A Senate bill introduced Thursday would require federal agents to get a judge's approval before using facial recognition to conduct surveillance.
"It's an OK step," said Andrew Ferguson, a law professor at the University of the District of Columbia who has pressed lawmakers to regulate police use of facial recognition."It addresses a problem that is not a problem yet, but it omits the problem that is currently in practice right now."
Facial recognition, which is driven by artificial intelligence, allows officers to compare images of people’s faces to photos in government databases — mugshots, jail booking records, driver’s licenses. Its use on still images has been embraced by dozens of police agencies, with officers using it to solve routine crimes and to quickly identify people they see as suspicious.
Critics warn that the technology could fuel an expansive surveillance state. Researchers have found that algorithms behind some of the facial recognition systems incorrectly identify women and people with dark skin more frequently than white men.without license-holders' consent.There are few laws or regulations governing how police use facial recognition or how much about it they must reveal to the public. Authorities in some cities have tried to keep it a secret.
Ferguson said he'd like to see the bill expanded to include facial recognition on still images. Requiring a warrant for that common policing practice would do more to address concerns about the technology's accuracy ─ and secrecy over its use, Ferguson said. Police would have to explain to a judge why they need it, creating a public record and preventing"arbitrary and baseless searches," he said.
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