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. A 2019 report by the National Institute for Standards and Technology said the majority of commercial algorithms tested showed unequal performance on different demographics, but also that any differences were minimal or undetectable for some of the most accurate and widely used algorithms. States arent rushing to boot up replacements. In 2019, San Francisco became the first jurisdiction to ban municipal use of facial recognition. 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. Now the tactic is coming to used cars. However, the technology to make facial recognition accurate and fast has only been achieved in the last two decades with improvements in computer vision algorithms, faster processers, ubiquitous broadband, and inexpensive cameras. Several cities in the United States have banned the use of facial recognition systems, and there is a growing protest around the world. The facial recognition industry generated $3.8 billion in revenue in 2020 alone. Though the recent studies have eased lawmakers' reservations, debate is ongoing. For facial recognition technology to identify people there must be an existing image of an individual that will accurately identify the person. Residents of Charleston, South Carolina could be forced to leave their homes. Another concern surrounding facial recognition technology is its accuracy. Several states and municipalities are seeking to protect persons from abuse of biometrics by private companies and by law enforcement. One black American spent 11 days in jail after being wrongly . However, facial recognitions use in school has been met with mixed reactions from parents. This technique, commonly called voiceprint identification, lets surveillance equipment instantly turn our words into searchable text as we walk down the street. San Francisco, Oakland, Calfornia, and Somerville, Massachusetts, already have banned the use of facial recognition technology by city agencies; Seattles police stopped using it last year; and Detroit has said facial recognition can be used only in connection with investigation of violent crimes and home invasions (and not in real time). 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." the Capital Gazette shooter after police were unable to identify the shooter using his fingerprints. When Social Media Presents Only an Unlivable Life. These local bans are necessary to protect residents from harms that are inseparable from municipal use of this dangerous technology. "Addressing discriminatory policing by double-checking the algorithm is a bit like trying to solve police brutality by checking the gun isn't racist: strictly speaking it's better than the alternative, but the real problem is the person holding it," said Os Keyes, an Ada Lovelace Fellow at University of Washington. The project was called Diversity of Faces. The IBM training database was then used by Microsoft and Amazon to improve their facial recognition systems. Ad Choices, Facial Recognition Laws Are (Literally) All Over the Map. Virginia approved its ban through a process that limited input from facial recognition developers. Ukraines Quest for Homegrown AI Drones to Take On Russia. With a private right of action, plaintiffs attorneys are enforcing the privacy law by constantly seeking out potential defendants who are allegedly violating the law. States and localities led the way in making electricity a publicly governed utility. of travelers leaving and exiting the country and compares the image to photos that are already on file, such as passport photos. The breakthroughs and innovations that we uncover lead to new ways of thinking, new connections, and new industries. 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. In doing so, New Jersey and New York are . State and local policymakers are beginning to study current and future uses of facial recognition technology and make decisions to restrict or ban its use. The case involved law enforcement wiretapping a new device located on the sidewalk: the public telephone. It included a three-year moratorium that expired Jan. 1. The agency hasn't studied the performance of facial . The airline built the new system in collaboration with the Transportation Security Administration, CBP, and travel security company Pangiam, and it plans to roll it out at other airports, starting with Detroit. The bill attempts to provide an alternative to the frameworks that have been considered so far: it is neither a ban on the use of facial recognition nor does it allow for its unchecked use by local and . Similar bills were introduced in 2020 but did not proceed to a vote. Eight cities in California and Massachusetts have banned government use of facial recognition altogether, while Portland, Oregon, is considering going further by banning both public- and private-sector use of the technology. . Reuters provides business, financial, national and international news to professionals via desktop terminals, the world's media organizations, industry events and directly to consumers. The easy gratification of little viral lies is costing us more than it's worth. Ten national organizations last week told councilmembers to strengthen, not repeal, its ban, citing the risk of wrongful arrests based on faulty identifications. However, recently facial recognition was tested using images of the 535 members of congress and. Oregon followed shortly thereafter in 2015 by prohibiting police departments throughout the state from using facial recognition technology to analyze recordings obtained through police body cameras. read more. Retailers have used facial recognition to. Next month, the city council in Portland, Oregon will hold a public meeting about blocking use of the technology by private companies, as well as by the government. Massachusetts lawmakers passed one of the first state-wide restrictions of facial recognition as part of a sweeping police reform law. This year, company lobbyists came prepared to advance legislation that better balanced individual liberties with police investigation needs, said State Senator Scott Surovell. That approachof using local laws as laboratory trialsworked when it came to spreading the power grid across the country. California in 2019 banned police from using facial recognition on mobile devices such as body-worn cameras. software after the January 6th Insurrection by accurately identifying hundreds of perpetrators within days. The law expires on January 1, 2023. 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. 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. Facial recognition technology can potentially come in handy after a natural disaster. This is not likely to happen on the federal level, though, anytime soon: Even as pressure from activists builds, Congress has so far been unable to pass even a basic federal online privacy law; this months House Oversight Committee hearing on facial recognition has just been punted to next year. Non-web firms have also been sued under BIPA. Similarly, Oregon limited law enforcement from using facial recognition on body cameras. State and local policymakers are beginning to study current and future uses of facial recognition technology and make decisions to restrict or ban its use. Also, the implementation of a private right of action by Illinois has produced results in terms of keeping companies in line with regard to privacy rights. All of these places can do the hard work of figuring out where use of facial recognition and other biometric data by either private companies or public bodies is unethical, inappropriate, or immoral. In 2019 the Swedish Data Protection Authority prohibited the use of facial recognition in schools. CBP says it has processed more than 100 million travelers using face recognition and prevented more than 1,000 imposters from entering the US at air and land borders. 