These days, stories about the use of facial recognition software (FRS) are legion. One of us wrote in January about the Chinese government’s extensive use of FRS. Just this month, U.S. Customs and Border Protection began testing facial recognition technology at around a dozen U.S. airports. The New York Times reported on the use of FRS for security purposes in the private sector, notably in Madison Square Garden and at the American Airlines Center in Dallas. Despite broad experimentation, there is no federal law governing the use of FRS—although Illinois and Texas have laws that mandate informed consent. Whether used by governments or in private enterprise, the technology appears to be developing faster than the law.
Citation
Ashley S. Deeks, Facial Recognition Software: Costs and Benefits, Lawfare (March 27, 2018).