The program stems from legislation passed in the wake of the 9/11 attacks requiring biometric identity checks for anyone entering or exiting the US. Recently, concerns have been raised about, , a company that scrapes images from Facebook, Twitter, YouTube, and other social media sites without any notification to users and incorporates them into a facial recognition database that has been sold to, Another concern surrounding facial recognition technology is its accuracy. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and power to find anyone who shows up in a video or snap. Many from both the left and the right sides of the aisle see its unregulated use as an intrusion into the privacy of the individual. May 14, 2019 SAN FRANCISCO San Francisco, long at the heart of the technology revolution, took a stand against potential abuse on Tuesday by banning the use of facial recognition software by. Moore says Pangiam offers its technology to federal law enforcement but not to state and local departments, and that he supports regulating law enforcement use of face recognition. In New Jersey, lawmakers introduced legislation that would require law enforcement agencies to hold public hearings prior to using facial recognition technology (, ), require the state attorney general to test facial recognition systems (, ), and to restrict the use of facial recognition technology by government entities without safeguards such as standards for the use and management of information derived from the facial recognition system, audits to ensure accuracy, implementing protections for due process and privacy, and compliance measure (, Maryland lawmakers have introduced legislation that would prohibit state and local government units from using facial recognition software (, ) and require businesses to provide notice when facial recognition is being used and to generally require consent from an individual before their facial image can be included in a database (, Lawmakers in Illinois have introduced legislation that would amend the Illinois Identification Card Act to prohibit providing facial recognition search services on photographs used for drivers licenses and identification cards to any federal, state, or local law enforcement agency (. Additional concerns include mass government surveillance, inaccuracies, inherent cultural biases, and a lack of consent. {{currentYear}} American Bar Association, all rights reserved. Ad Choices, Facial Recognition Laws Are (Literally) All Over the Map. The company's founders promised good vibes and greener cities. (Source of information: https://www.banfacialrecognition.com/map/) But uses of this technology go beyond unlocking smartphones. Ting also authored a 2019 bill that banned facial recognition's use on footage gathered by police body-worn cameras. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Cond Nast. Non-web firms have also been sued under BIPA. A 2020 Maryland law prohibits employers from using facial recognition during interviews without a signed consent. The states are taking facial recognition regulation into their own hands while the federal government is at a standstill on passing privacy laws curbing the use of this powerful new software tool. These bills signal a desire among state lawmakers to limit facial recognition technology until its implications are better understood. All rights reserved. Existing bans of public-sector use that are based on its present, inaccurate, and discriminatory implementations likely won't be sustainable long-term as the technology improves. All rights reserved. This is not a new idea: As Supreme Court Justice Louis Brandeis wrote in 1932, a "state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country." Parker, the lobbyist, called the law "the first in the nation to require the accuracy of facial recognition technology used by law enforcement to be evaluated by the U.S government" and "the nations most stringent set of rules for its use.". In a recent revelation, the United States Federal government released a report that confirmed discrimination issues in its facial recognition algorithms. Inside the Secretive Life-Extension Clinic, The 13 Best Electric Bikes for Every Kind of Ride, Power Up Anywhere With Our Favorite Portable Chargers, Its Time to Stop Arresting People for Trolling the Government. When Social Media Presents Only an Unlivable Life. In West Lafayette, officials have twice failed to enact a ban on facial recognition over the past six months, citing its value in investigations. The same year, Massachusetts passed the Facial and Other Remote Biometric Recognition legislation limiting state law enforcements use of facial recognition. While this error rate is relatively small, about 5 percent, such misidentification could have severe consequences for misidentified individuals if used in a real-world setting. In 1890, a young Boston lawyer, Louis Brandeis, co-wrote a Harvard Review article asserting that privacy was a fundamental right even if not listed as a right in the US Constitution. "Police departments are exploiting people's fears about that crime to amass more power," Jones said. Its system usually worked effectively for the faces of middle-aged white males but poorly for people of color, the elderly, women, and children. Given that facial recognition technology is being used to identify suspects in a crime and to ban people from stores it is extremely important that facial recognition technology is able to accurately identify people. See where dangerous facial recognition is being used, and learn what you can do about it. The agency did not respond to requests to provide details about the testing. Maryland lawmakers have introduced legislation that would prohibit state and local government units from using facial recognition software (MD SB 857) and require businesses to provide notice when facial recognition is being used and to generally require consent from an individual before their facial image can be included in a database (MD SB 476). Updated, 1-3-21, 8pm ET: An earlier version of this article