more than one record in our system under
more than one name. Besides fraud, Facial Recognition Analysists look for errors on individuals
records and correct them.

Would you share statistics on your facial recognition use? No

Has your use of automated facial recognition technology in criminal fraud cases let to
prosecution? If so, How many?

Yes. There has been at least one who has been prosecuted and at least two more open cases with
two different law enforcement agencies.