Legislation stops federal entities’ use of facial recognition
tools and effectively strips federal support for state and local law
enforcement entities that use biometric technology
Washington (June 15, 2021) – Senators Edward J. Markey
(D-Mass.), Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), Elizabeth Warren
(D-Mass.), and Ron Wyden (D-Ore.)
, along with Representatives Pramila Jayapal (WA-07), Ayanna
Pressley (MA-07) and Rashida Tlaib (MI-13), today reintroduced bicameral
legislation to stop government use of biometric technology, including facial
recognition tools. The
Facial Recognition and Biometric
Technology Moratorium Act responds to
reports that
hundreds of local, state, and federal entities, including law enforcement
agencies, have used unregulated facial recognition technologies and
research showing that that roughly half of U
.S
. adults are
already in facial recognition databases.
As this technology continues to proliferate, experts have found that facial
recognition tools are significantly less accurate when analyzing biometric data
from vulnerable and marginalized populations. For example, an analysis of
facial recognition tools by the National Institute of Standards and Technology
found that
Black, Brown, and Asian individuals were up to 100 times more likely to be
misidentified than white male faces. Three Black men have already been
wrongfully arrested based on a false facial recognition
match, and earlier this month, more
than 40 leading civil rights and
privacy groups
called for a
moratorium on law enforcement entities’ use of this technology.
A
copy of the legislation be found HERE.
The Facial Recognition and Biometric
Technology Moratorium Act would:
· Place a prohibition on the use
of facial recognition technology by federal entities, which can only be lifted
with an act of Congress;
· Place a prohibition on the use
of other biometric technologies, including voice recognition, gate recognition,
and recognition of other immutable physical characteristics, by federal
entities, which can only be lifted with an act of Congress;
· Condition federal grant
funding to state and local entities, including law enforcement, on those
entities enacting their own moratoria on the use of facial recognition and
biometric technology;
· Prohibit the use of federal
dollars for biometric surveillance systems;
· Prohibit the use of
information collected via biometric technology in violation of the Act in any
judicial proceedings;
· Provide a private right of
action for individuals whose biometric data is used in violation of the Act and
allow for enforcement by state Attorneys General; and
· Allow states and localities to
enact their own laws regarding the use of facial recognition and biometric
technologies.
“We
do not have to forgo privacy and justice for safety” said Senator Markey. “This
legislation is about rooting out systemic racism and stopping invasive
technologies from becoming irreversibly imbedded in our society. We simply
cannot ignore the technologies that perpetuate injustice, and that means that
law enforcement should not be using facial recognition tools today. I urge my
colleagues in Congress to join this effort and pass this important
legislation.”
“It’s
disturbing that our government and law enforcement are continuing to use facial
recognition technology, despite the fact that its use has resulted in reports
of discriminatory outcomes that has ripped innocent people away from their
lives and locked them up in jail,” said
Senator Merkley. “This trend
should concern every American who stands against discrimination, values their
right to privacy, and believes people are innocent until proven guilty. That’s
why we’re pushing to put in place a federal moratorium on this technology until
it’s ready for primetime—meaning critical safeguards are established to ensure
that the technology does not further perpetuate systemic racism, and that
Americans will be protected from inappropriate surveillance.”
“Facial
recognition technology violates the privacy and civil liberties of Americans,
and deepens racial bias in policing,” said
Senator Sanders. “Enough is
enough. Congress must ban the use of facial recognition technology for all law
enforcement.”
“Facial
recognition technology has been plagued with far too many problems for any
government to use it responsibly. This technology has been misused against
peaceful protestors, sent innocent people to jail and has proven to misidentify
Black Americans and people with dark skin at elevated rates. I am proud to join
Senators Markey and Merkley in introducing legislation to put facial
recognition tech on ice until there is proof it can be used effectively and
safely,” said Senator Wyden.
“Facial
recognition technology is not only invasive, inaccurate, and unregulated but it
has also been unapologetically weaponized by law enforcement against Black
people across this country. That's why I have long called on companies like
Amazon to stop selling this technology, and it's why we need to immediately
take additional steps to rein in its use," said Congresswoman Jayapal. "This legislation will not only
protect civil liberties but aggressively fight back against racial injustice by
stopping federal entities from using facial recognition and biometric
surveillance tools while stripping support for state and local law enforcement
departments that continue its use.”
“We
cannot allow racist, faulty facial recognition technology to continue to be
used in the surveillance and criminalization of Black and Brown communities,” said Congresswoman Tlaib. “In my district, two Black men,
Michael Oliver and Robert Williams, were both wrongfully arrested after being
misidentified by this broken technology that has subjected them to trauma no
one should have to experience. This is why I have long called for a ban on the
use of facial recognition technology and am proud to join my colleagues in the
reintroduction of this legislation that will save countless people from racist
experiences with our so-called justice system.”
