As our review of Coded Bias demonstrates, concerns over facial recognition are mounting. In this blog, I’ll outline current efforts of facial recognition regulation while also point you to resources. While this post focus on the United States, this topic has global relevance. If you know of efforts in your region, drop us a note. Informed and engaged citizens are the best weapons to curb FR abuse.
National Level Efforts to Curb Public Use
Bipartisan consensus is emerging on the need to curb big tech power. However, there are many differences in how to address it. The most relevant piece of legislation moving through Congress is the Facial Recognition and Biometric Technology Moratorium Act. If approved, this bill would:
- Ban the use of facial recognition technology by federal entities, which can only be lifted with an act of Congress
- Condition federal grant funding to state and local entities moratoria on the use of facial recognition and biometric technology
- Stop the use of federal dollars for biometric surveillance systems
- Stop the use of biometric data in violation of the Act from any judicial proceedings
- Empower individuals whose biometric data is used in violation of the Act and allow for enforcement by state Attorneys General
Beyond the issues outlined above, it would allow states and localities to enact their own laws regarding the use of facial recognition and biometric technologies.
What about Private Use?
A glaring omission from the bill above is that it does nothing to curb private companies use of facial recognition. While stopping police and judicial use of FR is a step in the right direction, the biggest users of this technology is not the government.
On that front, other bills have emerged but have not gone far. One of them is National Biometric Information Privacy Act of 2020, cosponsored by Senadors Jeff Merkley (D-Ore.) and Bernie Sanders (I-Vt.). This law would make it illegal for corporations to use facial recognition to identify people without their consent. Moreover, they would have to prove they are using it for a “valid business purpose”. It models after a recent Illinois law that spurred lawsuits against companies like Facebook and Clearview.
Another promising effort is Republican Senator Jerry Moran Consumer Data Privacy and Security Act of 2021. This bill seeks to establish comprehensive regulation on data privacy that would include facial recognition. In short, the bill would create a federal standard for how companies use personal data and allow consumers to have more control over what is done with their data. On the other side of the aisle, Senator Gillibrand introduced a bill that would create a federal agency to regulate data use in the nation.
Cities have also entered the battle to regulate facial recognition. In 2020, the city of Portland passed a sweeping ban on FR that includes not only public use but also business use in places of “public accommodation”. On the other hand, the state of Washington passed a landmark law that curbs but still allows for the use of the technology. Not surprisingly, the efforts gained support from Seattle’s corporate giants Amazon and Microsoft. Whether that’s a good or bad sign, I’ll let you decide.
What can you do?
What is the best approach? There is no consensus on how to tackle this problem but leaving for the market to decide is certainly not a viable option. While consent is key, there are differences on whether the use is of FR is legitimate. For some, an outright ban is the best option. Others believe it should be highly regulated but still applied to areas like policing. In fact, a majority of Americans are in favor of law enforcement’s use of FR.
The first step is informed engagement. I encourage you to reach out to your Senator and Representative and express your concern over Facial Recognition. In these days, even getting FR regulation in legislator’s radar is a step on the right direction.
Look out for local efforts in your area that are addressing this issue. If none are present, maybe it is your opportunity to be a catalyst for action. While least covered by the media, local laws are often the ones that most impact our lives. Is your police department using FR? If so, what safeguards do they have to avoid racial and gender bias?
Finally, discuss the issue with friends, family and your social network. One good step is sharing this blog (shameless plug 🙂 ) with others in social media. You can do that using the buttons below. Regardless of where you stand on this issue, it is imperative we widen the conversation on facial recognition regulation.