incorrectly said Pangiam does not offer its technology to law enforcement. This technology is making us less safe. Getting Consent. Even Vermont, the last state left with a near-100% ban against police facial-recognition use, chipped away at its law last year to allow for investigating child sex crimes. However, it is not an unconditional ban since it includes an . CUBI imposes a penalty of not more than $25,000 for each violation. A survey by the Pew Research Center found that most employees expect hiring, firing, and workplace assessment to be transformed by algorithms. Multiple studies have indicated that facial recognition technologies powered by artificial intelligence have the potential of racial bias and false negatives. "Technology is needed to solve these crimes and to hold individuals accountable," police Superintendent Shaun Ferguson told reporters as he called on the city council to repeal a ban that went into effect last year. Homicide reports in New Orleans rose 67% over the last two years compared with the pair before, and police say they need every possible tool. We're not China, or at least not yet. From 2019 through 2021, about two dozen U.S. state or local governments passed laws restricting facial recognition. software after the January 6th Insurrection by accurately identifying hundreds of perpetrators within days. We need to ban all facial recognition, because the harms of this technology far outweigh any benefits, she says. In October, California Gov. Check out our favorite. This situation is crying out for policy development: Government needs to act to determine where the lines of appropriate use should be drawn. In October, California joined New Hampshire and Oregon in prohibiting law enforcement from using facial recognition and other biometric tracking technology in body cameras. WIRED may earn a portion of sales from products that are purchased through our site as part of our Affiliate Partnerships with retailers. Nearly all the measures would have banned or severely limited the use of facial recognition by state and local government entities, without restricting private-sector use. In 2019, the airline used face recognition during boarding for 86 percent of its international departures from Atlanta; the proportion fell during the pandemic due to modified boarding processes, but is now at more than 60 percent of international flights and rising. Photograph: Diane Bentley Raymond/Getty Images, inaccurate, and discriminatory implementations, Want the best tools to get healthy? /content/aba-cms-dotorg/en/groups/business_law/resources/business-law-today/2022-may/facial-recognition-a-new-trend-in-state-regulation. New York passed a 2021 law prohibiting facial recognition in schools. Retailers have used facial recognition to. That's a good thing. The expansion of facial recognition technology (FRT) has become a prominent global issue. Law enforcement showed the world the effectiveness of the cameras and biometric A.I. Criminal defamation charges for criticizing officials on social media can result in fines and even jail time in some US states. In 2009, Texas passed the Capture or Use of Biometric Identifier Act, or CUBI. BMW and others have been criticized for charging monthly fees for features in new cars like heated seats. Former Virginia Delegate Lashrecse Aird, who spearheaded last year's law, said companies this year wanted a model to defeat bans across the country. Most significantly, it gives a person a right of action against an offending party. Damages are set per violation: $1,000 if caused by negligence and $5,000 if intentional. min read. She points to Facebooks decision to shut its tagging system, the spread of local bans, and legislation introduced to both houses of Congress this year by a group of Democratic lawmakers and Senator Bernie Sanders (I-Vermont) that would ban use of face recognition by federal agencies. In 2019, California became the. Virginia approved its ban through a process that limited input from facial recognition developers. In New Jersey, 228 wrongful arrests were reportedly made using (non-real time) facial recognition between January 2019 and April 2021. Also, by prohibiting just local law-enforcement agencies, the law allowed other Virginia law enforcement agencies to use the technology. In November, voters in Bellingham, Washington, passed a ballot measure banning government use of face recognition technology. The agency hasn't studied the performance of facial . The new law prohibits government use of facial recognition except in specifically outlined situations, with the most broad exception being if police have probable cause that an unidentified. Today as when Justice Brandeis opined on the topic 94 years ago, we are still balancing our right of privacy from the law enforcement with our fear of crime and the need to allow law enforcement to freely act. The facial recognition industry generated $3.8 billion in revenue in 2020 alone. Versions of Washington's law have since been introduced in several states including California, Maryland, South Dakota and Idaho. In 2019, California became the third state to ban the use of facial recognition technology to analyze images captured by police body cameras. See here for a complete list of exchanges and delays. According to Kevin Freiburger , Director of Identity Programs at identity verification solutions provider Valid, facial recognition can and has proven successful at preventing fraud and identity . Other states have also passed statutes limiting companies biometric use, but none with the teeth of a private right of action like Illinoiss BIPA. This is how they might do itand provide a blueprint for other cities. Build the strongest argument relying on authoritative content, attorney-editor expertise, and industry defining technology. It's time to renew your membership and keep access to free CLE, valuable publications and more. Massachusetts lawmakers passed one of the first state-wide restrictions of facial recognition as part of a sweeping police reform law. 2023 Cond Nast. The spread of