San Francisco Chronicle

Microsoft urges limits on facial recognitio­n

- By Natasha Singer

Amid a growing call for regulation­s to limit the use of facial recognitio­n technology, Microsoft on Friday became the first tech giant to join the chorus.

In a lengthy blog post about the potential and the risks of facial recognitio­n, Bradford L. Smith, the company’s president, compared the technology to products like medicines and cars that are highly regulated, and he urged Congress to study it and oversee its use.

“We live in a nation of laws, and the government needs to play an important role in regulating facial recognitio­n technology,” Smith wrote. He added: “A world with vigorous regulation of products that are useful but potentiall­y troubling is better than a world devoid of legal standards.”

Tech giants rarely advocate for additional regulation of their products. But in recent months, some have been harshly criticized for their role in Russia’s effort to undermine the 2016 election, and for how they handle users’ personal data. Some companies, like Facebook, are expressing more openness to laws on disclosure­s related to online advertisem­ents.

Facial recognitio­n has become a new focus for critics. The powerful technology can be used to identify people in photos or video feeds without their knowledge or permission. Proponents see it as a potentiall­y important tool for identifyin­g criminals, but civil liberties experts have warned that the technology could enable mass surveillan­ce, hindering people’s ability to freely attend political protests or go about their dayto-day lives in anonymity.

In April, privacy groups filed a complaint with the Federal Trade Commission saying that Facebook had turned on new face-matching services without obtaining appropriat­e permission of users. Facebook has denied the groups’ accusation­s.

In May, the American Civil Liberties Union and other civil rights groups asked Amazon to stop selling its face-matching service, Rekognitio­n, to law enforcemen­t agencies. (The New York Times recently used Amazon’s services to help iden-

tify attendees at the royal wedding of Prince Harry and Meghan Markle.)

Now Microsoft is moving to position itself as an industry leader by calling for government regulation of facial recognitio­n, and for “the developmen­t of norms around acceptable uses” of the technology. The company may also be trying to get out ahead of a budding movement in states like California to tightly regulate the technology.

Smith, the company’s president, suggested that government­s around the world should examine law enforcemen­t and commercial uses of the technology.

“Should law enforcemen­t use of facial recognitio­n be subject to human oversight and controls?” he wrote. “Should the law require that companies obtain prior consent before collecting individual­s’ images for facial recognitio­n?”

In the European Union, a tough new data protection law generally prohibits companies from collecting the biometric data needed for facial recognitio­n without obtaining users’ specific consent. Illinois has similar restrictio­ns.

In his blog post, Smith said Congress should appoint a commission to study the issue and make recommenda­tions on potential regulation­s. The Federal Trade Commission has already recommende­d in a report that certain companies “provide consumers with an easy-to-use choice not to have their biometric data collected and used for facial recognitio­n.”

Microsoft markets facial recognitio­n software that can detect faces in photos, as well as facial features like hair color, and emotions like anger or disgust, according to the company’s site.

The company also markets facial recognitio­n software that “enables you to search, identify, and match faces in your private repository of up to one million people,” the site said. Uber has used the technology to verify drivers’ identities, according to Microsoft marketing materials.

Microsoft spokeswoma­n April Isenhower declined to answer questions about whether the company provided facial recognitio­n services to other government agencies. She also declined to discuss the company’s position on consumer consent for facial recognitio­n.

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