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. Instead, the cheap, ubiquitous, reasonably priced public option that cities have been pushing willsomedayshame national policymakers into action. 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. It added to a streak of such. In October, California Gov. In 2021, Facebook paid $650 million in a historic settlement of a BIPA lawsuit. Just last summer, a Black man in Michigan was wrongfully arrested and detained after facial recognition technology incorrectly identified him as a shoplifting suspect. In West Lafayette, officials have twice failed to enact a ban on facial recognition over the past six months, citing its value in investigations. Reportedly, these cases involved photos uploaded from Flickr that were later used by IBM to train facial recognition software to help accurately identify people of color. Some cities have gone as far as banning the use of facial recognition technology altogether. /content/aba-cms-dotorg/en/groups/business_law/resources/business-law-today/2022-may/facial-recognition-a-new-trend-in-state-regulation. NIST declined to comment, citing practice against discussing legislation. Then in February 2022, the Illinois Supreme Court held in McDonald v. Symphony Bronzeville Park that the Illinois Workers Compensation Act does not protect companies from statutory BIPA damages. 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. But ongoing research by the federal government's National Institute of Standards and Technology (NIST) has shown significant industrywide progress in accuracy. The WIRED conversation illuminates how technology is changing every aspect of our livesfrom culture to business, science to design. , Jake Parker, Senior Director of Government Relations, Security Industry Association, Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Twitter (Opens in new window), Guide to Security Industry Manufacturers Representatives, SIA OSDP Verified Program Process, Pricing & Application, AG-01 Architectural Graphics for Security Standard, SIA New Products and Solutions (NPS) Awards, SIA Women in Security Forum Networking Breakfast, Women in Security Forum Breakfast at ISC East, Security Industry Cybersecurity Certification (SICC), Security Industry Cybersecurity Certification (SICC) Review Course, Certified Security Project Manager (CSPM) Certification, Talent Inclusion Mentorship Education (TIME), Denis R. Hebert Identity Management Scholarship Program, SIA Women in Security Forum Scholarship Program, Unmanned Aerial Systems (UAS) and Counter-UAS, Premier sponsor of ISC expos and conference, policies ensuring responsible use and sensible privacy protections, Additional SIA resources on facial recognition technology are available here, Security Industry Cybersecurity Certification (SICC) Review Course at ISC East, SIA New Member Profile: MxV Security Solutions, Program Announced for 2023 Security LeadHER Conference, Grow Your Career & Discover Your Mentor in the Security Industry. Activists in New York are also pressing for a facial recognition ban despite increased crime. All rights reserved. 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. Such feelings got a boost when Facebook unexpectedly announced on the day of the Bellingham vote that it would shutter its own face recognition system for identifying people in photos and videos, due to growing societal concerns.. "Police departments are exploiting people's fears about that crime to amass more power," Jones said. The Moratorium provides a law enforcement officer shall not use facial recognition technology or information acquired through the use of facial recognition technology unless the use would be permitted with respect to drones. Notably, the Vermont law expanded the definition of facial recognition to include recognition of sentiment: The COVID pandemic has been a busy time for new facial recognition laws. Access unmatched financial data, news and content in a highly-customised workflow experience on desktop, web and mobile. Other plaintiffs and their attorneys also sued other web platforms including TikTok, Snapchat, and Google under BIPA. Morocco's recent moratorium ended in December 2020 and evidence of the technology being introduced in cities is already appearing 7 in 10 governments are using FRT on a large-scale basis All rights reserved. However, Maines law applied to all government employees, not just law enforcement. The European governments could reach their final position before the end of the year, according to two EU diplomats. Maine also allowed government employees to use facial recognition without a court order as long as the state employee was investigating a serious crime and believed there was probable cause to believe that an unidentified individual in an image has committed the serious crime, or under a limited number of additional exceptions. If you are a current MultiState client, please use the links here to login to our online systems. 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 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. But after, Robot Lawyers Are About to Flood the Courts. In Maryland, facial recognition was used to help identify the Capital Gazette shooter after police were unable to identify the shooter using his fingerprints. State of Facial Recognition across the world- . 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. by scanning shoppers faces and comparing them to photos in a database of known shoplifters. Inside the Secretive Life-Extension Clinic, The 13 Best Electric Bikes for Every Kind of Ride, Power Up Anywhere With Our Favorite Portable Chargers, Covid Exposure Apps Are Headed for a Mass Extinction Event. Caitlin Seeley George, a campaign director at nonprofit Fight for the Future, finds the spread of face recognition in airports and other areas of daily life concerning. Washington and Texas have laws similar to the one in Illinois, but don't allow for private suits. Reuters, the news and media division of Thomson Reuters, is the worlds largest multimedia news provider, reaching billions of people worldwide every day. One of the. 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). On June 1, 2021, King County in Washington state passed a measure prohibiting the county's departments from using facial recognition technology. At the same time, completely unfettered use of private biometric systems seems incompatible with American values. It's time to renew your membership and keep access to free CLE, valuable publications and more. In other words, the patchwork is usefully painful for companies: The agony stimulates them to come to the table. The potential benefits of facial recognition, and biometric data generally, are just too great for governments and corporations to pass up. 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. 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.". Retailers have used facial recognition to combat shoplifting by scanning shoppers faces and comparing them to photos in a database of known shoplifters. Finally, facial recognition is increasingly, and controversially, used in schools. Browse an unrivalled portfolio of real-time and historical market data and insights from worldwide sources and experts. Cities across the United States, large and small, have stood up to this invasive technology by passing local ordinances banning its use.

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