such bans has inspired hope from campaigners and policy experts of a turn against an artificial intelligence technology that can lead to invasions of privacy or even wrongful arrest. Barlow Keener, Senior Division Counsel, is a member of Womble Bond Dickinsons GCSolutions and Communications, Technology & Media teams, where he brings more than 20 years of regulatory, transactional, and corporate law American Bar Association Gaining new police business is ever more important for Clearview, which this week settled a privacy lawsuit over images it collected from social media by agreeing not to sell its flagship system to the U.S. private sector. The case involved law enforcement wiretapping a new device located on the sidewalk: the public telephone. That leaves the issues to be worked out in different ways in different places, as a patchwork of local laws. In other words, were headed for a major clash. New York lawmakers are also considering legislation (NY SB 6623/NY AB 8042) that would establish a task force to study privacy concerns and regulatory approaches to the development of facial recognition technology. Last year, San Francisco became the first city to completely ban local government agencies, including law enforcement, use of facial recognition. According to the Allied Market Research data firm, the facial recognition industry, which was valued at $3.8 billion in 2020, will have grown to $16.7 billion by 2030. Illinois led the way in this legislative trend by limiting private firms ability to collect biometric data without consent. Since 2018, Delta has worked with CBP to offer international passengers flying from Atlanta the option of checking in and going through security using face recognition instead of conventional documents. CBP first deployed the technology in 2016 in partnership with Delta Air Lines at Hartsfield-Jackson Airport in Atlanta to check the identity of people boarding international flights. Misuse can lead to a misdemeanor. One black American spent 11 days in jail after being wrongly . But its on phones and is increasingly used in airports and in banks. More than 35 organizations have called for ban on facial recognition in retail stores, including Apple, Lowe's, Albertsons, and Macy's. The non-profit Fight for the Future's website tracks . [1/3]A facial recognition camera is shown pointed at the entrance of a Rite Aid store in downtown Los Angeles, California, U.S., October 16, 2019. San Francisco Bay Area-based tech reporter covering Google and the rest of Alphabet Inc. Shifting sentiment could bring its members, including Clearview AI, Idemia and Motorola Solutions (MSI.N), a greater share of the $124 billion that state and local governments spend on policing annually. In addition to the states highlighted below, Virginia, New Hampshire, Hawaii, Missouri, Indiana, Massachusetts, and South Dakota are also considering facial recognition bills. The McDonald case involved a nursing home collecting employees fingerprints without their consent, and the court found that the BIPA claims for statutory damages were not barred by the exclusivity provisions of the Illinois Workers Compensation Act. In Washington, lawmakers are considering a ban on facial recognition technology until 2023 while a task force reviews existing research, documents potential threats, and provides recommendations for appropriate regulations (WA HB 2856). States and localities led the way in making electricity a publicly governed utility. It is the essential source of information and ideas that make sense of a world in constant transformation. King County is the home of Seattle, Wash., has a population of 2.3 million, and is the 12 th largest county in the U.S. In 2021, Virginia enacted the Facial recognition technology; authorization of use by local law-enforcement agencies legislation (HB 2031) prohibiting local law enforcement and campus police from purchasing or deploying facial recognition. Washington lawmakers have also introduced a bill that would prohibit police officers from using the results from a facial recognition system as the sole basis for establishing probable cause in criminal investigations and requires that facial recognition system results be used in conjunction with other evidence to establish probable cause (WA HB 1654/WA SB 5528). State representative Dave Rogers, a Democrat who helped to craft the state's facial. State of Facial Recognition across the world- . California passed a new law that banned law enforcement from using facial recognition in their body cameras but not in other police surveillance cameras. "There is growing interest in policy approaches that address concerns about the technology while ensuring it is used in a bounded, accurate and nondiscriminatory way that benefits communities," said Jake Parker, senior director of government relations at the lobbying group Security Industry Association. Virginia barred real-time surveillance, and face matches cannot serve as probable cause in warrant applications. In October 2020, Vermont passed the Moratorium on Facial Recognition Technology, prohibiting law enforcement from using facial recognition. In 2016, New Hampshire strengthened its laws on facial recognition by, a bill similar to Oregons that also prohibited police from using facial recognition to analyze images captured from body cameras. A team evaluated the 100 most populated countries to compare their use of FRT. At the same time, completely unfettered use of private biometric systems seems incompatible with American values. became the first city to completely ban local government agencies, including law enforcement, use of facial recognition. However, Maines law applied to all government employees, not just law enforcement. On June 1, 2021, King County in Washington state passed a measure prohibiting the county's departments from using facial recognition technology. Several U.S. cities and states have banned facial recognition for use by law enforcement. Yet a few months earlier and about 100 miles from Bellingham, the commission that runs Seattle-Tacoma International