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EFF Report: Law Enforcement Use of Face Recognition Threatens Civil Liberties, Disproportionately Affects People of Color


From: "Dave Farber" <farber () gmail com>
Date: Thu, 15 Feb 2018 12:49:25 -0500



https://supporters.eff.org/civicrm/mailing/view?reset=1&id=2700 
<https://supporters.eff.org/civicrm/mailing/view?reset=1&id=2700>

for immediate release: thursday, february 15, 2018

Face recognition is rapidly creeping into modern life, and face recognition systems will one day be capable of 
capturing the faces of people, often without their knowledge, walking down the street, entering stores, standing in 
line at the airport, attending sporting events, driving their cars, and utilizing public spaces. Researchers at 
Georgetown Law School estimated  <https://www.perpetuallineup.org/>that one in every two American adults—117 million 
people—are already in law enforcement face recognition systems.

This kind of surveillance will have a chilling effect on Americans’ willingness to exercise their rights to speak out 
and be politically engaged, the report says. Law enforcement has already used face recognition at political protests, 
and may soon use face recognition with body-worn cameras, to identify people in the dark, and to project what someone 
might look like from a police sketch or even a small sample of DNA.

Face recognition employs computer algorithms to pick out details about a person’s face from a photo or video to form 
a template. As the report explains, police use face recognition to identify unknown suspects by comparing their 
photos to images stored in databases and to scan public spaces to try to find specific pre-identified targets.

But no face recognition system is 100 percent accurate, and false positives—when a person’s face is incorrectly 
matched to a template image—are common. Research  
<http://ieeexplore.ieee.org/document/6327355/?reload=true&tp=&arnumber=6327355&url=http:%2F>shows that face 
recognition misidentifies African Americans and ethnic minorities, young people, and women at higher rights that 
whites, older people, and men, respectively. And because of well-documented racially-biased police practices, all 
criminal databases—including mugshot databases—include a disproportionate number of African-Americans, Latinos, and 
immigrants.

For both reasons, inaccuracies in facial recognition systems will disproportionately affect people of color.

“The FBI, which has access to at least 400 million images and is the central source for facial recognition 
identification for federal, state, and local law enforcement agencies, has failed to address the problem of false 
positives and inaccurate results,” said EFF Senior Staff Attorney Jennifer Lynch, author of the report. “It has 
conducted few tests to ensure accuracy and has done nothing to ensure its external partners—federal and state 
agencies—are not using face recognition in ways that allow innocent people to be identified as criminal suspects.”

Lawmakers, regulators, and policy makers should take steps now to limit face recognition collection and subject it to 
independent oversight, the report says. Legislation is needed to place meaningful checks on government use of face 
recognition, including rules limiting retention and sharing, requiring notification when face prints are collected, 
ensuring robust security procedures to prevent data breaches, and establishing legal processes governing when law 
enforcement may collect face images from the public without their knowledge, the report concludes.

“People should not have to worry that they may be falsely accused of a crime because an algorithm mistakenly matched 
their photo to a suspect. They shouldn’t have to worry that their data will end up in the hands of identify thieves 
because face recognition databases were breached. They shouldn’t have to fear that their every move will be tracked 
if face recognition is linked to the networks of surveillance cameras that blanket many cities,” said Lynch. “Without 
meaningful legal protections, this is where we may be headed.”

For the report:
https://www.eff.org/wp/law-enforcement-use-face-recognition 
<https://www.eff.org/wp/law-enforcement-use-face-recognition>
For this release:
https://www.eff.org/press/releases/law-enforcement-use-face-recognition-systems-threatens-civil-liberties 
<https://www.eff.org/press/releases/law-enforcement-use-face-recognition-systems-threatens-civil-liberties>
For more on face recognition:
https://www.eff.org/document/facial-recognition-one-pager <https://www.eff.org/document/facial-recognition-one-pager>


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