“Facial
recognition technology is flawed and systemically biased, and has exacerbated
the criminalization and over-surveillance that Black and brown communities
face,” said Congresswoman
Pressley. “By banning
government use of this discriminatory technology, our bill would boldly affirm
the civil liberties of every person in this country and protect their right to
live free of unjust surveillance by government and law enforcement. I’m proud
to join my colleagues in re-introducing this bill.”
“The perils of face recognition technology are not hypothetical —
study after study and real life have already shown us its dangers. The
technology’s alarming rate of inaccuracy when used against people of color has
led to the wrongful arrests of multiple Black men including Robert Williams, an
ACLU client. Giving law enforcement ever more powerful surveillance technology
empowers constant surveillance, harms racial equity and is not the answer,” Kate Ruane, senior legislative
counsel at the American Civil Liberties Union, said. “It’s past time to take action, and
the Facial Recognition and Biometric Moratorium Act of 2021 is an important
step to halt government use of face recognition technology.”
"Facial recognition exponentially
amplifies the brutality and injustice of policing in the United States. This is
a technology that is fundamentally incompatible with basic liberty and human
rights. It's more like nuclear weapons than alcohol or cigarettes –– it can't
be effectively regulated, it must be banned entirely. Silicon Valley lobbyists
are already pushing for weak regulations in the hopes that they can continue
selling this dangerous and racist technology to law enforcement. But experts
and advocates won't be fooled,” said Evan Greer (she/her), Director of Fight for
the Future. “Any lawmaker who fails to support this moratorium
legislation, to at least put a pause on the spread of this technology while we
have a conversation about its impact on our society, is actively supporting the
erosion of our basic human and constitutional rights."
“Facial-recognition
technology has spread more rapidly than our ability to keep its abuses in
check. Study after study have exposed the systemic racism that’s baked into the
DNA of its algorithms. Its continued use poses a serious threat to communities
of color and activists, allowing law enforcement to monitor individuals without
their knowledge or consent; even if the tech worked properly it would
disproportionately impact Black and Brown people, who are already over-policed.
Several cities have already banned the use of this invasive and discriminatory
technology by local authorities. We’re incredibly grateful to Senators Markey
and Merkley and Representatives Jayapal and Pressley for raising concerns at
the federal level,” said
Sandra Fulton, Government Relations Director for Free Press Action.
“Law
enforcement’s use of biometric surveillance exacerbates racial biases in our
justice system and inflicts harm on Black people,” said Arisha Hatch, Vice President
of Color Of Change. “For too
long, mass surveillance and the infringement of civil rights have been used to
destabilize and exploit Black communities. Biometric technologies are built on
these racist law enforcement practices, invasions of privacy, and algorithms
that only provide people with the tools to escalate state violence against Black
people. Facial recognition surveillance cannot be reformed — the technologies
that amplify racism must be banned. Color Of Change commends Senator Markey and
Representative Jayapal for taking swift action in prohibiting facial
recognition technology and will continue to support legislation that ensures
racist mass surveillance practices are ended."
“Face
surveillance technology is so harmful to our safety and privacy, and so
discriminatory, that government must not use it at all,” said India McKinney, Director of
Federal Affairs at the Electronic Frontier Foundation. “We thank the authors of this bill for
their leadership in ending the federal government’s use of this dangerous and
invasive technology.”
"Facial
recognition poses a significant threat to our democracy and privacy. Facial
recognition technology has been shown time and time again to be biased,
inaccurate, and disproportionately harmful to people of color. The Facial
Recognition and Biometric Technology Moratorium Act of 2021 would
effectively ban law enforcement use of this dangerous technology. EPIC is proud
to support it,” said
Caitriona Fitzgerald, Deputy Director, Electronic Privacy Information
Center (EPIC).
Endorsers
of the Facial Recognition and
Biometric Technology Moratorium Act include:
American Civil Liberties Union (ACLU), Electronic Frontier Foundation, Fight
for the Future, Color of Change, MediaJustice, Electronic Privacy Information
Center (EPIC), Free Press, Jewish Voice for Peace, MPower Change, the Athena
Coalition, Project on Government Oversight, Georgetown University Law Center’s
Center on Privacy & Technology, and New America’s Open Technology
Institute, Campaign for Commercial Free Childhood, Surveillance Technology
Oversight Project, Amnesty International USA, Restore The Fourth, National
Association of Criminal Defense Lawyers, LGBT Technology Partnership and
Institute, Public Citizen, Center for Digital Democracy, Council on
American-Islamic Relations, CenterLink: The Community of LGBT Centers,
Defending Rights & Dissent, Montgomery County Civil Rights Coalition,
Detroit Community Technology Project, Black Alliance for Just Immigration,
Muslim Justice League, Joy Buolamwini (Algorithmic Bias Researcher at
Massachusetts Institute of Technology and Founder of The Algorithmic Justice
League), Upturn, Open The Government, Access Now, Secure Justice and Asian Americans Advancing Justice – AAJC.
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