Airport passed its own face recognition restrictions that leave airlines free to use the technology for functions like bag drop and check in, although it promised to provide some oversight and barred the technologys use by port police. Police departments, schools, retailers, and airlines are using facial recognition to do everything from ensuring student attendance to identifying criminal suspects. These local bans are necessary to protect residents from harms that are inseparable from municipal use of this dangerous technology. Home Pregnancy Tests Could Now Put Women in Danger, The technology made it possible to detect pregnancy early. The Biden administration widened. In 2008, the state passed the Biometric Information Privacy Act, or BIPA. The potential benefits of facial recognition, and biometric data generally, are just too great for governments and corporations to pass up. Business Regulation & Regulated Industries, 9 Similarly, as I described earlier this year in my book, Fiber: The Coming Tech Revolutionand Why America Might Miss It, hundreds of cities and localities across the country have taken their destinies into their own hands by calling for the construction of fiber-optic internet access networks. The Air Force also uses Pangiams technology to speed identity checks at base entrances, and the cryptocurrency exchange Everest uses it sign up new customers. In 2014, New Hampshire became the first state to, on facial recognition technology by prohibiting the department of motor vehicles from using any facial recognition technology in connection with taking or retaining photographs and digital images. . The sanction adds the facial recognition company SenseTime to a list of 59 Chinese companies in which U.S. citizens and entities are prohibited from investing. Lawmakers in Illinois have introduced legislation that would amend the Illinois Identification Card Act to prohibit providing facial recognition search services on photographs used for drivers licenses and identification cards to any federal, state, or local law enforcement agency (IL HB 4525 and IL SB 2269). This interactive map shows where facial recognition surveillance is happening, where it's spreading next, and where there are local and state efforts to rein it in. These might include: sharply constraining real-time use (as opposed to forensic or investigative use with a warrant in the criminal justice system) of biometrics for any purpose; permitting easy opt-outs from the use of biometric data for commercial purposes; greatly limiting the retention of all biometric data; requiring continued, intrusive auditing of (and public reporting about) the use of biometric data by both companies and government; swiftly punishing misuse of this data; and prohibiting biometric use in particular contexts that are prone to discriminatory activities, such as selecting people for particular jobs, insuring them, or admitting them to educational programs. The new laws generally attempt to limit private firms from using facial recognition without opt-in consent, or to limit law enforcements use of biometric identification tools. Shortly thereafter, in June 2021, TikTok changed its privacy policy to state that TikTok may collect biometric identifiers including faceprints and voiceprints. Plaintiffs filed a class action suit against Snapchat in 2020 for violations of BIPA. The current state of rules for use of facial recognition technology is literally all over the map. Cities across the United States, large and small, have stood up to this invasive technology by passing local ordinances banning its use. Facial recognition technology is used or has been approved for use in two dozen U.S. airports, and is in use by more than 30 state and local police departments. (A proposed bipartisan bill to constrain the use of the technology by federal law enforcement officers would address just a sliver of the issues raised by the use of biometric identifiers.) California in 2019 banned police from using facial recognition on mobile devices such as body-worn cameras. The WIRED conversation illuminates how technology is changing every aspect of our livesfrom culture to business, science to design. Amnesty International today launches a global campaign to ban the use of facial recognition systems, a form of mass surveillance that amplifies racist policing and threatens the right to protest. But ongoing research by the federal government's National Institute of Standards and Technology (NIST) has shown significant industrywide progress in accuracy. LinkedIn Will Finally Offer Ways to Verify Your Job. , 21 states and the District of Columbia allow federal agencies, such as the FBI, to access databases containing drivers license and identification card pictures. The more places people see it, the more comfortable people feel, she says. The countrys digital minister, Mykhailo Fedorov, says software has been crucial to the war effort and that smarter drones will boost Ukraine's defenses. Since January, San Francisco, Oakland, and two Boston area suburbs have banned municipal use of facial recognition technologies. A group of lawmakers have proposed legislation that would impose a federal moratorium on the use of facial recognition technology by law enforcement, the first effort to temporarily ban the . Tech critics said the standard is well-intentioned but imperfect and that warrants should be required for facial recognition use. The private right of action is one of the most controversial aspects of various privacy laws being proposed around the country. Last year. As a result, ACLU has faced resistance from law enforcement to make the ban permanent. On Monday, New York State senator Brad Hoylman introduced a bill that would stop law enforcement use of facial-recognition technology in New York State. Incode, an identity verification startup based in San Francisco, says its face recognition checked more than 140 million identities in 2021, roughly four times as many as in the previous three years combined.

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