New York City police reportedly used facial recognition from 15,000 cameras 22,000 times to identify individuals since 2017. We also may not be aware that cameras can identify us by our gait and body movement, as well as our face. software, tag us as we move from location to location. What we may not realize is that our favorite apps and ever-present street cameras are using facial recognition to identify us and, using advanced A.I. We believe they are looking for cars going through red lights or watching out for crime. We look up as we walk outside and see cameras on every street intersection pole, or at the city park. We pose and smile for selfies with friends and put them on Facebook, TikTok, Instagram, and Snapchat.
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The states are taking facial recognition regulation into their own hands while the federal government is at a standstill on passing privacy laws curbing the use of this powerful new software tool. State legislators, as explained below, are exercising their power to regulate the use of facial recognition by law enforcement and by private companies. Now, especially after its use in locating persons involved in the January 6, 2021, riots at the US Capitol, almost everyone knows its utility and power to find anyone who shows up in a video or “snap.” Many from both the left and the right sides of the aisle see its unregulated use as an intrusion into the privacy of the individual. Ten years ago, the average person did not know what facial recognition was. This article originally appeared in Business Law Today, a publication of the American Bar Association Business Law Section.
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