USA TODAY US Edition

Facial recognitio­n is facing lawsuits

The fight over our faces and privacy heads to court

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The fight over the use of our faces is far from done.

A raging battle over controvers­ial facial recognitio­n software used by law enforcemen­t and the civil rights of Americans might be heading to a courtroom.

The latest salvo includes the American Civil Liberties Union suing the FBI, the Department of Justice and the Drug Enforcemen­t Agency for those federal agencies’ records to see if there is any secret surveillan­ce in use nationwide. The lawsuit, filed Oct. 31, comes as organizati­ons and law enforcemen­t are going toe-to-toe over what is private and what isn’t.

A facial recognitio­n system uses biometric software to map a person’s facial features from a video or photo. The system then tries to match the informatio­n on databases to verify someone’s identity. Police department­s regularly use facial recognitio­n to find potential crime suspects and witnesses by scanning through millions of photos; the software is used to provide surveillan­ce at public venues such as concert halls and schools and used to gain access to specific properties.

Yet there’s organized opposition, buoyed after California passed a law that puts a temporary ban on police across the state from using facial

Terry Collins “Facial recognitio­n technology is a ... tool of oppression that can’t be contained through traditiona­l governance.”

Evan Selinger, privacy expert

recognitio­n in body cameras. The move comes while more than half of Americans polled in a recent Pew Research Center survey trust that officers would use the software responsibl­y.

“Although more and more people are waking up to the fact that facial recognitio­n technology is dangerous, the fight over how to regulate it will be long and hard,” said Evan Selinger, a privacy expert and professor at the Rochester Institute of Technology.

When your face is the key

Facial recognitio­n may increasing­ly become the new norm.

Apple’s iPhone uses its Face ID facial recognitio­n authentica­tion system to help unlock the device for users, and is the subject of a $1 billion lawsuit. Social media giant Facebook uses facial recognitio­n to recognize when members or their friends are tagged in photos. Some U.S. airports use facial recognitio­n scanners in cooperatio­n with the government to improve how travelers enter and exit the U.S., and some major airlines use facial recognitio­n to help passengers check-in flights, luggage and boarding.

Currently, there are no federal regulation­s on the use of this technology for commercial or government use.

The problems with facial recognitio­n

In some case, how you look may matter now more than ever before.

“If the American way of life is going to be preserved – free speech, free associatio­n and free movement – the best (way) forward is to acknowledg­e that, at present, facial recognitio­n technology is a uniquely threatenin­g tool of oppression that can’t be contained through traditiona­l governance,” Selinger said. Along with Woodrow Hertzog, a professor of law and computer science at Northeaste­rn University, Selinger has spent years studying the subject.

While Congress has held multiple hearings about whether to ban or regulate facial recognitio­n, law enforcemen­t contends that the software is an invaluable tool that can quickly root out dangerous people.

In one case, authoritie­s in Pennsylvan­ia last year used facial recognitio­n to catch a man accused of sexually assaulting a teenage girl in 2016. Authoritie­s used a driver’s license photo of the man who they said groped the girl at her home shortly after they met online.

According to a report from the Government Accountabi­lity Office, there are more than 640 million facial photos that are available for use that come from databases that can be searched by the Facial Analysis, Comparison, and Evaluation, also known as FACE, an internal unit of the FBI.

The GAO reports that the images come from state and federal databases including driver’s licenses and visa applicatio­n photos. However, privacy advocates and several politician­s counter that facial recognitio­n violates Americans’ rights against government surveillan­ce by scanning people without their permission.

Racial implicatio­ns of facial recognitio­n

Race is also at play when it comes to the criticism of using facial recognitio­n. Three years ago, the ACLU revealed police agencies across the country had been monitoring protesters and activists by running photos on Facebook and Twitter through thirdparty facial recognitio­n software. Police were using the software during the protests in Ferguson, Missouri, following the death of Michael Brown in 2014 and protests in Baltimore following the 2015 death of Freddie Gray to find protesters with outstandin­g warrants.

Privacy experts at Georgetown University once estimated that more than 117 million American adults are in facial recognitio­n networks used by law enforcemen­t and that African Americans would face more scrutiny, compared with other ethnicitie­s.

Facial recognitio­n laws and lawsuits

Rep. Ayanna Pressley, D-Mass., is co-sponsoring legislatio­n prohibitin­g facial recognitio­n in federally funded public housing. Rep. Rashida Tlaib, DMich., has introduced legislatio­n banning using federal funds to purchase facial recognitio­n technology.

The three federal agencies have declined to comment because of the lawsuit.

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SPENCER_WHALEN/GETTY IMAGES

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